Yes. North Carolina has no state kratom law, so kratom and 7-OH are not scheduled or regulated by the state as of October 18, 2026. Legislative staff describe kratom as unregulated and legal. Dare County on the Outer Banks adopted its own ordinance in August 2026 with a 21+ age limit, batch lab reports and a 7-OH cap, and bills that would set a statewide 21+ rule and ban synthetic kratom are waiting on House action after the November 2026 election.
Last verified . General information, not legal advice.
What changed recently
- SB 59, which would set 21+ for kratom, passed the Senate 44-0.
- HB 468, Regulate Kratom Products, went to House Rules, where it has stayed.
- The House voted 95-18 not to concur in the Senate version of HB 328.
- A House committee substitute for SB 59 was reported and re-referred to House Rules.
- The Senate adopted the HB 328 conference report 37-6.
- The HB 328 conference report and substitute were referred to House Rules.
- Dare County adopted a local kratom ordinance by unanimous vote.
- House Speaker Destin Hall said there would be no vote on HB 328 until after the November election.
- Federal: DEA temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16. 7-OH was not scheduled federally as of that date.
The North Carolina rules in detail
No state kratom statute
North Carolina has not enacted a kratom law. There is no state age limit, no labeling or testing rule, no 7-OH cap and no seller license. An under-18 bill from 2015-16 (HB 747) was never ratified. State legislative staff summarize current law as kratom being unregulated and legal.
No state agency action to schedule 7-OH was found in the research. The lack of a state law does not remove local rules or federal limits.
Dare County ordinance
Dare County is the one local ordinance the research confirmed. As reported by Island Free Press, it requires:
- Sales only to buyers 21 and over, with an ID check if the buyer appears under 30.
- Products made only from Mitragyna speciosa leaf, with only naturally occurring alkaloids.
- A 7-OH cap. Reports differ on the wording: 2% of the alkaloid fraction, or 0.4 mg on a dry-matter basis.
- A batch or lot COA from an ISO/IEC 17025 accredited lab, or a county-recognized equivalent, available at retail. A QR code or link is acceptable.
- Labels that show recommended serving size, servings per package, and mitragynine and 7-OH content.
- No smokable, vaporized or injectable products and no public sampling.
Products sold as “7-OH” or “Enhanced Kratom” are banned where testing shows added or chemically produced 7-OH. The ordinance text itself was not retrieved.
HB 328 and SB 59: statewide 21+ and synthetic ban
The HB 328 conference substitute would create G.S. 14-401.28. It would ban selling or possessing synthetic kratom, including synthetic 7-OH, ban sales to anyone under 21 with an ID check, and bar possession by anyone under 21. Its kratom section listed a July 15, 2026 start date that has now passed, so the text would need revision.
SB 59 would add G.S. 14-313.1 with a similar under-21 sales and possession ban, covering synthesized kratom products too. If enacted it would take effect December 1, 2026. Reports differ on what HB 328 does: one news outlet said it would make kratom a Schedule VI substance, but the conference text reviewed creates G.S. 14-401.28 instead.
HB 468: a full licensing model
HB 468 would have ALE license kratom manufacturers, distributors and retailers. It adds product testing and registration, a 21+ limit, child-resistant packaging, and a ban on synthetic alkaloids and on combustible, vaporized or injectable forms. Proposed fees run from $250 per retail location up to $15,000 for manufacturers. The bill has sat in House Rules since June 2025.
Local rules inside North Carolina
State law is not the whole picture. Cities and counties can add their own rules, and some already have.
- Dare County. Adopted August 3, 2026. Sets 21+, natural-alkaloid-only products, a 7-OH cap, batch COAs from an accredited lab, label content rules, and a ban on smokable, vaporized and injectable products. Enforcement is complaint-driven with education first, and criminal sanctions are authorized. No formal effective date or grace period was set, per local reporting.
- Check whether any ship-to address is in Dare County and apply its rules there.
- For Dare County retailers, supply a batch COA from an ISO/IEC 17025 accredited lab, or a link or QR code to one.
- Put serving size, servings per package, and mitragynine and 7-OH content on labels going to Dare County.
- Do not send synthetic, enhanced or added 7-OH products into Dare County.
- Do not ship smokable, vaporized or injectable kratom products to Dare County accounts.
- Consider gating North Carolina sales at 21 now, since every pending state bill uses 21.
- Watch the House after the November 2026 election for HB 328 and SB 59 votes.
- NCGA HB 328 bill lookup
- HB 328 proposed conference committee substitute PCCS30639-CE-1
- NCGA SB 59 bill lookup
- HB 468 staff bill summary
- Island Free Press: Dare County adopts kratom ordinance
- NC Newsline: House delays hemp bill vote until November
- Whether the House takes up the HB 328 conference report or SB 59 after the November 2026 election, and the final kratom text and dates.
- Which HB 328 version is before the House: one report said kratom would become Schedule VI, but the reviewed text creates G.S. 14-401.28.
- The Dare County ordinance text, effective date, penalty amounts and exact 7-OH wording (2% of alkaloids or 0.4 mg dry matter).
- Whether other North Carolina counties or cities have kratom ordinances; these were not checked.
- Whether any state agency has moved to schedule 7-OH; none was found.
- Kratom laws in South Carolina: Legal, regulated
- Kratom laws in Virginia: Legal, regulated
- Kratom laws in Tennessee: Banned
- All kratom laws by state
- Kratom laws for sellers: state and local rules
- Shipping and returns
- Wholesale kratom FAQ
Enforcement and penalties
No state kratom offense is in effect, so there is no state penalty today. In Dare County, the health department and law enforcement handle complaints, and the ordinance authorizes criminal sanctions. The research did not retrieve the county penalty amounts, so ask North Carolina counsel before selling there.
The pending bills would make under-21 sales and synthetic kratom a Class 2 misdemeanor. SB 59 also lists fines of $500, $1,000 and $1,500 for first, second and later offenses. None of these is law yet.
Federal context
Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.
Wholesale buyer checklist for North Carolina
Tell us your products, quantities and ship-to state and we will review the North Carolina rules against your order before we quote.
North Carolina kratom law FAQ
Is kratom legal in North Carolina?
Yes. North Carolina has no state kratom statute, and kratom and 7-OH are not scheduled under state law as of October 18, 2026. Dare County has its own local rules.
What is the minimum age to buy kratom in North Carolina?
There is no statewide minimum age. Dare County requires buyers to be 21, and HB 328 and SB 59 would set 21 statewide if enacted.
Does North Carolina limit 7-OH?
Not at the state level. Dare County caps 7-OH and bans added or synthetic 7-OH, and the pending state bills would ban synthetic 7-OH.
Does North Carolina require a kratom license or lab testing?
No state license or testing rule exists. HB 468 would add ALE licensing and testing, and Dare County already requires a batch COA from an accredited lab.
When could North Carolina's kratom rules change?
The House Speaker said there would be no HB 328 vote until after the November 2026 election. SB 59 would take effect December 1, 2026 if enacted.
How we verified this page
We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.
What we have not confirmed yet
Related state pages and guides
This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.