Federal regulators spent October drawing a line between natural kratom and concentrated 7-OH products. At the state and local level, the past two weeks have moved in a different direction. Georgia's Attorney General asked retailers to pull kratom from their shelves and proposed a law that would presume every kratom product illegal unless the state approves it, while city and county governments from New Hampshire to Montana have taken up restrictions of their own.
Here is what was proposed, what actually took effect, and how it compares with the federal approach.
Georgia: A "Default Ban" Proposal
On October 23, Georgia Attorney General Chris Carr called on gas stations and smoke shops across the state to remove kratom from their shelves, according to Atlanta News First. "Get this poison off your shelves," he said.
Carr also asked lawmakers to reverse how Georgia regulates kratom. Under his proposal, all kratom-related products would be presumed illegal for retail sale unless the state affirmatively approves them. That would flip the current model, where products are allowed unless they break specific rules.
Important context:
- It is a proposal. No bill number or vote schedule has been published, and Georgia's Legislature does not meet in regular session until January.
- It is not limited to 7-OH. As described, the approach would cover kratom-related products broadly rather than only concentrated or synthetic ones.
- The request to retailers is voluntary. An AG's call to pull products is not itself a change in the law.
The reporting connects Carr's push to the Ole Miss student deaths in Mississippi, which we covered in Mississippi's Health Officer Wants Kratom Leaf in Schedule III. No official toxicology results in that case have been released.
Missoula County, Montana: Food-Code Enforcement Begins
Missoula County began enforcing restrictions on kratom food and drink products in licensed retail food businesses on November 2, according to NBC Montana. The county health department's position is that because the FDA does not recognize kratom as a safe food additive, kratom foods and beverages count as adulterated under the food code.
Officials emphasized this is not a ban on kratom itself. The rule applies to retail food establishments, and the report notes that other retailers, such as smoke shops, can continue to carry kratom until state or federal law changes. Establishments that keep products on shelves face reinspection fees after repeated visits.
Manchester, New Hampshire: A Citywide Ban Under Discussion
In Manchester, aldermen are weighing an ordinance that would ban the use, possession, purchase, sale, delivery, or public display of kratom products, according to the New Hampshire Union Leader. Members debated whether to limit the ordinance to concentrated extracts, and the discussion was moved toward a committee. No vote date has been set.
How This Compares With the Federal Approach
The contrast with Washington is striking. On October 14, the DEA published a notice of intent to temporarily schedule 7-OH and MGPI only above a two-part threshold, a step HHS described as separating natural kratom from enhanced products. That order can be published no earlier than November 13. We explained the test in HHS and DEA Just Drew a Line on 7-OH.
Other jurisdictions are following that federal model. Hillsborough County, Florida is advancing an ordinance that targets 7-OH and synthetic products while leaving natural kratom alone, with a public hearing scheduled for November 10, and Pennsylvania's HB 2657, which would allow only natural leaf from registered vendors, is awaiting action in the state Senate.
So the map is splitting into two approaches: rules that target concentrated and synthetic products by measurable standards, and proposals that would restrict kratom across the board. Our guide to what kratom ban laws actually cover explains how to tell them apart.
Where We Stand
We support strict rules for concentrated and synthetic products, mandatory testing, accurate labeling, enforced age limits, and enforcement against sellers who break the law. We do not carry 7-OH products, MGPI, MGM-15, or MGM-16. Measurable standards, like the federal threshold, give regulators and retailers a clear line. Blanket bans remove lab-tested natural leaf from adults without addressing the products driving the concern.
We will update this post as Georgia, Manchester, and other jurisdictions act. We comply with all applicable state and local laws. Orders to restricted areas are not fulfilled. Check your local regulations before ordering, and email orders@nuwavebotanicals.com with questions.
Sources
- Atlanta News First: Georgia attorney general calls for removal of kratom from store shelves (October 23, 2026)
- NBC Montana: Missoula Co. will begin enforcing kratom restrictions in food retail establishments Nov. 2 (October 26, 2026)
- New Hampshire Union Leader via Yahoo News: Manchester aldermen weigh citywide ban on kratom sales, possession (October 26, 2026)
FDA Disclaimer
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Kratom products are intended strictly for individuals 18 years of age or older, or 21+ where required by applicable state law.