Is Kratom Legal in North Dakota? (2026 Law, 7-OH and Age 21)

North Dakota does not list leaf kratom or mitragynine by name in its drug schedules, but since September 2026 it places "kratom alkaloid derivatives" in Schedule I, including 7-hydroxymitragynine (7-OH) above a 0.05 percent or 1 milligram threshold (N.D.C.C. 19-03.1-05(3)(lll), added by HB 1628). The same act sets the age limit at 21 and lets only an Attorney General licensee sell pure leaf kratom, but the Attorney General may not issue a license until it adopts rules, so the statute leaves no licensed way to sell kratom until that happens. 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 Dakota state law on kratom and its alkaloids as the official sources read on October 11, 2026: the Uniform Controlled Substances Act (N.D.C.C. chapter 19-03.1), the kratom licensing chapter (N.D.C.C. chapter 51-38) and age rule (N.D.C.C. 12.1-31-03) enacted by HB 1628 in the September 2026 special session, the penalty classes (N.D.C.C. 12.1-32-01), the Board of Pharmacy scheduling rule (N.D. Admin. Code 61-13-01-03), Executive Order 2026-04, the DUI statute and one paragraph on federal law. It does not cover tribal law, city or county ordinances, Attorney General rules adopted after that date, employer or school policies, or other states' laws.

Is kratom legal in North Dakota?

It depends on what the product is. North Dakota now treats kratom in three layers: some kratom compounds are Schedule I controlled substances, ordinary leaf kratom is a licensed product for adults 21 and older, and kratom extract may not be sold by licensees at all. This page reflects the statutes, rules and orders as published on October 11, 2026. The Board of Pharmacy, the Attorney General and the Legislature can all act after that date, so check the official sources linked below for anything newer.

Mitragynine is the leaf's main alkaloid. North Dakota's Schedules I through V (N.D.C.C. 19-03.1-05 to 19-03.1-13) and the Board of Pharmacy's scheduling rule (N.D. Admin. Code ch. 61-13-01) do not name it; the word appears there only inside the names "7-hydroxymitragynine" and "mitragynine pseudoindoxyl." A 2025 bill to list mitragynine in Schedule I, HB 1101, failed in the House on January 15, 2025, according to the Legislature's bill index. The controlled-substances chapter also reaches a "controlled substance analog," a separately defined term; mitragynine is not listed, but whether a particular unlisted compound could be charged as an analog would turn on that definition.

Which kratom compounds are Schedule I?

HB 1628 section 3 added subdivision lll to the Schedule I "opiates" subsection, N.D.C.C. 19-03.1-05(3). It begins:

"Kratom alkaloid derivatives. Unless specifically excepted or listed in another schedule, any kratom alkaloid derivative, including a synthetic or semisynthetic kratom alkaloid derivative, its isomers, esters, ethers, salts, and salts of isomers. Examples include: ..."

The listed examples are:

1. 7-hydroxymitragynine "above a specified threshold," meaning (a) "any botanical material of the plant mitragyna speciosa, also known as kratom, and contains more than five one-hundredths percent of 7-hydroxymitragynine on a dry weight basis," or (b) another article or material, either made by synthetic methods or derived from the plant and "further processed to manufacture alternative dosage forms such as extracts, concentrates, processed edibles, or pressed pills," that contains 7-OH "in amounts greater than five one-hundredths percent weight/weight, weight/volume, or volume/volume or greater than one milligram of 7-hydroxymitragynine in the article."
2. Mitragynine pseudoindoxyl.
3. MGM-15 (dihydro-7-hydroxymitragynine).
4. MGM-16.
5. 7-acetoxymitragynine.

The subdivision covers "any kratom alkaloid derivative" and calls the five compounds examples, so its words are not limited to that list. Leaf material above the 0.05 percent 7-OH line falls within the 7-OH example, and it is also outside chapter 51-38's definition of lawful "kratom," which stops at 0.05 percent.

