Kratom is legal in North Dakota. Neither mitragynine nor 7-hydroxymitragynine, the plant’s two main active alkaloids, appears on the state’s controlled substance schedules, so buying, possessing, and selling kratom carry no criminal penalty under state drug law. There is also no state age limit, no labeling rule, and no retail licensing requirement. That could shift after a legislative study wraps up in 2026, and a federal recommendation targeting one of kratom’s alkaloids is moving in parallel.
Why Kratom Is Not a Controlled Substance Here
North Dakota’s Uniform Controlled Substances Act sorts prohibited drugs into five schedules, and kratom does not appear on any of them. Lawmakers tried to change that in 2025. House Bill 1101 would have added mitragynine to Schedule I, the most restrictive category. The bill failed in the House on January 15, 2025, after drawing significant opposition.1North Dakota Legislative Branch. 69th Legislative Assembly – Bills and Resolutions Index Kratom’s legal status was left unchanged.
No North Dakota city or county is known to restrict kratom beyond state law. Residents across the state can buy and use kratom without running into a municipal ban.
The 2025-2026 Study That Could Lead to Rules
A second 2025 bill took a different path. House Bill 1566 was introduced with a full regulatory framework modeled on the Kratom Consumer Protection Act that several other states have adopted. The engrossed version would have set a minimum purchase age of 21, required labels to disclose mitragynine and 7-hydroxymitragynine content, capped 7-hydroxymitragynine at two percent of total alkaloid content, barred synthetic alkaloids, and required annual retail licensing and product registration.2North Dakota Legislative Branch. Engrossed House Bill No. 1566 First Engrossment
Those provisions were stripped before passage. The version the governor signed on April 29, 2025, instead directs the legislative management to study kratom’s potential uses and the feasibility of regulation during the 2025-2026 interim, with findings and recommendations due before the 70th Legislative Assembly.3North Dakota Legislative Branch. HB 1566 – Overview The engrossed language is a strong preview of what rules could look like if the study recommends action.
Until then, nothing in state law restricts who can buy kratom or how it is labeled. Anyone can walk into a smoke shop regardless of age, and sellers face no state-imposed quality standards.
Federal Status and the FDA Push on 7-Hydroxymitragynine
Kratom is not a federally scheduled controlled substance. The DEA briefly moved toward emergency Schedule I placement in 2016 but withdrew that proposal after public backlash, and no federal scheduling of mitragynine has been finalized since.
The FDA takes a different line. It has concluded that kratom is an adulterated new dietary ingredient and an unsafe food additive, meaning it is not lawfully marketed in the United States as a drug, dietary supplement, or food ingredient.4U.S. Food and Drug Administration. FDA and Kratom The agency warns consumers about risks including liver toxicity, seizures, dependence, and respiratory depression, and it has flagged contamination incidents involving salmonella and heavy metals.
In July 2025, the FDA formally recommended that 7-hydroxymitragynine be scheduled under the Controlled Substances Act. The DEA is reviewing that recommendation, and any scheduling decision would go through public rulemaking before taking effect.5U.S. Food and Drug Administration. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers If 7-hydroxymitragynine is ultimately scheduled, products containing it could become illegal nationwide regardless of state law. Traditional kratom leaf naturally contains small amounts of this alkaloid, so the scope of any federal action matters for what stays on North Dakota shelves.
Driving After Using Kratom
Legal to possess is not the same as legal to drive on. North Dakota’s DUI statute makes it a crime to operate a vehicle while under the influence of any drug or substance to a degree that renders the driver incapable of driving safely.6North Dakota Legislative Branch. North Dakota Century Code Title 39 Chapter 08 The statute does not list specific drugs; it reaches anything that impairs driving, whether that substance is legal or not. A legally prescribed medication can support an affirmative defense, but over-the-counter kratom does not qualify.
At higher doses, kratom produces sedation and slowed reaction times. A driver stopped after consuming kratom could face the same DUI penalties as a driver impaired by alcohol.
Crossing State Lines With Kratom
Kratom’s status changes quickly at North Dakota’s borders.
- Montana: legal, but regulated as of January 1, 2026. Montana’s Kratom Consumer Protection Act requires product registration and retailer licensing and limits sales to people 21 and older.
- South Dakota: legal. A 2026 bill that would have made possession and sale a Class 2 misdemeanor failed in the state Senate on a 13-20 vote.7South Dakota Legislature. 2026 South Dakota Legislature Senate Bill 77
- Minnesota: legal and currently unregulated, though legislation setting a minimum purchase age of 21 has been introduced in the 2025-2026 session.
Several states farther afield, including Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin, have banned kratom outright. Checking the law at your destination before traveling with kratom is worth the two minutes.
Buying Kratom Without State Rules
Because no state agency tests kratom products, verifies label accuracy, or holds sellers to quality standards, the burden of vetting a product sits with the buyer. The FDA has documented kratom contaminated with salmonella, heavy metals, and in some cases other controlled drugs.4U.S. Food and Drug Administration. FDA and Kratom
A few habits reduce that risk. Look for vendors who publish third-party lab results covering alkaloid content, heavy metals, pesticides, and microbial contamination. Products that list specific mitragynine and 7-hydroxymitragynine percentages are at least meeting the standards regulated states require. Be cautious with vague ingredient lists and with marketing that suggests medical benefits, since the FDA has not approved kratom for any medical use and has taken enforcement action against sellers making health claims.
If the 2025-2026 study results in regulation along the lines of the engrossed HB 1566, North Dakota buyers would eventually see enforceable labeling, a ban on synthetic alkaloids, and a cap on 7-hydroxymitragynine concentration.2North Dakota Legislative Branch. Engrossed House Bill No. 1566 First Engrossment Until that happens, the vetting is on you.