Policy · 2026-09-04
North Dakota Signs Law Banning Synthetic Kratom, Sets Age 21 Limit on Natural Products
Source: Office of the Governor of North Dakota
Why it matters
The law closes a month-long sales prohibition triggered by an executive order and gives North Dakota one of the country's most detailed kratom regulatory frameworks, shaping how other states may balance safety concerns against consumer access.
The big picture
North Dakota's special session followed a wave of state-level action in 2026, as the DEA moved to schedule synthetic kratom derivatives and several states weighed outright bans following overdose reports. Gov. Armstrong had pushed for a total ban but ultimately signed a narrower measure distinguishing synthetic derivatives from natural leaf products.
Key findings
- House Bill 1628 bans the sale, possession and use of synthetic kratom derivatives, including 7-OH, MGM-15, MGM-16 and mitragynine pseudoindoxyl.
- Natural kratom sales are restricted to adults 21 and older, with mandatory testing and labeling showing exact mitragynine and 7-OH content.
- Kratom retailers must obtain an annual license from the Attorney General's Office; unlicensed sales are a Class B misdemeanor.
- All kratom sales remain prohibited in North Dakota until administrative rules implementing the law take effect.
- The law follows a three-day special session and rescinds Armstrong's Aug. 3 public health emergency executive order.
What they say
"This is a victory for public health and safety, keeping dangerous synthetic kratom products off the shelves and protecting our young people from the adverse and unknown long-term effects of natural kratom," said Gov. Kelly Armstrong.
Bottom line
**North Dakota now bans synthetic kratom outright while regulating natural kratom leaf for adults, a middle-ground model likely to influence how other states legislate the substance.**