Age limit: 21

HB 1628 section 2 added kratom to N.D.C.C. 12.1-31-03, the same section that covers tobacco and nicotine sales to young people. In that section "kratom" carries the chapter 51-38 meaning, pure leaf kratom with 0.05 percent 7-OH or less.

• Selling or supplying: "It is an infraction for any person to sell or furnish to an individual under twenty-one years of age, or procure for an individual under twenty-one years of age," kratom (subsection 1(a)).
• Displays: it is also an infraction for any person to "display or offer for sale" kratom "through a self-service display" (subsection 1(b)), except a vending machine permitted under 12.1-31-03.1 or a self-service display in a tobacco specialty store.
• Buying, possessing or using under 21: it is "a noncriminal offense for an individual eighteen years of age or older but under twenty-one years of age, and an infraction for an individual fourteen years of age or older but under eighteen years of age, to purchase, possess, smoke, or use" kratom (subsection 2).
• Licensed sellers: "A licensee may not distribute, advertise, or sell a kratom product to an individual under twenty-one years of age" (N.D.C.C. 51-38-04(2)).

An infraction carries a maximum fine of $1,000 under N.D.C.C. 12.1-32-01, but a person with at least two prior convictions for the same infraction within the year before the offense may be sentenced as for a class B misdemeanor.

A city or county may adopt an ordinance with prohibitions beyond these on use of kratom by people under 21 (N.D.C.C. 12.1-31-03(5)); state law still applies everywhere.

Who may sell kratom: the Attorney General license

Chapter 51-38, enacted by HB 1628 section 6, defines "kratom" as "pure leaf kratom that contains five one-hundredths percent of 7-hydroxymitragynine or less on a dry weight basis" (N.D.C.C. 51-38-01(1)). Section 51-38-02(1) then provides that "a processor or retailer may not prepare, distribute, or sell kratom unless the processor or retailer holds a license issued by the attorney general."

• Fees: an initial application costs $10,000, and a license "may be renewed annually upon payment of a renewal fee of five thousand dollars" (51-38-02(5), (7)).
• No licenses before rules: "The attorney general shall adopt rules to administer and enforce this chapter. The attorney general may not issue a license under section 51-38-02 until the rules are adopted" (51-38-06(4)).
• Banned products: a licensee may not prepare, possess, manufacture, distribute, advertise or sell a kratom product that "contains kratom extract" or that "imitates the appearance of a candy or confection or is designed or marketed in a manner that appeals to a child," among other restrictions in 51-38-04(1).
• Storage: "A licensee shall store and lock all kratom products behind a sales counter in a manner that prevents consumer access without the assistance of an employee" (51-38-04(4)).
• Inspections: the Attorney General or a designee may inspect a licensee's facility or place of business (51-38-06(1)).

The Governor's September 4, 2026 release put it this way: "The sale of all kratom and kratom products remains prohibited in North Dakota until administrative rules are implemented in accordance with HB 1628." Attorney General rules adopted after October 11, 2026 are outside this page.

Penalties for kratom offenses in North Dakota

The class ranges come from N.D.C.C. 12.1-32-01: a class A felony carries up to 20 years and a $20,000 fine; a class B felony up to 10 years and $20,000; a class C felony up to 5 years and $10,000; a class A misdemeanor up to 360 days and $3,000; a class B misdemeanor up to 30 days and $1,500; and an infraction a fine of up to $1,000.

Possession. Section 19-03.1-23(7)(e) provides: "A person who violates this subsection by possessing a kratom alkaloid derivative is guilty of an infraction for a first offense, a class A misdemeanor for a second offense, or a class C felony for a third or subsequent offense." HB 1628 also wrote kratom alkaloid derivatives out of two harsher possession rules that apply to other drugs: the general second-offense felony in 19-03.1-23(7)(b) applies to "a second or subsequent offense not related to marijuana, tetrahydrocannabinol, or a kratom alkaloid derivative," and the class B felony for possession on school property in 19-03.1-23(7)(c) does not apply when "the offense involves marijuana, tetrahydrocannabinol, or a kratom alkaloid derivative."

