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If you live in North Dakota and you have been buying kratom from a shop or online, the rules changed twice in five weeks. First a near overnight prohibition, then a law that undid most of it. Here is what actually happened, what applies now, and what your options are.
What North Dakota Did
Three actions matter, and they do different things. That distinction is the whole story here, so it is worth laying out plainly.
| Action | What it did | Timing |
|---|---|---|
| Executive order from the governor | Declared kratom, mitragynine, and 7-OH a public health emergency and prohibited the sale and use of all kratom products statewide | Took effect 5 p.m. August 5, 2026. Rescinded following the passage of HB 1628 |
| Board of Pharmacy emergency rule, signed by the governor | Classified 7-OH as a Schedule I controlled substance | Valid 180 days from August 2026, and started a formal rulemaking process |
| House Bill 1628, passed in special session | Permanently bans synthetic kratom derivatives, including chemically manipulated 7-OH, MGM-15, MGM-16 and mitragynine pseudoindoxyl. Keeps natural leaf kratom legal for adults 21 and over, sold by retailers holding an annual license from the Attorney General's office | Signed September 4, 2026. Takes practical effect when administrative rules are implemented |
The order was announced on a Monday and in force by Wednesday evening. That is roughly two days of notice, and it is unusual. What followed is just as unusual: the legislature met a month later and chose regulation over prohibition.
Most state kratom rules arrive through a legislature, which takes months and leaves a public trail of hearings and votes. The August order did not take that route, and it is not hard to see why. Lawmakers there rejected a proposed ban on a kratom compound in 2025, then took up a regulation bill instead, then amended that into a recommendation for a study, and then the study was never pursued. Three attempts, no law. The emergency path went around all of it. The special session then did in one sitting what those three attempts could not.
Why It Happened
It would be dishonest to skip this part, so here it is straight.
According to the State Epidemiology Office, kratom, 7-OH, or a related compound called mitragynine pseudoindoxyl were part of the primary cause of death for 23 people in North Dakota between 2019 and June 2026. They were a contributing cause for one more, and present in the toxicology of 26 other cases. Calls to poison control in the state went from seven in 2024 to 22 in 2025.
Governor Armstrong put it this way: "North Dakotans are overdosing and dying from a product you can buy off the shelf in a convenience store without any regulations or age requirement."
You can think a total prohibition is the wrong tool and still take those numbers seriously. Most of the pressure on this category in 2026 has come from concentrated and synthetic 7-OH products, the tablets and shots sold at gas stations with no meaningful labeling, and anyone honest in this industry will tell you those products earned the scrutiny. The August order went further than that and named the whole plant. HB 1628 pulled it back to the synthetics, and added an age limit and a license to what remains.
What Is Covered Now
This is where people get confused, because three sets of rules are in play and they are not the same shape.
Under HB 1628, the permanent prohibition is on synthetic kratom derivatives: chemically manipulated 7-OH, MGM-15, MGM-16, and mitragynine pseudoindoxyl. Natural kratom leaf products are not banned. They are restricted, with a minimum purchase age of 21 and annual retailer licensing through the Attorney General's office.
That is the destination, not the current position. The governor's office states that the sale of all kratom and kratom products remains prohibited in North Dakota until administrative rules implementing HB 1628 are in place. So natural leaf is lawful in principle and unavailable in practice, and it stays that way until the rulemaking finishes. Nothing we have found puts a date on that.
One honest note on the executive order. The governor's office describes the August 3 order as rescinded following the bill's passage, while the American Kratom Association's release describes it as being rescinded at the point the rules take effect. We have not found anything that settles the mechanics, and for a shop or a buyer it does not change the answer today: no sales, either way.
Compare all of that to the federal action. On July 1, 2026 the DEA filed notices of intent to temporarily schedule 7-OH above a specified threshold, along with three related synthetic compounds, and was explicit that it does not cover botanical kratom containing naturally occurring 7-OH below that threshold. Those notices were published in the Federal Register on July 6, 2026, and the related comment period was extended to September 10, 2026. We have not been able to confirm whether the final temporary scheduling order has issued, so check the Federal Register rather than taking our word or anyone else's.
The federal carve-out for leaf and North Dakota's new age limit are pointing the same direction, which they were not doing in August. Read the rule you are actually under.
