Minnesota Raises the Kratom Age from 18 to 21 on August 1, 2026

What Changes on August 1, 2026?

Minnesota enacted the change in 2026 Minnesota Laws, chapter 63, section 1. The governor signed the act on May 5, 2026. It amends Minnesota Statutes section 152.027, subdivision 7, which is titled “Sale or possession of kratom.”

The amendment makes one focused change in each of subdivision 7’s two paragraphs: it replaces “under the age of 18” with “under the age of 21.” One paragraph addresses unlawful sale to a person below the age line; the other addresses unlawful possession by a person below it.

As of July 30, 2026, the current Revisor display for section 152.027 still shows the pre-effective under-18 language, while its recent-history notice links to the 2026 amendment. The enacted session law supplies the future-effective text.

What Does the Sale Provision Cover?

Amended paragraph (a) applies when a person unlawfully sells any amount of kratom, or a substance containing mitragynine or 7-hydroxymitragynine, to a person under 21. The offense is classified as a gross misdemeanor.

Several limits are built into that sentence. The statute uses “sells,” identifies the recipient’s age, includes the word “unlawfully,” and covers “any amount.” A general label such as “kratom transaction” does not replace those statutory terms.

The amendment changes the recipient-age element. It does not create a new felony, and it does not say that every interaction involving kratom is a gross misdemeanor.

What Does the Possession Provision Cover?

Amended paragraph (b) applies to a person under 21 who unlawfully possesses any amount of kratom, or a substance containing mitragynine or 7-hydroxymitragynine. The offense is classified as a misdemeanor.

This provision is directed at possession by the person who is under the statutory age. After the effective date, it reaches people who were no longer within the age element after turning 18 under the prior text but who are still under 21.

The word “unlawfully” remains in the amended law. That qualifier matters: the amendment should not be summarized as though age alone establishes every element of a possession offense.

Why Does the Alleged Conduct Date Matter?

The legislature made the amendment effective August 1, 2026, and expressly stated that it applies to crimes committed on or after that date. The new under-21 language therefore turns on when the alleged offense occurred, not only on when a charge is filed or a court hearing takes place.

Before the effective date, the codified text uses the under-18 age line. On and after the effective date, chapter 63 changes that line to under 21 for covered crimes. When dates are disputed or alleged conduct spans more than one day, a general article cannot determine which facts or version of the law controls.

What Does the Amendment Not Change?

Chapter 63 is narrow. It changes two age references in subdivision 7; it does not rewrite every controlled-substance provision in Minnesota Statutes chapter 152.

Subdivision 7 describes an unlawful-sale offense and an unlawful-possession offense. It does not use “purchase” as a separate offense in this subdivision, and it does not classify the amended offenses as felonies. Other laws and the specific facts may still matter, so that limited point should not be read as a general statement that any unlisted conduct is lawful.

The amendment also leaves the covered-substance language intact: kratom, mitragynine, and 7-hydroxymitragynine remain the terms used in the provision. Whether an item contains a listed substance is therefore a factual issue that can matter independently of age.

What Facts Can Matter in a Minnesota Kratom Charge?

The statutory language points to a short list of recurring questions: What was the person’s age on the alleged offense date? Did the alleged event occur before or after August 1, 2026? Was the allegation sale or possession? What substance was involved? What evidence addresses whether the conduct was unlawful?

The offense level also depends on which paragraph is alleged. The sale-to-a-person-under-21 provision is a gross misdemeanor; the possession-by-a-person-under-21 provision is a misdemeanor. Those classifications describe the statutes, not the outcome of any individual case.