Is MGM-16 Legal in North Dakota? (2026)

Instrument

Schedule I; kratom alkaloid derivatives

Source

https://ndlegis.gov/cencode/t19c03-1.pdf

Retrieved

2026-11-08

Fingerprint

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19-03.1-05. Schedule I.
1. The controlled substances listed in this section are included in schedule I.
2. Schedule I consists of the drugs and other substances, by whatever official name,
common or usual name, chemical name, or brand name designated, listed in this
section.

lll. 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:
(1) Methyl (E)2-((2S,3S,7aS)-3-ethyl-7a-hydroxy-8-methoxy-1,2,3,4,6,7,7a,12boctahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (also known as
7-hydroxymitragynine; also known as (alphaE,2S,3S,7aS,12bS)-3-ethyl1,2,3,4,6,7,7a,12b-octahydro-7a-hydroxy-8-methoxy-a-(methoxymethylene)indolo[2,3-a]quinolizine-2-acetic acid, methyl ester) above a specified
threshold described as:
(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) Any alternative article or material to that described in subparagraph a,
that is:
[1] Resulting
from
synthetic
methods
and
containing
7-hydroxymitragynine present 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; or
[2] Material derived from mitragyna speciosa and further processed
to manufacture alternative dosage forms such as extracts,
Page No. 8

4.

5.

concentrates, processed edibles, or pressed pills, and which may
have materials that have been exposed to chemical, thermal, or
other methods leading to chemical transformations that result in
7-hydroxymitragynine present 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) Methyl
(E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo-3',5',6',7',8',8a'hexahydro-2'H-spiro[indoline-2,1'-indolizine]-7'-yl)-3-methoxyacrylate (also
known as mitragynine pseudoindoxyl).
(3) Methyl
(E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8-methoxy1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3methoxyacrylate (also known as MGM-15; also known as dihydro7-hydroxymitragynine).
(4) Methyl
(E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a-hydroxy-8methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3methoxyacrylate (also known as MGM-16; also known as fluoro-dihydro-7hydroxymitragynine; also known as 9-fluoro derivate of dihydro7-hydroxymitragynine; also known as the 10-fluoro derivate of dihydro7-hydroxymitragynine).
(5) Methyl
(E)-2-[(2S,3S,7aS,12bS)-7a-acetyloxy-3-ethyl-8-methoxy2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2enoate (also known as 7-acetoxymitragynine).

Instrument

Regulation of kratom products

Source

https://ndlegis.gov/cencode/t51c38.pdf

Retrieved

2026-10-29

Fingerprint

a0b2a000e0a97313

51-38-01. Definitions.
As used in this chapter:
1.

"Kratom"   means   pure   leaf   kratom   that   contains   five   one-hundredths   percent   of
7-hydroxymitragynine or less on a dry weight basis.
"Kratom extract" means a preparation containing any part of the mitragyna speciosa
plant in a concentrated form.
"Kratom product" means a consumable product containing kratom.
“Processor” means a person that prepares, manufactures, distributes, wholesales, or
stores kratom products.
“Pure   leaf   kratom”   means   the   leaf   of   the   mitragyna   speciosa   plant   in   fresh,
dehydrated, ground, or dried form.
“Retailer” means a person that sells or advertises kratom products.

2.

3.
4.

5.

6.

51-38-02. Processor and retailer - License required - Qualifications - Fees.
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.

2. Qualifications for licensure established by the attorney general must include:

a.
b.

c.

d.

e.

An applicant, if an individual, must be a legal resident of the United States;
An   applicant,   if   a   corporation,   limited   liability   company,   limited   partnership,
general partnership, or limited liability partnership, must be registered with the
secretary of state;
An applicant or manager may not have been convicted of a felony offense by the
federal government or any state, a violation of subdivision d of subsection 1 of
section 19-03.1-23 or an equivalent offense by the federal government or another
state,   or,   following   any   conviction   of   any   offense,   must   be   determined   to   be
significantly rehabilitated under section 12.1-33-02.1;
An applicant’s facility or principal place of business must meet local and state
sanitation and safety requirements; and
An applicant for a retailer license may not have a financial interest in a processor
business.

The attorney general may deny the application of an applicant that:
a.
b.

