Is Kratom Legal in New Hampshire? [2023 Update]

Some states have unregulated kratom industries, others have well-regulated markets, and a few have banned kratom altogether. Meanwhile, kratom is legal at the federal level. It is no wonder that people get confused! But in this post, we will answer, “Is kratom legal in New Hampshire?”

Yes, kratom is legal in New Hampshire, apart from in Franklin City. While the Granite State does not classify kratom as a controlled substance, Franklin City Council banned it in 2019. As of February 2023, New Hampshire does not regulate its kratom market.

Thanks for checking out this analysis of kratom law in NH. Curious to find out more about the state’s legal history with Mitragyna speciosa? Keep reading! I will be discussing that and a whole lot more.

It is! New Hampshire does not schedule kratom (or mitragynine and 7-hydroxymitragynine (7-HMG)) as a controlled substance. The state’s General Court has never passed a bill to make kratom illegal and nor has the Department of Health and Human Services ordered a ban.

This makes kratom legal in NH for all reasons. Any retailer can sell products, and consumers can buy as much as they like.

However, New Hampshire’s municipalities can take independent action against kratom. And a city in the middle of the state did just that in 2019.

Before I go further, I must point out that kratom is banned in neighboring Vermont. Do not enter Vermont with kratom under any circumstances.

Unfortunately, kratom is prohibited in Franklin, a small city in Merrimack County. In August 2019, Franklin City Council voted unanimously to make kratom illegal.

I could only find first-hand information on the Franklin Mayor’s Drug Task Force Facebook page. But a post from the time makes it clear: everything to do with kratom is banned in Franklin, including the sale, purchase, possession, and use.

The New Hampshire General Court has seen several kratom-related bills, including an attempt to outlaw the tree-derived substance in 2016. Let’s zone in on the key moments of kratom’s legal history in the Granite State.

In February 2016, four New Hampshire politicians sponsored a bipartisan bill to ban the possession, sale, and use of kratom. NH SB540 was amended a few weeks later to merely prohibit kratom for individuals under 18.

The bill died on the table in July 2016.

In February 2020, five state senators sponsored NH SB758, another bill to ban the sale and use of kratom in New Hampshire. The text was amended, taking the shape of the Kratom Consumer Protection Act (KCPA) instead.

The bill would have regulated NH’s kratom market in several ways, including:

• Prohibiting kratom sales to people under 18

• Banning contaminated and adulterated kratom

• Banning synthetic kratom compounds

• Requiring kratom vendors to register with the Department of Health and Human Services

• Imposing administrative fines on those in violation of the KCPA

Despite the benefits of NH SB758, the bill died on the table in September 2020.

In 2021, Rep. Rene Nunez (R) and Aidan Ankarberg (R) introduced NH HB333. This marked another effort to pass the KCPA in New Hampshire. However, the bill died in the House Commerce and Consumer Affairs Committee.

NH HB333 appeared again in January 2022 when the bill was referred for an interim study. However, that was the last we heard of it.

New Hampshire legislators have tried passing the KCPA a few times, but the efforts have fallen short of success. Sadly, this leaves consumers vulnerable to dangerous and contaminated kratom. It also means children are left in harm’s way.

I have spotted misinformation online about minors being unable to buy kratom in the Granite State. NH SB540 pushed for that in 2016, but the bill never passed. That the proposed KCPA bill set an age requirement shows that New Hampshire does not currently stop minors from buying kratom.

But this is a glaring example of why the state needs kratom regulation. Kratom is for adults, and the failure to prevent children from accessing products increases the risk of accidents.

I expect so. There is not much political appetite to ban kratom in New Hampshire, a state trending slightly toward regulation. All previous kratom prohibition bills have been amended with a minimum age requirement or a full-scale KCPA. That said, none of them have passed.

Of course, the legislative position may change if the facts do. Kratom science is still relatively limited, but politicians may act depending on what we learn over the coming years.

Indeed, this applies to the federal government, too. The Drug Enforcement Administration (DEA) is no fan of kratom, categorizing the substance as a Drug or Chemical of Concern. And as you may remember, the DEA once pushed to classify kratom as a Schedule I drug.

But some lawmakers have warmed to the concept of kratom regulation, introducing a bill to achieve just that in late 2022. Want to know more about the federal kratom debate and how it could affect states like New Hampshire? Click here.

Until the Granite State passes the KCPA, you must exercise due diligence when shopping for kratom. Some brands make sketchy products, and certain vendors fail to carry out appropriate checks - that is the reality, and for now, consumers must adapt to it.

Firstly, here’s a list of places where you can find kratom for sale (except if you live in Franklin):

• Niche botanical stores

• Smoke shops

• Head shops

• Gas stations

• Convenience stores

I recommend disregarding the bottom two in your search for premium-grade kratom. These shops are magnets for adulterated, untested, and low-quality products.

Botanical stores and kratom-specific shops sell excellent kratom, but they are notoriously expensive. As with many industries, brick-and-mortar retailers fall short of online competitors in terms of value for money. In most cases, it is cheaper and more convenient to buy kratom online.

But if in-store shopping is more your thing, you can buy kratom in New Hampshire this way. Have featured two kratom-selling stores in Concord and Manchester below. 

Smokers Haven Manchester - Smoke & Vape Shop

105 S Willow St, Manchester, NH 03103

The Smoking Turtle

9 Pleasant St Ext, Concord, NH 03301

For anyone in New Hampshire not living in Franklin City, kratom is legal and likely to stay that way. However, there is no indication that Franklin will reverse its ban. It is unclear whether New Hampshire will pass the KCPA, but let’s keep our fingers crossed!