Is Kratom Legal in North Dakota? The 2026 Emergency Ban Explained
Last updated: August 26, 2026 · Written by the Kingdom Kratom team
Quick answer: No — kratom is currently banned in North Dakota. On August 5, 2026, an executive order from Governor Kelly Armstrong took effect prohibiting kratom and related products statewide, alongside an emergency Board of Pharmacy rule placing 7-OH into Schedule I. A special legislative session convening September 2, 2026 is expected to consider permanent legislation.
This is a sharp reversal — North Dakota had been a legal, unregulated market until August 2026, so most information online is now out of date. Here's the current situation.
Is kratom legal in North Dakota right now?
No. Governor Kelly Armstrong, with Attorney General Drew Wrigley, announced emergency executive actions banning kratom statewide, effective August 5, 2026, alongside a declared public health emergency. Two mechanisms are in play: the executive order prohibiting kratom and related products, and an emergency State Board of Pharmacy rule classifying 7-OH as a Schedule I controlled substance for the duration of rulemaking.
What are the penalties?
- Executive-order violations (including knowing possession of kratom products) — an infraction carrying a fine of up to $1,000.
- 7-OH products — treated under Schedule I, with correspondingly harsher penalties.
The Attorney General's office has described the initial enforcement approach as focused on notice and voluntary compliance, but the prohibition is in effect. Anyone with a specific situation should consult a North Dakota attorney.
What happens next: the September 2 special session
An executive order is a temporary instrument — the governor has called a special legislative session for September 2, 2026, where lawmakers are expected to take up permanent kratom legislation. That could confirm a full ban, narrow it to 7-OH and synthetic products (as most states have done), or adopt a regulated-market model. We'll update this page as soon as the session acts.
The federal picture (national context)
At the federal level, natural kratom leaf remains legal. The DEA's 2026 actions — the July 7-OH scheduling and the August 25 emergency Schedule I placement of MGPI, MGM-15, and MGM-16 — explicitly target concentrated and synthetic opioid products, not traditional botanical kratom. North Dakota's executive order goes much further than the federal action by reaching natural leaf as well. See our breakdown of the new federal scheduling and our 7-OH explainer.
How North Dakota compares to other states
North Dakota becomes the tenth state with a full kratom ban, joining Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Tennessee, Vermont, and Wisconsin — and it's the first to get there by executive order rather than legislation. That contrasts with the majority of 2025–2026 lawmaking, which has restricted concentrated 7-OH while keeping natural leaf legal. Compare every state on our 2026 kratom legality map.
Can you buy kratom in North Dakota?
No — kratom cannot legally be sold in North Dakota while the ban is in effect, and we do not ship there. If you believe the ban should be revisited, the American Kratom Association organizes consumer advocacy, and the September 2 special session is where the permanent decision gets made. Rhode Island reversed its ban in 2026, so change is possible.
Frequently asked questions
Is kratom legal in North Dakota in 2026?
No. An executive order banning kratom took effect August 5, 2026, alongside an emergency rule scheduling 7-OH. A special session on permanent legislation begins September 2, 2026.
Is possessing kratom a crime in North Dakota?
Knowing possession of kratom products violates the executive order and is an infraction punishable by a fine of up to $1,000; 7-OH products carry harsher Schedule I penalties.
Does the ban cover natural leaf kratom?
Yes. The executive order covers kratom and related products broadly — not just concentrated 7-OH.
Can I get kratom shipped to North Dakota?
No. Kingdom Kratom does not ship to North Dakota while the ban is in effect.
This article is general information about North Dakota law as of August 26, 2026 and is not legal advice. The legal situation is moving quickly — verify current rules before acting. Kingdom Kratom makes no health or therapeutic claims about kratom.
