Is It Illegal to Drive After Taking Kratom? DUI Law Explained

Is it illegal to drive after taking kratom? If kratom or any related product impairs your driving, yes. Every state and the District of Columbia makes impaired driving a crime, and most state laws cover any impairing substance, not only alcohol and listed drugs. A few states go further and name kratom alkaloids directly.

The safe legal rule is simple: do not drive if any substance has affected you. This guide covers how the laws are written, the states that name kratom or 7-OH, and how police test drivers.

Status as of October 12, 2026: Drug-impaired driving is illegal in all 50 states and DC (NHTSA). Alabama and Indiana list mitragynine in Schedule I. Florida scheduled 7-OH above set limits on June 22, 2026. No federal 7-OH order yet; MGPI, MGM-15 and MGM-16 are federal Schedule I.

Can you get a DUI for kratom?

Yes. A driver can be charged with DUI or DWI after taking kratom if an officer can show impairment. Most state statutes cover "any substance" or "any drug" that affects driving. Where kratom alkaloids are controlled substances, prosecutors may have more options.

Legal status does not protect a driver. NHTSA notes that even prescription and over-the-counter drugs can impair driving, and that drivers may not judge their own impairment well.

For background on the compounds involved, see our guide to kratom alkaloids.

How impaired-driving laws treat any impairing substance

Impaired-driving laws usually have a catch-all clause. Instead of listing every drug, they make it a crime to drive while under the influence of any substance that impairs your mental or physical faculties. Kratom does not need to be named for these clauses to apply.

A few examples from current state codes:

• Alabama (Code 32-5A-191) covers driving under the influence of a controlled substance, and separately any substance that impairs mental or physical faculties, to a degree that makes the driver incapable of safe driving.
• Tennessee (Code 55-10-401) covers any intoxicant, controlled substance, drug, or substance affecting the central nervous system that impairs safe driving.
• Florida (s. 316.193) covers alcohol, certain chemical substances and any substance controlled under chapter 893, when the driver's normal faculties are impaired.

The common thread is impairment: could you drive safely, not which product you used.

Is it illegal to drive after taking kratom in states that name kratom or 7-OH?

In some states the law names kratom alkaloids directly, which can make a DUI case easier to bring. Alabama and Indiana list mitragynine in Schedule I. Florida's 2026 emergency rule schedules 7-OH and related compounds above set limits. In each, driving-under-the-influence statutes tie into those lists.

State	What the law names	How it connects to impaired driving
Indiana	Mitragynine and 7-hydroxymitragynine are listed as synthetic drugs (IC 35-31.5-2-321), which are Schedule I (IC 35-48-2-4)	Operating a vehicle with a Schedule I or II substance or its metabolite in the blood is a Class C misdemeanor (IC 9-30-5-1(c)), even without proof of impairment
Alabama	Mitragynine and hydroxymitragynine listed in Schedule I (Code 20-2-23)	DUI covers a controlled substance that makes a driver incapable of safe driving (Code 32-5A-191)
Florida	7-OH and six related compounds in Schedule I above 1 mg per gram or mL, or below a 100:1 mitragynine ratio (Attorney General emergency rule, June 22, 2026)	DUI covers any substance controlled under chapter 893 when normal faculties are impaired (s. 316.193)

Indiana's law is a "per se" offense: a listed substance in the blood can support a charge on its own. States with outright kratom bans add possession exposure on top.

Florida's rule is temporary under s. 893.035 unless the Legislature adopts it. Read more in our update on 7-OH and what you can do.

How do police test for kratom impairment?

Police usually start with observed driving and Standardized Field Sobriety Tests. If they suspect drugs, a certified Drug Recognition Expert (DRE) may run a 12-step evaluation after arrest. A blood or urine test can then look for specific substances, though a standard panel may not include kratom alkaloids.

The DRE program was set up by the International Association of Chiefs of Police (IACP) and NHTSA. A DRE checks vital signs, involuntary responses and coordination, then gives an opinion on whether the driver is impaired and by which drug category.

NHTSA notes that a drug's presence does not by itself prove impairment. Most states build cases on observed impairment; per se states like Indiana focus on the blood result.

Kratom, 7-OH and commercial drivers

Commercial drivers face a stricter federal rule. Under 49 CFR 392.4, a commercial driver may not be on duty while using or under the influence of any Schedule I substance, any narcotic, or any other substance that makes the driver unable to drive safely. Kratom does not need to be listed for that last clause to apply.

Federal scheduling matters here. DEA placed MGPI, MGM-15 and MGM-16 in Schedule I on August 26, 2026 (91 FR 54948), so they now fall under the Schedule I clause. Our explainer on what the DEA's August 2026 order covers has the details.

On 7-OH, the Justice Department said on October 9, 2026 that DEA will issue a new notice of intent with limits of 1 mg per gram for solids and 1 mg per mL for liquids. No 7-OH order has taken effect yet.

The DOT lab cutoff table (49 CFR 40.85) does not list kratom alkaloids, but the impairment rule in 392.4 still applies.

The safest rule: do not drive impaired

So, is it illegal to drive after taking kratom? It is whenever you are impaired, and no state sets a "safe" amount of kratom or 7-OH for driving. Nothing in this article suggests driving after use is safe.

Do not drive if any substance is affecting you. Plan a ride instead, and follow any label warning about driving.

Frequently Asked Questions

Does kratom cause DUI or DWI charges?

It can. DUI and DWI laws in every state cover impairment from drugs as well as alcohol, and most use wording broad enough to include kratom. A charge depends on the evidence of impairment, or in a per se state like Indiana, on a listed substance in the blood.

Is kratom legal to buy but illegal to drive on?

Yes. Kratom leaf is legal to sell in many states, but impaired-driving laws apply to legal products too, including alcohol and prescription drugs.

Will kratom show up on a roadside or DOT drug test?

Standard DOT panels do not list kratom alkaloids. Police can still order a blood test for other substances, and a DRE evaluation looks at impairment rather than a specific panel.

Can I lose my CDL over kratom?

Federal rules bar commercial drivers from duty while using any Schedule I substance or while impaired by any substance. Employers can set stricter policies. Ask your employer or a lawyer about your situation.