If you live in North Dakota and you have been buying kratom from a shop or online, the rules changed with almost no warning. Here is what actually happened, what the order covers, and what your options are.
What North Dakota Did
Two separate actions landed on the same day, and they do different things. That distinction matters, so it is worth laying out plainly.
| Action | What it does | Timing |
|---|---|---|
| Executive order from the governor | Declares kratom, mitragynine, and 7-OH a public health emergency and prohibits the sale and use of all kratom products statewide | Effective 5 p.m. August 5, 2026 |
| Board of Pharmacy emergency rule, signed by the governor | Classifies 7-OH as a Schedule I controlled substance | Valid 180 days, and starts a formal rulemaking process |
| Special legislative session | Convenes to address the emergency rule and consider cementing prohibition into state law | September 2, 2026 |
Announced Monday. In force Wednesday evening. That is roughly two days, and it is unusual.
Most state kratom bans arrive through a legislature, which takes months and leaves a public trail of hearings and votes. North Dakota 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.
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. North Dakota went further than that. Its order names the whole plant.
What the Order Covers
This is where people get confused, because the state and federal rules are not the same shape.
The executive order names kratom, mitragynine, and 7-OH, and prohibits the sale and use of all kratom products in the state. Not just concentrates. Not just 7-OH. All of it.
Compare 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 are notices, not the final order, and the DEA said the scheduling order would not issue before August 5.
So a federal carve-out for leaf does nothing for you in a state that did not write one. Read the rule you are actually under.
What You Should Do
Short list, no hedging.
- Follow the order. The sale and use of kratom products is prohibited in North Dakota as of August 5. We would not suggest ordering, shipping, or carrying product into the state, and we will not ship there.
- 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 September 2. The special session is where temporary becomes permanent, or does not, or changes shape.
- 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
North Dakota becomes the tenth state to prohibit kratom outright. The other nine are Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Tennessee, Vermont, and Wisconsin. Kentucky's ban is scheduled for January 1, 2027.
But 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.
And Rhode Island repealed its own kratom ban in April 2026, moving to a regulated framework instead. So if you are in North Dakota, this is worth treating as a situation to watch rather than a permanent verdict.
Frequently Asked Questions
Is kratom legal in North Dakota?
No. As of 5 p.m. on August 5, 2026, an executive order from Governor Kelly Armstrong prohibits the sale and use of all kratom products in North Dakota. A separate Board of Pharmacy emergency rule places 7-OH in Schedule I.
When did the North Dakota kratom ban take effect?
5 p.m. on Wednesday, August 5, 2026. It was announced on Monday, August 3, giving retailers and consumers about two days of notice.
Does the ban cover plain leaf kratom or only 7-OH?
The executive order names kratom, mitragynine, and 7-OH, and prohibits all kratom products. That is broader than the federal action, which targets concentrated 7-OH above a threshold and excludes botanical leaf below it.
Is the North Dakota kratom ban permanent?
Not yet. The pharmacy board rule runs 180 days, and a special legislative session convenes September 2, 2026 to consider writing the prohibition into permanent state law. Rhode Island reversed its own ban in April 2026, so these can move in both directions.
The Bottom Line
Kratom is prohibited in North Dakota as of August 5, 2026, through emergency powers rather than a bill, with the legislature taking the question up on September 2. If you are in the state, comply and watch that date. If you are somewhere it remains legal, the lesson from North Dakota is that the notice period you have been assuming may not exist.
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.