Sale, manufacture and intent to deliver. Section 19-03.1-23(1) makes it unlawful "to willfully ... manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance." It grades a Schedule I or II "narcotic drug" as a class B felony under (1)(a) and "any other controlled substance classified in schedule I, II, or III, or a controlled substance analog, except marijuana or tetrahydrocannabinol" as a class B felony under (1)(b). HB 1628 did not amend subsection 1, which has no kratom-specific exception, so on its text making or selling a kratom alkaloid derivative can be charged as a class B felony under either branch. No North Dakota court decision applying it to kratom derivatives is cited here. The chapter defines "manufacture" to include the "production, preparation, propagation, compounding, conversion, or processing of a controlled substance," but not "the preparation or compounding of a controlled substance by an individual for the individual's own use" (19-03.1-01(16)); possession under subsection 7 can still apply. Preparing or manufacturing leaf kratom without a license can be charged under 51-38-07(1).

Prior delivery convictions. Under 19-03.1-23(5), a prior adult conviction for an equivalent manufacture, delivery or intent-to-deliver offense under North Dakota, another state's or federal law "must be considered a prior offense under subsection 1," and "the prior offense must be alleged in the complaint, information, or indictment." Subsection 1 itself sets the same class B felony for a first or a repeat offense, and the chapter's former mandatory-terms section, 19-03.1-23.2 ("Mandatory terms of imprisonment - Deferred or suspended sentence limited"), was "Repealed by S.L. 2019, ch. 187."

Aggravating factors. Section 19-03.1-23.1 raises a section 19-03.1-23 offense by one class (a class B felony becomes a class A felony, a class C felony becomes a class B felony, and a class A misdemeanor becomes a class C felony) in five situations. Two concern location:

• the offense "was committed during a school sponsored activity or was committed during the hours of six a.m. to ten p.m. if school is in session," involved manufacture, delivery or possession with intent "in, on, or within three hundred feet" of a preschool, a public or private elementary or secondary school, or a public career and technical education school, "the defendant was at least twenty-one years of age at the time of the offense, and the offense involved the delivery of a controlled substance to a minor" (all of those elements together); or
• the offense involved manufacture, delivery or possession with intent of a controlled substance "other than marijuana or tetrahydrocannabinol, in, on, or within three hundred feet" of a public park.

The section's quantity factor in subsection 1(c) names amounts of heroin, cocaine, PCP, LSD, a fentanyl analog, methamphetamine, MDMA, GHB and flunitrazepam; it names no kratom compound.

The section also applies when "the defendant had a firearm in the defendant's actual possession at the time of the offense" (19-03.1-23.1(1)(d)), which reaches possession as well as delivery: a second-offense derivative possession (a class A misdemeanor) becomes a class C felony, a third (a class C felony) becomes a class B felony, and a delivery becomes a class A felony. Subsection 2 raises only class B felonies, class C felonies and class A misdemeanors, so a first-offense derivative possession, an infraction, is not raised.

The last factor, (1)(e), applies when the defendant sells, distributes, delivers or conspires to deliver a controlled substance to an individual "which results in the death of the individual due to the use of that controlled substance and the death of the individual would not have occurred in the absence of the defendant's conduct," which raises a class B felony delivery to a class A felony; it does not apply to a person immune under 19-03.1-23.4.

Death or injury. Under 19-03.1-22.6, a person who willfully delivers a controlled substance, or supplies another to deliver or consume one, is guilty of a class A felony if "an individual dies or is injured from overdosing after consuming a portion of that controlled substance." For that section, "controlled substance" "includes derivatives or analogs to a scheduled controlled substance."

