North Dakota Bans Kratom and 7-OH Under Emergency Orders as Gov. Armstrong Acts

Why it matters

North Dakota became one of the most aggressive states in banning kratom outright, classifying 7-OH as a Schedule 1 controlled substance on the same day the federal DEA scheduling took effect. Consumers, retailers, and law enforcement across the state are now navigating new criminal exposure for possession and sale.

The big picture

Gov. Kelly Armstrong acted through emergency executive action days after announcing his intent, with the North Dakota Board of Pharmacy issuing an emergency rule valid for 180 days. That triggered a full administrative rulemaking process and a special legislative session to draft permanent law. The timing mirrors the federal DEA's own emergency scheduling of 7-OH, which became effective August 5 — putting state and federal action on the same trajectory simultaneously.

Key findings

• Gov. Armstrong signed emergency rules classifying 7-OH as a Schedule 1 controlled substance in North Dakota, effective August 5, 2026
• The state's 180-day emergency rule triggers an immediate administrative rulemaking process for a permanent ban
• A special legislative session is being convened specifically to draft permanent kratom restriction legislation
• The North Dakota Attorney General issued guidance on how to dispose of kratom products to avoid criminal liability
• Police departments and prosecutors across the state are now developing enforcement procedures

What they say

The emergency rule is consistent with action announced by the federal Drug Enforcement Administration to place 7-OH and three related substances into Schedule I as of August 5. The DEA says its temporary scheduling order will remain in effect for at least two years.

Bottom line

North Dakota moved on the same day as the federal government, making kratom and 7-OH simultaneously illegal at both state and federal levels and forcing immediate changes from retailers and users across the state.