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Is Kratom Legal in North Dakota?

No, not for now. HB 1628, signed September 4, 2026, allows licensed sales of pure-leaf kratom to adults 21 and over, but no license can issue until the Attorney General adopts rules, and the Governor's office says all kratom sales remain prohibited until then. Kratom alkaloid derivatives, including 7-OH above 0.05%, are Schedule I. Once rules exist, processors and retailers will need a $10,000 Attorney General license, lab testing for each product, and detailed labels.

Last verified . General information, not legal advice.

What changed recently

  1. Governor Armstrong and Attorney General Wrigley announced an executive order banning all kratom and a Board of Pharmacy emergency rule placing 7-OH in Schedule I.
  2. The all-kratom ban and the Board of Pharmacy emergency rule took effect at 5 p.m.
  3. Federal: DEA temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16.
  4. HB 1628 passed (House 91-2, Senate 46-0), was signed and filed, and took effect. The executive order was rescinded. SB 2408, which would have put all kratom alkaloids in Schedule I, failed in the House 46-47.
  5. The Board of Pharmacy held a public hearing on its emergency rule, per a secondary source. Comments were due September 27.
  6. The regular legislative session convenes. More kratom bills are possible.

The North Dakota rules in detail

Why no sales are lawful right now

HB 1628 created N.D.C.C. chapter 51-38. It requires an Attorney General license to process or sell kratom, and it bars any license until the Attorney General adopts rules. Unlicensed activity is a class B misdemeanor. The Governor’s office says all kratom sales remain prohibited for now.

North Dakota Monitor reported the rules were expected to be months away, possibly not before the January 2027 session. No adopted rules or issued licenses were found as of October 11, 2026.

What counts as lawful kratom

The statute defines kratom as pure leaf, fresh, dried, dehydrated or ground, with 0.05% or less 7-OH by dry weight. Licensees may not handle kratom extract or kratom mixed with any other substance. The one exception is an inert, food- or pharmaceutical-grade encapsulating agent, so capsules of pure leaf appear to be allowed.

Schedule I kratom compounds

N.D.C.C. 19-03.1-05(3)(lll) lists kratom alkaloid derivatives in Schedule I, including synthetic and semisynthetic ones. Examples include 7-OH above threshold, mitragynine pseudoindoxyl, MGM-15, MGM-16 and 7-acetoxymitragynine. The threshold is over 0.05% dry weight for botanical material, and over 0.05% or over 1 mg per article for extracts, concentrates, edibles and pressed pills.

The Board of Pharmacy also placed 7-OH above threshold in Schedule I by emergency rule from August 5, 2026. Its text was not retrieved, and whether it matches HB 1628 is not confirmed.

Licensing, testing and labels once rules exist

Each processor and retailer facility needs its own license. Processor covers anyone who prepares, manufactures, distributes, wholesales or stores kratom products. The license costs $10,000 to apply and $5,000 to renew, lasts one year, cannot be transferred, and must be displayed. Retailers may not hold a financial interest in a processor, and the Attorney General may require criminal history checks.

Every product must be tested before sale for mitragynine and 7-OH by an accredited lab the Attorney General approves, documented in a COA the licensee keeps. Labels must list the maker or distributor and contact, ingredients, serving size, mitragynine and 7-OH per serving and per package, servings per package, an expiration date, and the required warnings. Candy-like or child-appealing packaging is barred. See how to read a kratom lab report.

Age and display

Kratom now falls under the same under-21 rules as tobacco and nicotine. Self-service displays are prohibited and product must be kept locked behind the counter. Cities and counties may add their own under-21 rules.

Enforcement and penalties

The Attorney General licenses, inspects, seizes product and fines. Under 51-38-06(2), a licensee faces seizure plus a $10,000 fine and 3-day suspension for a first violation, $15,000 and 30 days for a second, and $25,000 and permanent revocation for a third. Unlicensed sale or handling is a class B misdemeanor.

Possessing a kratom alkaloid derivative is an infraction the first time, a class A misdemeanor the second, and a class C felony after that. Selling to someone under 21 is an infraction for the seller. Delivery of Schedule I substances falls under the general drug statute, which the research did not cover; ask counsel.

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.

What this means for sellers

  1. Do not ship kratom to North Dakota addresses until the Attorney General adopts rules and issues licenses.
  2. Screen orders, ship-to addresses and drop-ship accounts for North Dakota.
  3. Ask counsel whether an out-of-state wholesaler would need a North Dakota processor license; the statute does not say.
  4. If you plan to sell there later, line up pure-leaf products that test at 0.05% 7-OH or less and have no extracts.
  5. Recheck the Attorney General rulemaking and the January 2027 session before reopening the state.

Kratom.One does not accept orders shipping to North Dakota. If you sell in other states, tell us your ship-to states and we will review them before quoting.

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North Dakota kratom law FAQ

Is kratom legal in North Dakota?

Not for sale right now. HB 1628 allows licensed sales of pure-leaf kratom to adults 21 and over, but no license can issue until the Attorney General adopts rules, and the Governor's office says all sales are prohibited until then.

What is the minimum age for kratom in North Dakota?

21. Self-service displays are banned and product must be kept locked behind the counter.

What is North Dakota's 7-OH limit?

0.05% by dry weight in leaf. Above that, or over 0.05% or 1 mg per article in processed forms, 7-OH is a Schedule I controlled substance.

What license will North Dakota require?

An Attorney General license for each processor and retailer facility, with a $10,000 application fee and a $5,000 yearly renewal. Each product must also be lab tested with a COA before sale.

When can kratom sales start in North Dakota?

Only after the Attorney General adopts licensing rules. News reports said that could take months, possibly past the January 2027 session start.

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
  • Whether the Attorney General has proposed or adopted chapter 51-38 rules, and when licensed sales can begin.
  • Whether out-of-state wholesalers shipping into North Dakota need a processor license.
  • Whether adults may lawfully possess compliant pure-leaf kratom while no licenses exist.
  • The Board of Pharmacy emergency rule text, and whether it was finalized or replaced by HB 1628.
  • Whether HB 1628's Schedule I thresholds match the Board of Pharmacy rule.
  • City ordinances in Fargo, Bismarck, Grand Forks or Minot; these were not checked.

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.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Sold to businesses and adults 21 and over only. We do not ship to states or localities where sale is prohibited.