Is Kratom Legal in North Carolina? (2026 Law)

Kratom is not listed as a controlled substance in North Carolina, and the state has no kratom age limit or sales law in force. North Carolina's Controlled Substances Act covers only substances listed in Schedules I through VI (G.S. 90-87(5)), and neither Schedule I (G.S. 90-89) nor Schedule VI (G.S. 90-94) lists kratom, mitragynine or 7-hydroxymitragynine (7-OH); H.B. 328, the bill that would add an age-21 rule and a synthetic kratom ban, has passed the Senate in conference form but is not law. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers North Carolina state law: the Controlled Substances Act definitions and schedules (G.S. 90-87, 90-88, 90-89, 90-89.1 and 90-94) and the Commission's meeting rule (10A NCAC 26F .0121), the 2025-2026 kratom bills (H.B. 328, S.B. 59 and H.B. 468), the misdemeanor sentencing ranges in G.S. 15A-1340.23 and the impaired driving statute, with one paragraph on federal law. It does not cover city or county ordinances, workplace or school policies, military rules or other states' laws.

Is kratom legal in North Carolina?

Kratom is not scheduled in North Carolina. G.S. 90-87(5) defines the term that the Act's drug offenses turn on:

"(5) "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through VI of this Article." (G.S. 90-87(5))

Schedule I (G.S. 90-89) does not name kratom, mitragynine or 7-OH. Schedule VI (G.S. 90-94(b)) lists only marijuana, tetrahydrocannabinols (with an exception for products at or under 0.3% delta-9 THC on a dry weight basis) and one repealed item. No section of the enacted General Statutes names kratom, mitragynine or 7-hydroxymitragynine.

North Carolina also has no kratom consumer law. There is no state minimum age to buy or possess kratom, no labeling or registration rule for sellers, no cap on 7-OH in a product and no kratom vape rule. The proposed G.S. 14-401.28, which H.B. 328 would create, is not part of the enacted code.

Two qualifications matter. First, the state Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (the Commission for MH/DD/SAS) can add substances to the schedules by rule under G.S. 90-88; its Schedule I rule, 10A NCAC 26F .0102, as amended effective September 1, 2026, adds stimulants, hallucinogenic substances (including synthetic tryptamines and synthetic cannabinoids) and opiates (fentanyl-related substances and nitazenes) to Schedule I, and lists no kratom compound. Second, federal law is a separate layer, covered below.

H.B. 328: the 2025-2026 kratom bill that is not law

H.B. 328 (2025 Session), titled Regulate Hemp-Derived Consumables, became the main kratom vehicle in the General Assembly. Its conference report (H328-PCCS30639-CE-1) would enact a new G.S. 14-401.28, "Possession and sale of certain kratom products prohibited." The core of the proposed section reads:

"(b) Prohibition. – All of the following are unlawful: (1) For any person to knowingly sell or deliver a synthetic kratom product to any other person. (2) For any person to knowingly possess a synthetic kratom product. (3) For any person to knowingly sell or deliver a kratom product to a person who is under 21 years of age. A person engaged in the sale of kratom products shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 21 years of age. (4) For any person who is under 21 years of age to possess a kratom product. (c) Punishment. – Any person who violates this section is guilty of a Class 2 misdemeanor." (H.B. 328 conference report, proposed G.S. 14-401.28(b)-(c))

The bill draws a line between two kinds of product, and the difference matters:

So the bill would not ban leaf-derived kratom for adults. It would ban synthetic kratom products for everyone and set an age of 21 for the rest. Proposed subsection (d) adds that nothing in the section authorizes the sale, delivery or possession of any kratom, kratom product or synthetic kratom product "that is not otherwise authorized by State or federal law."

Section 5(c) of the conference report says the new section "becomes effective July 15, 2026, and applies to offenses committed on or after that date." That date has passed without the bill becoming law, so any version that is finally enacted would carry whatever effective date the enacted text sets.