Minors. An adult who "solicits, induces, intimidates, employs, hires, or uses" a person under 18 to aid in manufacturing or delivering a controlled substance for payment commits a class B felony (19-03.1-23(4)). Knowingly or intentionally causing or permitting a child to be exposed to, ingest or inhale, or have contact with a controlled substance is a class C felony, rising to a class B felony if the child suffers bodily injury and a class A felony if the child dies (19-03.1-22.2).

Licensees. For a licensee that violates chapter 51-38, the Attorney General may seize noncompliant product and impose "a fine of ten thousand dollars and suspension of the processor's or retailer's license for three days" for a first violation, $15,000 and a 30-day suspension for a second, and $25,000 with "permanent revocation" for a third (N.D.C.C. 51-38-06(2)). A suspended licensee "may continue to possess kratom" but "may not produce, purchase, sell, or transfer kratom." A licensee that sells a product in violation of chapter 19-03.1 "may be subject to criminal prosecution and automatic permanent revocation" of its license (51-38-07(2)).

Adults with leaf kratom. The chapter 51-38 offense covers preparing, manufacturing, distributing, advertising or selling without a license; possession is not among the acts it names, and the age rule in 12.1-31-03 reaches possession only by people under 21.

Overdose immunity. Section 19-03.1-23.4 gives immunity from prosecution under 19-03.1-22.3, subsection 7 of 19-03.1-23 and several other sections to a person who "in good faith ... seeks medical assistance for another individual in need of emergency medical assistance due to a drug overdose," if that person "remained on the scene until assistance arrived" and "cooperated with the medical treatment," and the overdosed person "must have been in a condition a layperson would reasonably believe to be a drug overdose requiring immediate medical assistance." Neither that person nor the person who overdosed may be charged with those offenses or "for the sharing of controlled substances among those present."

The Board of Pharmacy emergency rule

Before the Legislature acted, the State Board of Pharmacy placed the same five compounds in Schedule I by rule. N.D. Admin. Code 61-13-01-03(2) provides that "the following substances are hereby placed in schedule I of the Controlled Substances Act, subsection 3 of North Dakota Century Code section 19-03.1-05, opiates," listing 7-OH (with the same 0.05 percent and 1 milligram thresholds), mitragynine pseudoindoxyl, MGM-15, MGM-16 and 7-acetoxymitragynine. The rule's history line reads "amended effective ... August 5, 2026," and the Board's notice states: "These rules are emergency rules with an effective date of August 5th, 2026 at 5:00PM." The notice set a public hearing for 10:00 a.m. CDT on September 17, 2026, with written comments due September 27, 2026.

An emergency rule of this kind does not last indefinitely. Under N.D.C.C. 28-32-03(6), "an interim final rule is ineffective one hundred eighty days after its declared effective date unless first adopted as a final rule." Counting 180 days from August 5, 2026 gives on or about February 1, 2027. Whether the Board adopted a final rule after the September hearing is not reflected on this page. Because HB 1628 now lists the same compounds in the statute itself, their Schedule I status under 19-03.1-05(3)(lll) does not depend on the rule.

North Dakota also has a clause that follows federal scheduling. Under N.D.C.C. 19-03.1-02(4), "if any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the board, the board shall similarly control the substance under this chapter after the expiration of thirty days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling, or deleting a substance, unless within that thirty-day period, the board objects to inclusion, rescheduling, or deletion." The clause speaks of a "final order"; a federal notice of intent is not an order.

Recent changes: 2025 and 2026

Executive Order 2026-04 declared a public health emergency and said that, "effective at 5:00 p.m. on August 5, 2026, a person may not knowingly or intentionally create, manufacture, deliver, distribute, sell, purchase, or possess kratom or a kratom product," with a willful violation an infraction under N.D.C.C. 37-17.1-05(8). It also called the Legislature into the special session that passed HB 1628. The Governor's release says the order was rescinded when he signed HB 1628 on September 4, 2026, so it is not current law.

Section 8 of the enrolled act provides: "This Act becomes effective upon its filing with the secretary of state." The bill overview reads "Governor Signed on 09/04" and "Filed with Secretary Of State 09/04." Under the North Dakota Constitution, "Every law enacted by a special session of the legislative assembly takes effect on a date specified in the Act" (art. IV, sec. 13), so HB 1628 took effect on its September 4, 2026 filing.

