Is kratom currently legal in North Dakota? The quick answer is yes. Kratom is legal in North Dakota as of early 2026.
The long answer? While kratom is legal, there are no product standards in place in the state. North Dakota has not yet implemented any regulatory framework to oversee kratom product quality or safety.
Find out more below about North Dakota’s latest actions to manage kratom sales in the state, as well as tips for how to get kratom in ND safely despite the lack of regulations.
Is Kratom Regulated in North Dakota in 2026?
No, there are no regulations for kratom in North Dakota.
North Dakota has not set any state mandates for how manufacturers and retailers must label and sell kratom, or what age you have to be to buy kratom in North Dakota.
However, kratom policy is actively under review.
North Dakota legislators introduced a bill to regulate kratom in 2025, but the regulations did not pass. Instead, lawmakers removed proposed rules and passed a bill requiring a legislative study of kratom, so kratom’s legal status remains unchanged in ND for now.
New Kratom Law in North Dakota Passed in 2025
In January of 2025, Representative Daniel Johnston and five other North Dakota representatives introduced House Bill 1566 to regulate kratom.
The version of HB 1566 that ultimately passed does not regulate kratom at all. Instead, it simply directs Legislative Management to:
- Conduct a formal study on kratom
- Review health, safety, and enforcement concerns
- Report findings to a future legislative session
The legislative management would perform this study during the 2025-2026 interim period, before North Dakota’s next legislative session starts in 2027.
Why Were Regulations Removed from the 2025 North Dakota Kratom Bill?
The original version of the bill contained pretty standard kratom consumer protection language. If it had passed, it would have added manufacturing and sale requirements such as:
- Requiring product testing and labeling with precautionary statements
- Restricting adulterated or synthetic kratom products
- Prohibiting the sale of kratom to minors
- Creating a licensure system for manufacturers
- Setting penalties for breaking the law
But during the legislative process, the regulatory language was stripped out.
According to reporting by the North Dakota Monitor, the North Dakota Senate (in particular, Senator Jeff Magrum, who has personally tried kratom on a few occasions) rejected regulation in favor of reviewing more data on kratom first.
Do Legislators Want to Make Kratom Illegal in North Dakota?
Yes, some legislators have tried to make kratom illegal in North Dakota.
In addition to HB 1566, lawmakers also considered House Bill 1101 in 2025. This bill would have created an act to amend the North Dakota list of controlled substances.
House Bill 1101 proposed amending North Dakota’s controlled substances list by adding the following to the list of prohibited opiates:
“Mitragynine (also known as 7-hydroxymitragynine and kratom)”
The wording of this bill was deeply flawed. Here’s why:
- Mitragynine, 7-hydroxymitragynine, and kratom are not synonymous. Kratom is a botanical product containing dozens of compounds
- Mitragynine and 7-hydroxymitragynine are two separate compounds that occur in kratom leaves
- None of these substance are opiates. True opiates are derived from the opium poppy. (This mistake was also made in Arkansas.)
Drug scheduling is one of the most serious exercises of state power. When legislators propose felony-level restrictions for a substance using imprecise and inconsistent language in a bill, it signals that they lack any real understanding of the substance and are instead making assumptions based on limited information.
Luckily, the ban attempt quickly failed.
- HB 1101 did not advance out of the legislative process
- North Dakota did not schedule or criminalize kratom
- There are no penalties for selling or possessing kratom
Still, this outcome reinforces that North Dakota legislators may still be divided on kratom, with no consensus for either prohibition or regulation.
Could Kratom Become Illegal in North Dakota Later?
It’s possible that North Dakota legislators will make another ban attempt in a future legislative session, but nothing is pending right now.
Hopefully, the study requested via HB 1566 will lead legislators to enact common-sense regulations for kratom in North Dakota in the near future.
How to Get Kratom Safely in ND Despite the Lack of Regulations
Since North Dakota has not established quality control laws for kratom, it’s up to each consumer to shop carefully. To reduce your risk of buying contaminated or mislabeled products:
- Look for confirmation of independent lab testing for potential contaminants and product strength. This should be put on a product’s label or on the brand’s website.
- Avoid products with labels that don’t clearly list the strength, serving size, instructions for use, and ingredients.
- Check for age verification and safety warnings. These are usually signs that a company is taking consumer protection seriously. (Brands and retailers that label their products with statements like “use at your own risk” or “consumer assumes all responsibility for use of this product” tend to be less trustworthy.)
Stick to brands that follow good manufacturing and sales practices across the board, whether or not the states they’re selling their products in require it.
Until North Dakota enacts and enforces its own standards for kratom products, taking these steps can help ensure you’re getting a safe, high-quality product.
Key Takeaways on Kratom Legality in North Dakota in 2026
Is kratom legal in North Dakota? Yes. North Dakota did not enact any kratom bans or regulations in 2025 or prior years.
Key Takeaways on Kratom Legality in North Dakota in 2026
Is kratom legal in North Dakota? Yes. North Dakota did not enact any kratom bans or regulations in 2025 or prior years.
There are no state-specific requirements for how to test or label products (though companies must still follow federal requirements for testing and labeling foods and dietary supplements).
→ That means consumers should be cautious when buying kratom in North Dakota, because officials in the state are not overseeing how manufacturers and retailers are making and selling kratom products.
Get more information about kratom laws in the US and beyond.