Engages in fraud or deceit;
Fails to meet the qualifications for licensure under this chapter or administrative
rule; or
c.
Fails to comply with the requirements under this chapter or administrative rule.
A  separate   license   is   required   for   each   facility   or   place   of   business   operated   or
maintained by a processor or retailer.
An initial application for a processor or retailer license must be accompanied by a fee
of ten thousand dollars.
The attorney general is not required to review an application that is determined to be
incomplete.
A license issued under this section expires one year after the date of issuance unless
the  license   is   sooner   revoked   by  the  attorney  general.  A  license   may  be  renewed
annually upon payment of a renewal fee of five thousand dollars.
A license issued under this chapter is not transferable.
A processor or retailer shall prominently display the license at the facility or place of
business for which the license was issued.
The attorney general may not issue a license to a processor or retailer that does not
meet   the   requirements   for   renewal.   If   the   processor's   or   retailer’s   license   is   not
renewed, the processor or retailer shall dispose of all kratom.
An applicant or licensee may appeal a denial, suspension, or revocation of a license to
the district court of Burleigh County within thirty days after notice has been given.

3.

4.

5.

6.

7.

8.
9.

10.

11.

Page No. 1

51-38-03. Criminal history record checks.
The   attorney   general   may   require   an   applicant,   licensee,   or   agent   of   an   applicant   or
licensee to submit to a statewide and nationwide criminal history record check. A nationwide
criminal history record check must be conducted in accordance with section 12-60-24. All costs
associated with obtaining a criminal history record check are the responsibility of the applicant
or licensee.

51-38-04. Processor and retailer - Requirements - Labeling standards.
1.

A  licensee   may   not   prepare,   possess,   manufacture,   distribute,   advertise,   or   sell   a
kratom product that:
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.

b. Contains kratom extract.
c.

Imitates the appearance of a candy or confection or is designed or marketed in a
manner that appeals to a child.
Is   packaged   in   a   manner   likely   to   deceive   an   individual   of   the   safe   or
recommended serving.

d.

2.

3.

A licensee may not distribute, advertise, or sell a kratom product to an individual under
twenty-one years of age.
A licensee shall ensure each kratom product has a label that clearly and conspicuously
provides:
a.
b.
c.
d.

The name and contact information of the manufacturer or distributor;
A complete list of ingredients;
The recommended serving size;
The   amount   of   mitragynine   and   7-hydroxymitragynine   per   serving   and   per
package;
The number of servings per package;
The expiration date of the product;
Kratom   may   be   habit   forming   and   may   interact   with   medication,   drugs,   and
controlled substances;
The   product   is   not   intended   for   use   by   an   individual   who   is   pregnant,
breastfeeding, or under twenty-one years of age;
A health care provider should be consulted before use; and
The product is not approved by the federal food and drug administration and is
not intended to diagnose, treat, cure, or prevent disease.

e.
f.
g.

h.

i.
j.

4.

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.

51-38-05. Laboratory testing - Certificate of analysis.
1.

A licensee shall test a kratom product before sale to evaluate the composition of the
kratom product, including kratom alkaloids. A test result must indicate the amount of
mitragynine and 7-hydroxymitragynine in the kratom product.
Testing   must   be   conducted   by   an   accredited   laboratory   approved   by   the   attorney
general and documented by the testing laboratory in a certificate of analysis.
A licensee shall retain the certificate of analysis for each kratom product tested and
shall produce the certificate of analysis upon request by the attorney general.
The licensee shall pay all testing costs.

2.

3.

4.

51-38-06. Attorney general - Enforcement - Authority.
1.

The   attorney   general   or   the   attorney   general's   designee   may   inspect   a   licensee's
facility or place of business to determine compliance with this chapter.

Page No. 2

2.

3.

4.

A licensee that violates this chapter is subject to seizure of any kratom product that
does not comply with this chapter or administrative rule and:
a.

For   a   first   violation,   a   fine   of   ten thousand   dollars   and   suspension   of   the
processor's or retailer’s license for three days;
For a second violation, a fine of fifteen thousand dollars and suspension of the
processor's or retailer’s license for thirty days; and
For   a   third   violation,   a   fine   of   twenty-five   thousand   dollars   and   permanent
revocation of the processor's or retailer’s license.

b.

c.

A licensee may continue to possess kratom while the processor's or retailer’s license is
suspended, but may not produce, purchase, sell, or transfer kratom.
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.

51-38-07. Penalties.
1.

2.

It   is   a   class B   misdemeanor   for   any   person   to   prepare,   manufacture,   distribute,
advertise, or sell kratom without a license.
A  licensee   that   sells   a   product   in   violation   of   chapter   19-03.1   may   be   subject   to
criminal   prosecution   and   automatic   permanent   revocation   of   the   processor's   or
retailer’s license.