North DakotaRegulated, Sales Paused

House Bill 1628, signed September 4, 2026, replaced the August executive-order ban: synthetic kratom is banned and natural kratom is limited to buyers 21 and over through licensed sellers. A total ban was defeated in the House by one vote.

Regulated, Sales PausedHB 1628 signed September 4, 2026

Level: State
State: North Dakota
Action date: 4 Sep 2026
Effective date: 4 Sep 2026
Reaches: Possession, Retail Sale

Update, October 5, 2026: the Legislature passed House Bill 1628 on September 4, 2026 and Governor Kelly Armstrong signed it the same afternoon, replacing the August executive-order ban. It bans synthetic kratom products and restricts natural kratom to purchasers 21 and older, with labeling and licensed-seller requirements. The competing total ban, Senate Bill 2408, passed the Senate 46 to 1 but failed in the House 47 to 46. Officials say kratom remains unavailable until licensing rules are written, and Hudson Valley Botanicals is not shipping to North Dakota for now.

North Dakota has banned kratom statewide. On August 3, 2026, Governor Kelly Armstrong and Attorney General Drew Wrigley announced executive actions prohibiting the sale, use, and possession of all kratom and kratom products, effective 5 p.m. on Wednesday, August 5, 2026, under an executive order declaring a public health emergency. In a separate action, the North Dakota Board of Pharmacy issued an emergency rule classifying 7-hydroxymitragynine (7-OH) as a Schedule 1 controlled substance for 180 days. State officials cited 50 deaths since 2019 associated with kratom or 7-OH and the absence of any state regulation, age limit, or accountability for the category. The Governor has called a special legislative session for September 2, 2026 to write the prohibition into state law. Unlike most 2026 actions, this one reaches natural leaf and not only concentrated 7-OH. Hudson Valley Botanicals has stopped shipping to North Dakota addresses.

Governor's office on HB 1628 (opens in a new tab)

Last verified 5 Oct 2026

This page is regulatory information, not legal advice. Laws change; verify current status with the North Dakota legislature or your local authority before purchasing. Customers are responsible for knowing the rules where they live. Kratom products are not intended to diagnose, treat, cure, or prevent any disease. These statements have not been evaluated by the FDA.

SALE OF KRATOM TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW

Notice required by New York State law. Other states set their own minimum age.

Disclaimer: Kratom: FDA DISCLAIMER: The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. KRATOM DISCLAIMER: “This product is not available for shipment to the following states: Alabama, Arkansas, Indiana, Wisconsin, Connecticut, Utah, Tennessee, Kansas, North Dakota, Massachusetts; or the following counties: Sarasota County (Florida), San Diego (California), Oceanside (California), Alton (Illinois), Jerseyville (Illinois), Edwardsville County (Illinois), Columbus (Mississippi), Union County (Mississippi), Ascension (Louisiana), Franklin (Louisiana), Rapides (Louisiana)”. Our products are not for use by or sale to persons under the age of 21. WAAVE ALSO RESPECTS COMPLIANCE IN THE FOLLOWING STATES AND COUNTIES: Vermont, Louisiana. Denver CO, Washington D.C., Newport Beach CA, Malheur County, Parker & Monument (CO), Grant Parish (LA), Franklin (NH) and several other counties in Mississippi. We do not ship internationally. ID verification is required for shipments to the following states: Florida, Virginia, West Virginia, Colorado, Oregon, South Dakota, Nebraska, Kentucky, Maryland, Tennessee, Mississippi, Georgia, Rhode Island. Enhanced Kratom cannot be shipped to Tennessee and Georgia. Kratom is NOT used to treat, cure, or mitigate any disease, illness, ailment, and/or condition. Please consult your doctor before consuming any new products. Kratom has not been tested on pregnant women. Please, see the FDA alert 54-15. We make no representations as to intended use or suitability for use. This product contains chemicals known to the state of California to cause cancer, birth defects, or reproductive harm. Specifically nickel, arsenic, and lead. For more information please visit p65warnings.ca.gov. We do not ship to military bases
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