Is Kratom (Whole Leaf / Mitragynine) Legal in North Dakota? (2026)

Rule type

permanent

Tier

state named ban

Effective

2026-08-03

Controlling language, verbatim

1. "Kratom" means pure leaf kratom that contains five one-hundredths percent of 7-hydroxymitragynine or less on a dry weight basis. [51-38-01(1)] | 1. A processor or retailer may not prepare, distribute, or sell kratom unless the processor or retailer holds a license issued by the attorney general. [51-38-02(1)] | 4. 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)] | 1. It is a class B misdemeanor for any person to prepare, manufacture, distribute, advertise, or sell kratom without a license. [51-38-07(1)] | a. Is mixed or packed with a nonkratom substance unless the nonkratom substance is an inert encapsulating agent that: (1) Is composed of food-grade or pharmaceutical-grade materials with no pharmacological activity; (2) Does not contain a psychoactive substance, stimulant, or adulterant; and (3) Serves solely to contain or deliver pure leaf kratom. [51-38-04(1)(a)] | 2. A licensee may not distribute, advertise, or sell a kratom product to an individual under twenty- one years of age. [51-38-04(2)]

Source of excerpt

Citations

1. N.D. Cent. Code 19-03.1-05 Schedule I (kratom alkaloids absent) + HB 1566 study (North Dakota Legislative Branch) PRIMARYOFFICIAL
2. N.D. Cent. Code 19-03.1-05 Schedule I (kratom alkaloids absent) + HB 1566 study (North Dakota Legislative Branch, 2026-09-22) PRIMARYOFFICIAL
3. Armstrong signs HB 1628 banning synthetic kratom, restricting natural kratom to 21+ (North Dakota Office of the Governor, 2026-09-22) PRIMARYOFFICIAL
4. HB 1628 enrolled (25.1453.07000) (North Dakota Legislative Branch, 2026-09-22) PRIMARYOFFICIAL

Change history

• 2026-09-22Status changed from legal to illegal.
• 2026-09-22Tier changed from unscheduled to state_named_ban.
• 2026-09-22Headline updated: "Illegal today, legal later. Leaf capsules are allowed under ch. 51-38 (21+, AG license, labels, lab COA, behind the counter), but selling kratom without a license is a class B misdemeanor and no license can issue until the AG adopts rules".
• 2026-09-22Effective date changed from none to 2026-08-03.

Where Kratom (Whole Leaf / Mitragynine) stands across the country

Among North Dakota's 3 neighbors, Minnesota and South Dakota are restricted; Montana is legal.

Open the interactive map · Every compound in North Dakota

Federal posture

Not federally scheduled. Kratom leaf / mitragynine not federally scheduled; DEA 7-OH re-notice (Nov 13+) reaches extracts under 100:1 mitragynine to 7-OH Federal detail

Pending deadlines

• 2026-11-13 · Federal · DEA 7-OH threshold order would reach kratom extracts under 100:1 mitragynine to 7-OH (DEA-1570 / FR 2026-20943)
  On or after Nov 13, 2026: kratom products whose mitragynine is less than 100 times their 7-OH (or 7-OH plus pseudoindoxyl), or above 1 mg/g or 1 mg/mL of those, would be Schedule I. Plain leaf and typical extracts sit above 100:1; enhanced 7-OH kratom does not. Kratom leaf and mitragynine are not scheduled.

Verbatim law on file for North Dakota

0 instruments on file for this compound's framework in North Dakota; 4 of 4 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

No verbatim law text on file for this jurisdiction yet.

Related

Kratom (Whole Leaf / Mitragynine) in neighboring states

• Kratom (Whole Leaf / Mitragynine) in Minnesota Restricted
• Kratom (Whole Leaf / Mitragynine) in Montana Legal
• Kratom (Whole Leaf / Mitragynine) in South Dakota Restricted

Kratom (Whole Leaf / Mitragynine) in other states

Same framework in North Dakota

• Mitragynine Pseudoindoxyl in North Dakota Illegal
• 7-OH (7-Hydroxymitragynine) in North Dakota Illegal
• Speciociliatine in North Dakota Illegal

Other compounds in North Dakota

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