Where H.B. 328 stands

The bill's official history on the General Assembly site shows this path:

• June 17-19, 2025: A Senate committee substitute (the 4th edition) would have added kratom to Schedule VI in G.S. 90-94, effective December 1, 2025, defined as "any quantity of mitragynine or 7 hydroxymytragynine or both, extracted from the leaf of the plant Mitragyna speciosa." The Senate passed that version 35-7 on June 19, 2025.
• April 21, 2026: The House failed to concur in the Senate version, 95-18.
• June 23-25, 2026: A conference committee was appointed. Its report removed the Schedule VI entry and substituted the G.S. 14-401.28 provisions above.
• July 2, 2026: The Senate adopted the conference report, 37-6.
• July 30, 2026: In the House, the conference report was reported and then re-referred to the Committee on Rules, Calendar, and Operations of the House. That is the last action on the bill page.

The House has not adopted the conference report, and the bill has not been ratified or acted on by the Governor. Nothing in it is law unless and until it is enacted. According to the UNC School of Government's Legislative Reporting Service summary of the 2026 adjournment resolution (S.J.R. 1091), the resolution adjourns the General Assembly from August 6, 2026 to a series of short reconvened sessions ending December 18, 2026, when the 2025 Regular Session stands adjourned sine die, and limits those sessions to listed categories of business, including conference reports on bills for which both chambers appointed conferees on or before August 6, 2026.

What a Class 2 misdemeanor would mean

If the conference report's penalty is ever enacted, the range for that class is set by G.S. 15A-1340.23. A Class 2 misdemeanor carries 1 to 30 days for a person with no prior convictions, 1 to 45 days with one to four prior convictions, and 1 to 60 days with five or more. On fines, the statute provides: "Unless otherwise provided for a specific offense, the maximum fine that may be imposed is two hundred dollars ($200.00) for a Class 3 misdemeanor and one thousand dollars ($1,000) for a Class 2 misdemeanor." No North Carolina statute names a kratom offense, so none of these ranges applies to kratom by name. North Carolina does treat a "controlled substance analogue" intended for human consumption as a Schedule I substance (G.S. 90-89.1), and G.S. 90-87(5a) defines an analogue to include a substance with a depressant effect on the central nervous system substantially similar to or greater than that of a Schedule I or II substance. No statute or rule names kratom or 7-OH as an analogue, but a prosecutor could argue that the definition reaches a concentrated or semi-synthetic 7-OH product.

Other kratom bills: S.B. 59 and H.B. 468

Two other bills from the 2025-2026 General Assembly address kratom. Neither is law.

• S.B. 59. The House committee substitute would enact a new G.S. 14-313.1 making it a Class 2 misdemeanor to knowingly sell or deliver a hemp-derived consumable product or a kratom product to a person under 21, or for a person under 21 to possess either. The official digest gives fines of "$500 for a first offense, $1,000 for a second offense, and $1,500 for subsequent offenses," and says the bill would apply to offenses committed on or after December 1, 2026. Its last action is a re-referral to the House Committee on Rules, Calendar, and Operations of the House on June 10, 2026.
• H.B. 468, Regulate Kratom Products. Its third edition would bar kratom products containing "any synthetic alkaloids, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant," and products above a 7-OH limit in the alkaloid fraction. Its last action is a re-referral to the same House Rules committee on June 24, 2025. No 7-OH limit is law in North Carolina.

All three bills sit in the House Rules committee. Their bill pages, linked in the sources, show the current status.

How a federal kratom listing would reach North Carolina

North Carolina does not copy federal scheduling on its own, but the statute makes matching the default. G.S. 90-88(d) provides that if a substance is scheduled under federal law, "the Commission shall similarly control or cease control of, the substance under this Article unless the Commission objects to such inclusion," and sets the timing:

"The Commission, at its next regularly scheduled meeting that takes place 30 days after publication in the Federal Register of a final order scheduling a substance, shall determine either to adopt a rule to similarly control the substance under this Article or to object to such action." (G.S. 90-88(d))

Because the Act's offenses turn on the state's own schedules (G.S. 90-87(5)), apart from the analogue rule in G.S. 90-89.1 described above, a federal listing becomes a state-law listing only through that Commission step. The federal temporary order of August 26, 2026 (described below) does not appear in the state schedules, and whether a federal temporary order counts as a "final order" under G.S. 90-88(d) is a question of interpretation that this page takes no position on. The Commission's rule implementing that statute, 10A NCAC 26F .0121, says that any time a substance is added, deleted or rescheduled as a controlled substance, the Commission "shall meet within 180 days and either agree or object to the change." A federal listing still applies in North Carolina as federal law.