What You Should Do
Short list, no hedging.
- Do not buy or sell kratom in North Dakota right now. The governor's office says sales remain prohibited until the HB 1628 rules are implemented. We would not suggest ordering, shipping, or carrying product into the state, and we will not ship there until that changes.
- Read the actual text. Do not act on a headline or a forum post. The governor's office publishes its announcements at governor.nd.gov.
- Watch the rulemaking, not a date. Nobody has published a completion date. The thing to look for is the Attorney General's office opening retailer licensing, because that is the signal that compliant leaf can return to shelves.
- If you sell, expect to be licensed. HB 1628 puts annual retailer licensing with the Attorney General's office and sets the purchase age at 21. Both are new obligations that did not exist before September.
- If you are worried about your own use, there is help. The governor's office pointed residents to the DHHS crisis lifeline at 988 and the 211 information and referral helpline. That is a better call than a message board.
Where This Sits Nationally
For about a month North Dakota was the tenth state prohibiting kratom outright, alongside Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Tennessee, Vermont, and Wisconsin. It is not in that group any more. Kentucky's ban is scheduled for January 1, 2027.
The map is genuinely mixed, and it is not all one direction. The National Conference of State Legislatures counts at least 31 states plus Washington, D.C. regulating kratom in some form, and most of them chose guardrails over prohibition. Oklahoma caps 7-OH at 1% of total alkaloids and requires the alkaloid content on the label. Colorado caps it at 2% and restricts sales to 21 and older. Ohio banned synthetic kratom compounds while leaving natural leaf to separate debate. Twenty-two states have age restrictions, nineteen have labeling requirements.
Rhode Island repealed its own kratom ban in April 2026, moving to a regulated framework instead. North Dakota has now done something similar inside a single summer, which is worth remembering the next time a state moves fast. A prohibition that arrives in two days can leave nearly as quickly.
Frequently Asked Questions
Is kratom legal in North Dakota?
Not for sale right now. House Bill 1628, signed September 4, 2026, permanently bans synthetic kratom derivatives and keeps natural leaf kratom legal for adults 21 and over through licensed retailers. But the governor's office says the sale of all kratom products remains prohibited until the administrative rules under that law are in place, and no completion date has been published.
When did the North Dakota kratom ban take effect, and is it still in force?
The executive order took effect at 5 p.m. on Wednesday, August 5, 2026, announced on Monday, August 3, giving about two days of notice. It was replaced by House Bill 1628 on September 4, 2026. Sales are still paused, but under the new law rather than the order.
Does the ban cover plain leaf kratom or only synthetics?
The permanent ban under HB 1628 covers synthetic derivatives: chemically manipulated 7-OH, MGM-15, MGM-16, and mitragynine pseudoindoxyl. Natural leaf is not permanently banned, it is age restricted to 21 and over and sold only by licensed retailers. That is closer in shape to the federal action, which targets concentrated 7-OH above a threshold and excludes botanical leaf below it.
When can I buy kratom in North Dakota again?
When the administrative rules under HB 1628 are implemented and retailers are licensed. Nothing published puts a date on that. Watch for the Attorney General's office opening licensing rather than watching a calendar.
The Bottom Line
North Dakota banned all kratom in two days and then, a month later, replaced that ban with a law that permanently prohibits the synthetics and keeps natural leaf for adults 21 and over. Sales are paused in the meantime, so if you are in the state the practical answer today is still no. If you are somewhere else, the lesson is not that a fast prohibition sticks. It is that the notice period you have been assuming may not exist in either direction.
Wherever you are, the thing that separates a product worth buying from one that is not has not changed. At GRH Kratom we lab test every batch and publish the alkaloid numbers, so you can read the mitragynine and 7-OH content instead of taking a claim on faith. Check the current lab results before you order kratom powder or capsules. For background on kratom exposures generally, America's Poison Centers keeps a clinical overview.
This article is general information, not legal or medical advice. Kratom laws vary by state, county, and city and are changing quickly in 2026, and emergency orders can take effect with very little notice. Verify the current rules where you live before you buy, travel, or ship. If you are concerned about your own use of kratom or any substance, the 988 Suicide and Crisis Lifeline and the 211 helpline can connect you with support. These statements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease.
