North Dakota replaces its month-old kratom ban with a licence law, and 7-OH-type derivatives become Schedule I

North Dakota's month-old emergency ban on kratom ended on September 4, 2026, when House Bill 1628 took effect, replacing it with a license law for leaf kratom and adding to Schedule I any kratom material containing more than five one-hundredths percent 7-hydroxymitragynine on a dry-weight basis, along with synthetic 7-hydroxymitragynine material above a threshold.

The ban EO 2026-04 imposed — barring anyone from knowingly creating, manufacturing, delivering, distributing, selling, purchasing or possessing kratom or a kratom product, effective at 5:00 p.m. on August 5, 2026 [1] — is gone. Executive Order 2026-04.1 rescinds EO 2026-04 in its entirety [2], effective immediately on the filing of the special session's bills with the secretary of state [2]. In its place, the new chapter 51-38 of the North Dakota Century Code defines kratom as pure leaf kratom containing five one-hundredths percent 7-hydroxymitragynine or less on a dry-weight basis [3], requires an attorney general license to prepare, distribute, or sell it [3], and bars sale to anyone under twenty-one [3]. Selling kratom without a license is now a class B misdemeanor [3]. The act also states that the attorney general may not issue a license under that section until rules are adopted [3]. Separately, a new subdivision of Schedule I in the Century Code now covers kratom alkaloid derivatives [3].

EO 2026-04 had declared a public health emergency over kratom on August 3 [2] and convened the special session on September 2 [1]. HB 1628 took effect on filing with the secretary of state [3], which the Legislative Assembly's bill record gives as September 4, 2026 [4].

References

1. Executive Order 2026-04 (kratom public health emergency; special session convened) — Office of the Governor of North Dakota (copy published by the North Dakota Legislative Assembly)
2. Executive Order 2026-04.1 (rescinding Executive Order 2026-04) — Office of the Governor of North Dakota
3. House Bill No. 1628, Sixty-ninth Legislative Assembly, special session (enrolled) — North Dakota Legislative Assembly
4. HB 1628 bill overview (status: signed and filed with the Secretary of State) — North Dakota Legislative Assembly