Federal kratom status in October 2026

As of the October 6, 2026 text of 21 CFR 1308.11, kratom leaf, mitragynine and 7-OH are not listed in the federal schedules. A DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026; North Dakota already lists all three in its own statute. DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold is being withdrawn in a separate document, according to a new notice of intent (FR Doc. 2026-20943) filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, in which DEA proposes to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either alone, or both combined, exceed 1 mg per gram (solids) or 1 mg per milliliter (liquids), or when the mass of mitragynine divided by that amount is less than 100. That proposed federal threshold is worded differently from North Dakota's 0.05 percent and 1 milligram test. 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 says kratom is not lawfully marketed as a dietary supplement or a food additive, and it "has warned consumers not to use kratom because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD)."

Driving after taking kratom

N.D.C.C. 39-08-01(1)(a)(3) makes it an offense to drive while "under the influence of any drug or substance or combination of drugs or substances to a degree which renders that person incapable of safely driving." That clause is not limited to scheduled drugs. The section's only numeric (per se) branch is an alcohol-concentration limit; it sets no per se or any-amount level for any drug. For penalties and testing, see our guide to North Dakota DUI laws.

Records

A misdemeanor or felony conviction under these sections creates a criminal record. For whether a North Dakota record can be sealed, see North Dakota expungement laws.

Related

• Kratom laws by state
• North Dakota DUI laws
• North Dakota expungement laws
• North Dakota psilocybin mushroom laws

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

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in North Dakota?

North Dakota's schedules do not list leaf kratom or mitragynine by name, but 7-OH above a threshold and other kratom alkaloid derivatives are Schedule I under N.D.C.C. 19-03.1-05(3)(lll). Leaf kratom may be sold only by an Attorney General licensee to buyers 21 and older, and no license may issue until the Attorney General adopts rules.

Is 7-OH illegal in North Dakota?

Yes, above a threshold. HB 1628 lists 7-hydroxymitragynine in Schedule I when botanical kratom material contains more than 0.05 percent 7-OH by dry weight, or another article contains more than 0.05 percent or more than 1 milligram of 7-OH (N.D.C.C. 19-03.1-05(3)(lll)).

Can stores sell kratom in North Dakota right now?

Chapter 51-38 lets only an Attorney General licensee prepare, distribute or sell kratom, and section 51-38-06(4) says the Attorney General may not issue a license until it adopts rules. The Governor's office said on September 4, 2026 that sale of all kratom remains prohibited until those rules are implemented.

What is the kratom age limit in North Dakota?

21. Under N.D.C.C. 12.1-31-03, selling or furnishing kratom to anyone under 21 is an infraction, and buying, possessing or using it is a noncriminal offense for ages 18 to 20 and an infraction for ages 14 to 17.

What is the penalty for possessing 7-OH in North Dakota?

Possessing a kratom alkaloid derivative such as 7-OH above the threshold is an infraction for a first offense, a class A misdemeanor for a second and a class C felony for a third or later (N.D.C.C. 19-03.1-23(7)(e)). Having a firearm in actual possession raises a second offense to a class C felony and a third to a class B felony (N.D.C.C. 19-03.1-23.1(1)(d)). Selling it or possessing it with intent to deliver is a class B felony under 19-03.1-23(1).

Is the North Dakota executive order kratom ban still in effect?

No. The Governor's office said Executive Order 2026-04 was rescinded when he signed HB 1628 on September 4, 2026. HB 1628 now governs.

Can you get a DUI for kratom in North Dakota?

N.D.C.C. 39-08-01(1)(a)(3) covers driving under the influence of any drug or substance to a degree that renders the person incapable of safely driving, which is not limited to scheduled drugs. The section's only numeric limit is the alcohol-concentration branch; it sets no drug level.