Is Kratom Legal in North Dakota?
Complete guide to kratom laws, regulations, and where to buy in North Dakota.
ℹ️ Legal status is rechecked every morning against state legislative filings and regulatory actions. Last checked November 8, 2026. No change recorded since August 5, 2026. Laws can change — always verify with your local authorities.
📋 Table of Contents
🏛️ Active Kratom Legislation in North Dakota
We monitor every kratom-related bill filed in the North Dakota legislature. Here's what's in motion right now:
| Bill | What it does | Status | Last Action |
|---|---|---|---|
| HB1628 | Penalties for the use and possession of kratom alkaloid derivatives and the sale of kratom to individuals under twenty-one years of age;… | Filed with Secretary Of State 09/04 | |
| SB2408 | Penalties for the use and possession of kratom alkaloids and kratom alkaloid derivatives; to provide a penalty; and to provide an… | Reported back amended, do pass, engrossment placed on calendar 7 3 0 |
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Kratom Legal Status in North Dakota
Until August 2026, North Dakota had no kratom law of any kind. On August 3, 2026, Governor Kelly Armstrong declared a public health emergency. He signed an executive order banning the sale, use and possession of all kratom and kratom products, effective 5 p.m. on August 5, 2026. Breaking it was an infraction with a fine of up to $1,000. The same day, the North Dakota Board of Pharmacy issued an emergency rule placing 7-hydroxymitragynine (7-OH) in Schedule I.
The governor then called a special legislative session, which opened September 2, 2026. The Senate passed a permanent total ban, SB 2408, 46-1. The House defeated it 46-47 on September 4. Lawmakers then sent the governor HB 1628: the Senate passed the amended bill unanimously and the House concurred 91-2. Governor Armstrong signed it on September 4, 2026.
The result is a two-part law. Synthetic and concentrated kratom derivatives are now prohibited. Natural leaf kratom will be legal again, but only through licensed retailers, and only once the Attorney General’s Office has written the licensing rules. Attorney General Drew Wrigley has said kratom “remains banned in all of its forms” until that process is complete. The Senate Majority Leader estimated six months, and legislators have pointed to March 2027 as the likely earliest date. Reports differ on whether the August executive order was formally rescinded at signing or will lapse once the rules take effect. Either way, no kratom may be sold in North Dakota today.
HB 1628: What the New Law Does
- Bans synthetic derivatives: concentrated 7-hydroxymitragynine (7-OH), mitragynine pseudoindoxyl, MGM-15 and MGM-16 are controlled substances under state law. This part took effect when the bill was signed.
- Licensed natural leaf sales: retailers must hold an annual license from the Attorney General’s Office (reported application fee: $10,000). Selling without a license is a Class B misdemeanor.
- Age limit: sales only to adults 21 and older.
- Testing and labels: products must be tested by an accredited lab. Labels must state mitragynine and 7-OH content, serving size and health disclaimers.
- 7-OH cap: no more than 0.05% 7-OH by dry weight.
- Packaging: no candy-like or child-appealing packaging. Licensed sellers must assist customers in accessing products.
- Public health campaign: $20,000 appropriated for kratom education.
Governor Armstrong has said a total ban could come back in the regular legislative session that begins in January 2027, so this law may change again.
Federal law is moving in parallel. The DEA temporarily placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I effective August 26, 2026. On October 14, 2026, it published a revised notice to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a set concentration, which can take effect on or after November 13, 2026. For how other states handle kratom, see the kratom legality hub page.
Penalties
Under HB 1628, possessing a banned synthetic kratom derivative is reported to start as an infraction with a fine of up to $1,000. Penalties escalate to a Class C felony (up to five years and a $10,000 fine) for a third or later offense. Selling kratom without a state license is a Class B misdemeanor. Because no licenses can be issued until the rules are adopted, any kratom sale in North Dakota today is unlicensed. For advice about your own situation, consult a licensed North Dakota attorney.
Purchasing Kratom in North Dakota
Frequently Asked Questions
Not yet. HB 1628, signed September 4, 2026, will allow licensed sales of natural kratom leaf to adults 21 and older. The Attorney General says kratom remains banned in all its forms until the licensing rules are finished, expected around March 2027. Synthetic derivatives such as concentrated 7-OH are permanently banned.
The Senate passed a permanent total ban (SB 2408) 46-1, but the House rejected it 46-47. The Legislature instead passed HB 1628, which bans synthetic kratom derivatives and creates a licensed 21+ market for natural leaf. Governor Armstrong signed it on September 4, 2026.
Only after the Attorney General’s Office adopts licensing rules and starts licensing retailers. Officials estimated about six months from September 2026, and legislators have pointed to March 2027. A new ban could also be proposed in the January 2027 regular session.
Buyers must be 21 or older and products must come from a state-licensed retailer. Products must be lab-tested and labeled with mitragynine and 7-OH content, contain no more than 0.05% 7-OH by dry weight, and not use child-appealing packaging.
No. No kratom can be sold in North Dakota until the licensing rules are in place, and Amazing Botanicals does not ship kratom there.
Possessing a banned synthetic derivative starts as an infraction with a fine of up to $1,000. It can rise to a Class C felony for repeat offenses. Selling kratom without a license is a Class B misdemeanor. Consult a licensed North Dakota attorney for advice on your situation.
Kratom laws vary by state. If you travel outside North Dakota, check the law in your destination state before buying. The kratom legality hub has a current state-by-state overview.
Sources
North Dakota HB 1628 (2026 Special Session) — LegiScan
KFYR-TV — Governor Armstrong signs modified kratom bill (September 4, 2026)
InForum — North Dakota passes kratom regulation bill, rejects full ban
Office of the Governor of North Dakota — Executive Order and Board of Pharmacy Emergency Rule (August 3, 2026)
DEA — Notice of Intent: 7-Hydroxymitragynine and Mitragynine Pseudoindoxyl Above a Specified Threshold (October 14, 2026)
North Dakota Legislative Assembly
Amazing Botanicals — Kratom Legality Hub
Disclaimer: This page is for informational purposes only and does not constitute legal advice. Laws can change — always verify current regulations with your local authorities.
Is 7-OH (7-hydroxymitragynine) legal in North Dakota?
PROHIBITED
HB 1628 (signed Sep 4, 2026) bans 7-OH, mitragynine pseudoindoxyl, MGM-15 and MGM-16. No kratom may be sold until licensing rules take effect (expected 2027); licensed natural leaf will be capped at 0.05% 7-OH by dry weight.
All kratom products, including any 7-OH content, are illegal under state law.
Federal status: 7-OH is not yet federally scheduled, but the DEA filed notices of intent on July 1, 2026 and a temporary Schedule I order is expected on or after August 5, 2026, effective the day it publishes. That will apply in North Dakota regardless of state law.
Kratom Is Currently Restricted in North Dakota
Due to state regulations, kratom cannot be shipped to North Dakota. Visit our legality hub for the latest updates on kratom laws.
View Kratom Legality Hub