Federal kratom status

As of the October 6, 2026 eCFR, kratom leaf, mitragynine and 7-OH are not listed in 21 CFR Part 1308; a DEA temporary order effective August 26, 2026 placed three semi-synthetic compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) in Schedule I. DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold is being withdrawn: on October 9, 2026, DEA filed for public inspection a document scheduled for Federal Register publication on October 14, 2026 that states this withdrawal is made in a separate document and issues a new notice of intent (FR Doc. 2026-20943) covering 7-OH and mitragynine pseudoindoxyl when either alone, or both combined, is above a threshold (more than 1 mg per gram for solids or 1 mg per milliliter for liquids, or a mitragynine-to-7-OH or pseudoindoxyl mass ratio under 100). A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change". Neither notice is an order, and the DEA says neither new order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires (a temporary order expires after two years unless extended by up to one year) or is replaced by the new temporary orders, whichever comes first. The FDA's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food. The kratom laws by state hub covers the federal layer in full.

Driving after taking kratom

North Carolina's impaired driving statute is not limited to alcohol or listed drugs. G.S. 20-138.1(a)(1) makes it an offense to drive "while under the influence of an impairing substance," and G.S. 20-4.01(14a) defines an impairing substance to include "any other drug or psychoactive substance capable of impairing a person's physical or mental faculties." See North Carolina DUI laws for the offense levels and penalties.

Related

• Kratom laws by state
• Are magic mushrooms legal in North Carolina? Psilocybin laws
• North Carolina DUI laws
• North Carolina expungement laws

Disclaimer: This article presents general legal information about North Carolina state law as of 2026-10-11. It is not legal advice. For a specific situation, contact a lawyer licensed in North Carolina or the relevant North Carolina agency.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in North Carolina?

Kratom is not listed as a controlled substance in North Carolina. Schedules I and VI (G.S. 90-89 and 90-94) do not list kratom, mitragynine or 7-OH, and no state kratom age, labeling or 7-OH law is in force. Bills to regulate it, including H.B. 328, are not law.

Is there an age limit to buy kratom in North Carolina?

No state age limit is in force. H.B. 328's conference report and S.B. 59 would each set an age of 21 for kratom products, but neither bill has passed both chambers.

Is 7-OH illegal in North Carolina?

7-OH is not listed in North Carolina's Schedule I or Schedule VI, and no state 7-OH limit is in force. H.B. 328's conference report would ban synthetic kratom products, naming synthetic 7-hydroxymitragynine as an example, but it is a bill, not law. The state's controlled substance analogue law (G.S. 90-87(5a), 90-89.1) does not name 7-OH, but it could be argued to reach a concentrated or semi-synthetic 7-OH product.

Did North Carolina pass H.B. 328?

Not as of October 11, 2026. The Senate adopted the conference report 37-6 on July 2, 2026, and on July 30, 2026 the House re-referred it to its Committee on Rules, Calendar, and Operations of the House. The House has not adopted it and it has not been ratified.

What would the penalty be under H.B. 328?

The conference report makes each violation a Class 2 misdemeanor. Under G.S. 15A-1340.23, that class carries 1 to 30 days for a person with no prior convictions, up to 1 to 60 days with five or more, and a fine of up to $1,000 unless the offense says otherwise. No kratom-specific penalty is in force today.

Is kratom federally illegal?

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules as of the October 6, 2026 eCFR. A DEA temporary order effective August 26, 2026 covers three semi-synthetic compounds until it expires or is replaced by new temporary orders. Two DEA notices of intent are pending, one covering 7-OH and mitragynine pseudoindoxyl above a threshold and one that would keep MGM-15 and MGM-16 in Schedule I without change; neither is an order.

Would a federal kratom ban apply in North Carolina?

Federal law applies in North Carolina on its own terms. State listing is a separate step: under G.S. 90-88(d), after a final federal scheduling order the Commission for MH/DD/SAS must similarly control the substance unless it objects, deciding at a later meeting whether to adopt a matching state rule or to object.