North Dakota Enacts Emergency Kratom Ban, Special Legislative Session Looms

Bismarck, ND – August 13, 2026 – North Dakota has implemented an immediate, statewide ban on all kratom products, effective August 5, 2026, following executive actions by Governor Kelly Armstrong and Attorney General Drew Wrigley. The emergency measures, announced on August 3rd, cite growing public health concerns, including a rise in calls to poison control and a number of kratom-associated deaths within the state. A special legislative session is scheduled for September 2nd to consider making the prohibition permanent and codifying related regulations into state law.

The ban was enacted through an executive order declaring a public health emergency, which prohibits the sale, use, and possession of all kratom products for a period of 30 days. Concurrently, the North Dakota Board of Pharmacy issued an emergency rule classifying 7-hydroxymitragynine (7-OH), a compound found in kratom, as a Schedule I controlled substance, akin to heroin and LSD. This rule remains valid for 180 days and initiates a formal rulemaking process. Prior to these actions, kratom was largely unregulated in North Dakota, with no age restrictions on its purchase. State officials reported that kratom-related calls to North Dakota's Poison Control significantly increased, tripling from seven in 2024 to 22 in 2025. Furthermore, 50 deaths associated with kratom or its derivatives have been reported in the state since 2019, with 23 cases listing it as a primary cause.

Why This Matters to Kratom Merchants and Consumers

For kratom merchants, the North Dakota ban serves as a stark reminder of the dynamic and often unpredictable regulatory landscape surrounding the botanical. Businesses operating nationally or regionally must immediately cease all sales and shipments of kratom products into North Dakota to avoid severe penalties, which currently include fines up to $1,000 for selling, possessing, or using kratom. These penalties could escalate significantly if the ban is codified into permanent law during the upcoming special session. Consumers in North Dakota will find themselves without legal access to kratom and face potential legal repercussions for possession.

Compliance Implications and High-Risk Merchant Guidance

This development underscores a critical trend: states are increasingly taking swift, often emergency-based, action on kratom. While some legislative efforts focus on regulating kratom through measures like the Kratom Consumer Protection Act (KCPA), North Dakota's approach highlights a proactive move towards outright prohibition, particularly targeting synthetic or highly concentrated derivatives like 7-OH. This dual focus necessitates vigilance from merchants regarding both natural kratom and its various compounds.

For high-risk merchants in the kratom industry, stringent compliance with evolving state and local regulations is paramount. This includes:

Certificates of Analysis (COAs) and Lab Testing: Robust, third-party lab testing is no longer optional but a fundamental requirement. COAs must verify the absence of contaminants (heavy metals, pesticides, microbes) and accurately detail alkaloid profiles, including specific levels of mitragynine and 7-hydroxymitragynine. This is crucial for demonstrating product safety and purity, especially when jurisdictions are concerned about "unregulated" or "dangerous" products.
Regulatory Compliance: Merchants must maintain an up-to-date understanding of kratom's legal status in every state and locality where they operate or ship. This requires continuous monitoring of legislative sessions, emergency orders, and controlled substance schedules. Implementing geo-fencing for online sales and robust age verification systems are essential components of responsible commerce.
Documentation and Due Diligence: Meticulous record-keeping of product sourcing, manufacturing processes, lab testing results, and sales data is vital. This documentation can be critical in demonstrating due diligence and defending against legal challenges or allegations of non-compliance.

The North Dakota ban, with its emergency nature and upcoming special session, reinforces the necessity for kratom businesses to prioritize transparency, product safety, and strict adherence to a fragmented and rapidly changing regulatory environment.