Kratom Encyclopedia

Is kratom legal in North Dakota?

Legal, regulatedVerified Oct 7, 2026 on the state's own site
The short answer

As of Oct 7, 2026, kratom is legal and regulated by a state kratom law in North Dakota (N.D.C.C. ch. 51-38 (created by H.B. 1628, 69th Leg. Assemb., Sept. 2026 special session)). Minimum age: 21. 7-OH: Kratom must be pure leaf with five one-hundredths percent 7-OH or less (dry weight); 7-OH above that threshold, or more than one milligram per article in synthetic/processed forms, is Schedule I. 2 changes in 2026: Executive Order 2026-04 declared a public-health emergency and banned creating, selling, purchasing or possessing kratom statewide from 5 p.m. 2026-08-05; rescinded when H.B. 1628 was signed; H.B. 1628 enacted in the 2026-09-02/04 special session: pure-leaf-only regulated market, 21+, AG licensing, labelling/testing, Schedule I for kratom alkaloid derivatives; EO 2026-04 rescinded. Effective on filing with the Secretary of State (2026-09-04); sales remain unlawful until AG rules are adopted and licences issued.

21+ only. Kratom is not approved by the FDA for any medical use, and nothing here is medical advice. This is a summary of the law, not legal advice; local rules can be stricter.

Kratom law in North Dakota

Every row links to the statute, rule or bill it comes from.

StatusLegal, regulated
LawN.D.C.C. ch. 51-38 (created by H.B. 1628, 69th Leg. Assemb., Sept. 2026 special session)
Checked Oct 7, 2026
LawN.D.C.C. § 51-38-02 (licence required)
Checked Oct 7, 2026
LawN.D.C.C. § 51-38-06(4) (no licences before rules)
Checked Oct 7, 2026
LawN.D.C.C. § 19-03.1-05(3)(lll) (Schedule I kratom alkaloid derivatives)
Checked Oct 7, 2026
LawH.B. 1628 bill overview (signed 09/04, filed with Secretary of State 09/04)
Checked Oct 7, 2026
Minimum age21
7-OH limitKratom must be pure leaf with five one-hundredths percent 7-OH or less (dry weight); 7-OH above that threshold, or more than one milligram per article in synthetic/processed forms, is Schedule I
LabellingLabel must list ingredients, serving size, mitragynine and 7-OH amounts and warnings; products stored behind the counter
LicensingAttorney-general licence per facility: ten thousand dollar initial application fee, five thousand dollar annual renewal fee

North Dakota and its neighbours

Kratom's legal status in every state; select one to compare.

Kratom legal status, North Dakota outlined
  • Legal, no state law (7)
  • Legal, regulated (21)
  • 7-OH restricted (4)
  • Banned (7)
  • Being confirmed (12)
ALAlabama: BannedAKAlaska: Being confirmedAZArizona: Legal, regulatedARArkansas: BannedCACalifornia: Being confirmedCOColorado: Legal, regulatedCTConnecticut: BannedDEDelaware: Legal, regulatedDCDistrict of Columbia: Being confirmedFLFlorida: 7-OH restrictedGAGeorgia: Legal, regulatedHIHawaii: Being confirmedIDIdaho: Legal, no state lawILIllinois: Legal, regulatedINIndiana: Being confirmedIAIowa: Being confirmedKSKansas: 7-OH restrictedKYKentucky: 7-OH restrictedLALouisiana: BannedMEMaine: Being confirmedMDMaryland: Legal, regulatedMAMassachusetts: Being confirmedMIMichigan: Legal, no state lawMNMinnesota: Legal, regulatedMSMississippi: Legal, regulatedMOMissouri: Being confirmedMTMontana: Being confirmedNENebraska: Legal, regulatedNVNevada: Legal, regulatedNHNew Hampshire: Legal, no state lawNJNew Jersey: Legal, no state lawNMNew Mexico: Being confirmedNYNew York: Legal, regulatedNCNorth Carolina: Legal, no state lawNDNorth Dakota: Legal, regulatedOHOhio: 7-OH restrictedOKOklahoma: Being confirmedOROregon: Legal, regulatedPAPennsylvania: Legal, no state lawRIRhode Island: Legal, regulatedSCSouth Carolina: Legal, regulatedSDSouth Dakota: Legal, regulatedTNTennessee: BannedTXTexas: Legal, regulatedUTUtah: Legal, regulatedVTVermont: BannedVAVirginia: Legal, regulatedWAWashington: Legal, no state lawWVWest Virginia: Legal, regulatedWIWisconsin: BannedWYWyoming: Legal, regulated

What changed in 2026

  • Executive Order 2026-04 declared a public-health emergency and banned creating, selling, purchasing or possessing kratom statewide from 5 p.m. 2026-08-05; rescinded when H.B. 1628 was signed. (effective Aug 5, 2026) — source
  • H.B. 1628 enacted in the 2026-09-02/04 special session: pure-leaf-only regulated market, 21+, AG licensing, labelling/testing, Schedule I for kratom alkaloid derivatives; EO 2026-04 rescinded. Effective on filing with the Secretary of State (2026-09-04); sales remain unlawful until AG rules are adopted and licences issued. (effective Sep 4, 2026) — source

Buying online in North Dakota

Partner retailers, from their own no-ship lists. Retailers can be stricter than the law.

  • Kratom Country (partner): ships to North Dakota
  • Super Speciosa (partner): ships to North Dakota

Partner retailers: we have a business relationship with these retailers, and they're listed only where they say they ship.

Common questions

Is kratom legal in North Dakota?

As of Oct 7, 2026, kratom is legal and regulated by a state kratom law in North Dakota, under N.D.C.C. ch. 51-38 (created by H.B. 1628, 69th Leg. Assemb., Sept. 2026 special session).

How old do you have to be to buy kratom in North Dakota?

21, per N.D.C.C. ch. 51-38 (created by H.B. 1628, 69th Leg. Assemb., Sept. 2026 special session).

Is 7-OH legal in North Dakota?

North Dakota's rule: Kratom must be pure leaf with five one-hundredths percent 7-OH or less (dry weight); 7-OH above that threshold, or more than one milligram per article in synthetic/processed forms, is Schedule I.

Can you buy kratom online in North Dakota?

Kratom Country and Super Speciosa list North Dakota as a state they ship to. Retailers set their own no-ship lists, so check at checkout.

Sources

  1. N.D.C.C. § 19-03.1-05(3)(lll) (Schedule I kratom alkaloid derivatives)
  2. H.B. 1628 bill overview (signed 09/04, filed with Secretary of State 09/04)
  3. LAPPA, Kratom: Summary of State Laws (January 2026)
  4. Executive Order 2026-04 declared a public-health emergency and banned creating, selling, purchasing or possessing kratom statewide from 5 p.m. 2026-08-05; rescinded when H.B. 1628 was signed. — ndlegis.gov
  5. H.B. 1628 enacted in the 2026-09-02/04 special session: pure-leaf-only regulated market, 21+, AG licensing, labelling/testing, Schedule I for kratom alkaloid derivatives; EO 2026-04 rescinded. Effective on filing with the Secretary of State (2026-09-04); sales remain unlawful until AG rules are adopted and licences issued. — governor.nd.gov