Last verified:
Status Indicators
- Legal statewide
- No Kratom Consumer Protection Act enacted
- No county or municipal bans
- Not a controlled substance under North Dakota law
- 18+ retailer voluntary standard, no state-mandated age
At a Glance
| Field | Value |
|---|---|
| Legal Status | Legal |
| Age Limit | 18+ (voluntary, no state law) |
| Regulated | No |
| Controlled Substance | No |
| Last Policy Change | None |
Understanding Federal vs. State Law
Kratom is federally unscheduled. North Dakota has not added kratom to a state controlled-substance schedule. North Dakota is one of the US states where kratom remains legal at both the state and federal level without a regulatory framework. Without a KCPA, vendors are not subject to state-mandated age verification, alkaloid concentration caps, or labeling rules beyond general FDA marketing requirements.
KCPA Section
No state KCPA has been enacted in North Dakota, and no major KCPA bill has been advanced as of this update. Advocacy continues at the legislature but no successful bill has emerged.
Legislative Timeline
| Date | Event |
|---|---|
| Ongoing | No state-level kratom legislation has been enacted |
Buying & Shipping to North Dakota
Shipping to North Dakota is unrestricted. Online vendors typically ship to North Dakota without state-specific restrictions. Kratom is widely available in Fargo, Bismarck, Grand Forks, and elsewhere in the state.
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Q: Is kratom legal in North Dakota?
A: Yes. North Dakota has not enacted a state ban or KCPA. Kratom is legal for adults under general consumer law.
Q: What is the legal age to buy kratom in North Dakota?
A: There is no state-mandated age. Most retailers voluntarily restrict sales to 18+.
Q: Has North Dakota passed the KCPA?
A: No. No KCPA has been enacted as of this update.
Q: Is kratom a controlled substance in North Dakota?
A: No.
Q: Can I fly into North Dakota with kratom?
A: Yes. Travelers using Hector International (Fargo), Bismarck Airport face no state-level kratom restrictions.
Q: Can I drive through North Dakota with kratom?
A: Yes. Kratom is legal throughout North Dakota.
Sources
- amazingbotanicals.net/learn/kratom-legality/, Amazing Botanicals state-by-state kratom legality map (April 2026 update)
- legislativeanalysis.org/wp-content/uploads/2025/04/Kratom-Summary-of-State-Laws.pdf, Legislative Analysis Public Policy Association KRATOM, Summary of State Laws (April 2025)
- www.americankratom.org/aka-in-your-state, American Kratom Association state-by-state advocacy tracker
- www.congress.gov/crs-product/LSB11082, Congressional Research Service report on federal and state kratom regulation
- kratomlife.com/is-kratom-legal-in-my-state-2026-laws-regulations-guide/, 2026 state-by-state laws and regulations guide
Related Kratom Legal Guides
- Region hub: Is Kratom Legal in USA (Federal Hub)?
- Is Kratom Legal in Washington?
- Is Kratom Legal in Montana?
- Is Kratom Legal in Oregon?
- Is Kratom Legal in Pennsylvania?
- Is Kratom Legal in South Dakota?
- Is Kratom Legal in Florida?
Is 7-OH legal in North Dakota?
No, not in concentrated form. North Dakota bans synthetic and concentrated 7-OH outright. HB 1628 prohibits concentrated 7-OH alongside MGM-15, MGM-16 and mitragynine pseudoindoxyl, while leaving natural leaf lawful for adults 21 and over under labelling and retailer-licensing rules. In practice all kratom sales remain prohibited statewide until the Attorney General's administrative rules are implemented.
7-OH (also written 7OH, or 7-hydroxymitragynine in full) is the alkaloid regulators treat separately from kratom leaf, and North Dakota handles it under HB 1628 (69th Legislative Assembly, second special session), signed 4 September 2026.
Federally, 7-OH is not a scheduled substance. The DEA proposed Schedule I status for material above 0.050% 7-OH by dry weight, or above 0.050% by weight or volume or 1.00 mg in a synthetic or further-processed article, on 6 July 2026 (91 FR 40917). That proposal is not in force. Separately, mitragynine pseudoindoxyl, MGM-15 and MGM-16 became Schedule I on 26 August 2026 (91 FR 54948); 7-OH itself was not part of that order.
Compare every jurisdiction’s 7-OH position, including the federal timeline and the exact threshold language, or read what 7OH actually is and how it differs from kratom leaf.