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Status verified September 17, 2026 – No legislative changes detected.
Is Kratom Legal in North Dakota?
Current Status
North Dakota Governor Kelly Armstrong issued an executive order declaring a public health emergency and banning the sale, use, and possession of all kratom and kratom products, effective August 5, 2026. This action is supported by an emergency rule classifying 7-hydroxymitragynine as a Schedule 1 controlled substance, and a special legislative session is called for September 2, 2026, to enact a permanent ban.
Kratom legality varies by state. View the interactive map for all 50 states, or see other banned states in the Related States section below.
Legislation Being Monitored
These are recent kratom-related bills we're tracking in North Dakota. They are proposals, not enacted law. Always verify bill status with the official legislature website.
House Bill 1628 — North Dakota Governor Kelly Armstrong signed House Bill 1628 on September 5, 2026. This new law bans synthetic kratom products entirely while restricting the sale of natural kratom to individuals aged 21 and older, requiring licensing, accurate labeling, and testing, replacing a temporary statewide ban implemented via executive order on August 3, 2026.
What Merchants Need to Know
- Lab testing recommended for all products
- Labeling must comply with state standards
Recent Updates for North Dakota
North Dakota Kratom Legal Status Update
| Bill | Executive Order (August 3, 2026) and North Dakota Board of Pharmacy Emergency Rule |
|---|---|
| Title | North Dakota Governor Kelly Armstrong and Attorney General Drew Wrigley announced executive actions on August 3, 2026, to address public health concerns related to kratom. An emergency rule issued by the North Dakota Board of Pharmacy and signed by the Governor classifies 7-hydroxymitragynine (7-OH) as a Schedule 1 controlled substance, valid for 180 days. Additionally, Governor Armstrong issued an executive order declaring a public health emergency, which prohibits the sale, use, and possession of all kratom and kratom products in North Dakota, effective at 5 p.m. on August 5, 2026. A special legislative session is scheduled to convene on September 2, 2026, to consider enacting this prohibition into state law and addressing enforcement authority. These actions aim to remove kratom products from shelves due to reported overdoses and the current lack of regulation within the state. |
| Status | — |
North Dakota Kratom Legal Status Update
| Bill | Executive Order (Governor's Office); Emergency Rule (ND Board of Pharmacy) |
|---|---|
| Title | North Dakota's previous status was 'LEGAL'. Governor Kelly Armstrong and Attorney General Drew Wrigley announced a ban on kratom products on August 3, 2026, effective August 5, 2026, citing public health concerns and overdose deaths. The executive order prohibits sale, use, and possession of all kratom products. Additionally, the Board of Pharmacy issued an emergency rule classifying 7-OH as a Schedule I controlled substance. A special legislative session is planned for September to consider permanent legislation. |
| Status | — |
North Dakota Kratom Legal Status Update
The North Dakota Senate recently changed a bill (HB 1566) seeking to regulate kratom into a study, meaning proposed regulations are not currently enacted, and kratom remains largely unregulated and legal.
Read more →North Dakota Kratom Legal Status Update
Despite previously being listed as 'RESTRICTED' in the database, kratom is currently legal and unregulated statewide in North Dakota. Recent legislative attempts (HB1101 and HB1566) to ban or regulate kratom have failed to pass in 2025.
Read more →North Dakota Kratom Legal Status Update
As of April 2025, legislation (LC Number 25.1127.03002) was introduced to prohibit the sale of kratom products to individuals under 21 years of age and requires the registration of kratom products.
Read more →Related States
Other states where kratom is banned
Explore more states
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