North Dakota Governor Kelly Armstrong announced an emergency ban on kratom on Monday, August 3, 2026, that goes into effect on August 5, 2026, at 5:00 p.m. The governor cited both constitutional and statutory authority in Executive Order 2026-04 to declare the sale, possession, and use of kratom constitute a public health crisis and a state of emergency. This temporary ban will last 30 days and manufacture, sale, and possession of kratom carry possible fines and misdemeanor penalties. Kratom has not yet been declared a Schedule I substance in North Dakota.
Separately, the North Dakota Board of Pharmacy temporarily placed 7‑hydroxymitragynine (7-OH) on Schedule I of the controlled substances list for 180 days starting August 3. North Dakotans who manufacture, sell, or possess 7‑OH now face the same criminal penalties that apply to any Schedule I controlled substance under state law, meaning that any handling of 7‑OH is treated as a felony‑level drug offense.
The North Dakota Legislative Assembly will convene for a special session starting on September 2, 2026, to address the issue permanently.
The goal of this special session is to “consider and enact a statutory framework” to regulate or prohibit the manufacture, sale, and possession of kratom. This will include the permanent establishment of criminal penalties, moving beyond the temporary infraction status currently provided by the executive order.
“North Dakotans are overdosing and dying from a product you can buy off the shelf in a convenience store without any regulations or age requirement,” Gov. Kelly claimed in a news release.
“The addictive, dangerous, and potentially deadly nature of kratom cannot be ignored, nor can those risks be concealed by colorful packaging or marketing designed to make these products appear harmless or appealing,” said North Dakota Attorney General Drew Wrigley in the same news release. “This joint initiative is intended to accelerate public awareness of these serious health risks while advancing the legal and regulatory response necessary to protect all North Dakotans – especially our young people who are being targeted by insidious drug manufacturers.”
“Right now, it’s the Wild West when it comes to kratom and 7-OH sales in North Dakota: no regulations, no age limits, no accountability,” Gov. Armstrong said.
In 2025, North Dakota passed House Bill 1566 that directed the North Dakota Legislative Management to conduct a study during the 2025–2026 interim on kratom and possible state regulation. The study was to examine kratom use and to consider regulation of kratom manufacturing, distribution, and retail sales. As of the latest available information, North Dakota has apparently not completed the HB 1566 kratom study.