Legality Guide

Updated Oct 2026

Is Kratom Legal in North Dakota?

Kratom is legal in North Dakota. The state has not enacted a Kratom Consumer Protection Act and there are no statewide bans, county bans, or municipal kratom restrictions. Kratom is not classified as a controlled substance under North Dakota law and no major legislative effort has advanced to change that status.

Status

Natural leaf kratom is lawful in principle for adults 21 and over, but all sales remain prohibited until the HB 1628 administrative rules are in place.

Executive Order 2026-04 published 3 Aug 2026: public health emergency, temporary ban on sale, use and possession of all kratom from 5 Aug 2026, special session called for 2 Sep 2026. North Dakota Board of Pharmacy emergency rule scheduled several kratom-related compounds as Schedule I. HB 1628 (69th Legislative Assembly, second special session) signed 4 Sep 2026; executive order rescinded on signing. SB 2408, which would have scheduled kratom alkaloids outright, failed in the House 47-46. Per the Governor’s office, sale of all kratom products remains prohibited until administrative rules under HB 1628 are implemented. No 7-OH dry-weight cap is stated in the primary record and none is asserted here.

Quick Answer

Not at the moment. North Dakota moved twice in 2026. On 3 August the Governor issued Executive Order 2026-04, declaring a public health emergency and temporarily banning the sale, use and possession of all kratom from 5 August, alongside a Board of Pharmacy emergency rule scheduling several kratom-related compounds as Schedule I. A special session then passed HB 1628, signed on 4 September 2026, which bans synthetic kratom derivatives – concentrated 7-OH, MGM-15, MGM-16 and mitragynine pseudoindoxyl – while leaving natural leaf lawful for adults 21 and over under labelling, packaging and retailer-licensing rules. A total ban, SB 2408, failed in the House by one vote, 47-46. The executive order was rescinded when HB 1628 was signed, but the Governor’s office states that the sale of all kratom and kratom products remains prohibited in North Dakota until the administrative rules under HB 1628 are implemented.

Age Requirement

21 Years Old

Local Bans

None

Regulated

Yes (the North Dakota Attorney General’s Office, which licenses retailers and approves testing laboratories under HB 1628, with the Board of Pharmacy having scheduled related compounds by emergency rule in August 2026)

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

Related Kratom Legal Guides

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.


The Kratom Consumer Protection Act (KCPA)


County & City Restrictions

No local ordinances restrict kratom in North Dakota.

Are there any local or municipal bans?

No county or city-level bans are recorded. The 2026 restrictions are statewide.

At a Glance

Legal Status

Age Limit

21

Regulated

Yes (the North Dakota Attorney General’s Office, which licenses retailers and approves testing laboratories under HB 1628, with the Board of Pharmacy having scheduled related compounds by emergency rule in August 2026)

Controlled Substance

Yes

Last Policy Change

HB 1628 signed 4 September 2026 (69th Assembly, second special session). Executive Order 2026-04 of 3 August 2026 rescinded on signing.

Legislative Timeline

How the law here has changed, and when.

Penalties for Non-Compliance

Vendor Violations

Selling to minors constitutes a Class C misdemeanor.

Distributing adulterated products can result in severe fines.

Repeat offenses may lead to criminal charges.

Kratom law is set jurisdiction by jurisdiction, and it moves. Every status on this page carries the statute or rule it comes from, and the date it last changed.

Kratom Plants editorial note

Frequently Asked Questions