Notice to Retail Food Establishments Selling Kratom

MEMO

TO: Missoula Retail Food Establishments
FROM: Shannon Therriault, R.S., Environmental Health Director
DATE: Sept. 25, 2026 

RE: Kratom products in retail food establishments

This letter was sent to retail food establishments to clarify that no kratom food or drink products are approved for sale in their business. We know that most Missoula food businesses are not selling kratom products, but we want to make sure that everyone who needs it receives this information.

The US Drug Enforcement Administration (DEA) recently announced emergency scheduling of some kratom-related compounds, which are now on Schedule 1 of the Controlled Substances Act. The DEA website states that the manufacture, distribution, sale and possession of these substances are subject to criminal, civil and administrative provisions of that Act. However, any kratom product added to food or drink is considered to be an unsafe food additive by the US Food and Drug Administration (FDA), and cannot be lawfully sold.

Kratom is a tropical tree that is native to Southeast Asia. Products prepared from kratom leaves have become available across the United States, and are sold in the form of edible brewed teas, energy shots, flavored seltzers, gummies, tablets, capsules, powders, and extracts. Commercial products often include concentrated 7-OH or other kratom components, which can act as an opioid or sedative and can lead to addiction, respiratory depression, liver damage and even death. See below for more information.
   
FDA has not approved any kratom products for use as an over-the-counter or prescription drug. They consider any dietary supplements containing kratom as unsafe and adulterated. The FDA also evaluates whether a substance is “generally recognized as safe” before it can be added as an ingredient to food and drink. The FDA concluded that there is inadequate information to provide reasonable assurance that kratom ingredients do not present a significant or unreasonable risk of illness or injury when added to food or drink. As a result, kratom is deemed as an unsafe food additive, and any food or drink containing kratom is considered to be adulterated. Based on these determinations, kratom cannot be sold as a drug, dietary supplement, food or food ingredient.

Please ensure that you are not selling or providing food and drinks with kratom. Many of the products are not clearly labeled. While we will verify that kratom products are not available in your establishment during our routine inspections that take place after Nov. 2, 2026, it is your responsibility to offer only approved products in your business. If you have questions, please contact us at 406-258-4755.

What is kratom?

• Kratom products are derived from the leaves of a tropical tree, native to Southeast Asia. The leaves contain many chemical compounds that can affect the body, including mitragynine and 7-hydroxymitragynine or 7-OH.
• 7-OH is a highly potent, opioid-like compound. This compound and others like it are concentrated and synthetically produced and added to non-age restricted consumer products with a much higher concentration than found in the plant.

What does it do?

Like all drugs, kratom’s effects depend on the amount, potency, formulation, how it’s ingested, other drugs in the person’s system, a person’s underlying medical conditions, previous use of the substance and other factors. 

• Because the formulation of kratom products vary, effects are difficult to predict.
• Kratom and 7-OH can act as a stimulant causing increased energy, alertness or rapid heart rate.
• At other times, it acts like an opioid or sedative causing relaxation, drowsiness, slowed breathing or confusion.
• Like other opioids, it can cause overdose and death. There have been nearly 30 deaths involving kratom in Montana since 2020 (MT Department of Justice, 2025)
• Kratom Use Disorder: Kratom users can become dependent on the substance, requiring medication-assisted treatment to manage the addiction and withdrawals. 

Is kratom legally sold in Montana?

There are no FDA-approved uses for kratom as a prescription or over-the-counter drug, food additive or dietary supplement. Montana’s Food Code requires that all foods be safe, unadulterated and honestly presented. Since the FDA determined kratom to be an unapproved adulterant in food, kratom food and drink products or supplements cannot be sold in licensed retail food businesses.