Kratom laws in North Dakota

1. "Kratom" means pure leaf kratom that contains five one - hundredths percent of
7 - hydroxymitragynine or less on a dry weight basis.
2. "Kratom extract" means a preparation containing any part of the mitragyna
speciosa plant in a concentrated form.
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1. A processor or retailer may not prepare, distribute, or sell kratom unless the
processor or retailer holds a license issued by the attorney general.
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b. Contains kratom extract.
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2. A licensee may not distribute, advertise, or sell a kratom product to an
individual under twenty-one years of age.
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4. The attorney general shall adopt rules to administer and enforce this chapter.
The attorney general may not issue a license under section 51 - 38 - 02 until the
rules are adopted.
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1. It is a class B misdemeanor for any person to prepare, manufacture,
distribute, advertise, or sell kratom without a license.
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SECTION 8. EFFECTIVE DATE. This Act becomes effective upon its filing with
the secretary of state.
Approved September 4, 2026
Filed September 4, 2026

lll. Kratom alkaloid derivatives. Unless specifically excepted or listed in another
schedule, any kratom alkaloid derivative, including a synthetic or semisynthetic
kratom alkaloid derivative, its isomers, esters, ethers, salts, and salts of isomers.
Examples include:
(1) Methyl (E)2-((2S,3S,7aS)-3-ethyl-7a-hydroxy-8-methoxy-1,2,3,4,6,7,7a,12b-
octahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (also known as
7-hydroxymitragynine; also known as (alphaE,2S,3S,7aS,12bS)-3-ethyl-
1,2,3,4,6,7,7a,12b-octahydro-7a-hydroxy-8-methoxy-a-(methoxymethylene)-
indolo[2,3-a]quinolizine-2-acetic acid, methyl ester) above a specified
threshold described as:
(a) Any botanical material of the plant mitragyna speciosa, also known as
kratom, and contains more than five one-hundredths percent of
7-hydroxymitragynine on a dry weight basis; or
(b) Any alternative article or material to that described in subparagraph a,
that is:
[1] Resulting from synthetic methods and containing
7-hydroxymitragynine present in amounts greater than five
one-hundredths percent weight/weight, weight/volume, or
volume/volume or greater than one milligram of
7-hydroxymitragynine in the article; or
[2] Material derived from mitragyna speciosa and further processed
to manufacture alternative dosage forms such as extracts,
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concentrates, processed edibles, or pressed pills, and which may
have materials that have been exposed to chemical, thermal, or
other methods leading to chemical transformations that result in
7-hydroxymitragynine present in amounts greater than five
one-hundredths percent weight/weight, weight/volume, or
volume/volume or greater than one milligram of
7-hydroxymitragynine in the article.
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(2) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo-3',5',6',7',8',8a'-
hexahydro-2'H-spiro[indoline-2,1'-indolizine]-7'-yl)-3-methoxyacrylate (also
known as mitragynine pseudoindoxyl).

(89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672
3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-
indolizine]-7'-yl)-3-methoxyacrylate (commonly known as
mitragynine pseudoindoxyl) including its isomers, esters,
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(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673
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15; also known as dihydro-7-hydroxymitragynine) including its
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(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674
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(commonly known as MGM-16; also known as 9-fluoro-dihydro-7-
hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine

The substances [7-hydroxymitragynine] and [mitragynine
pseudoindoxyl] be controlled in schedule I [pursuant to 21 U.S.C.
811(h)] when either substance alone, or their combined amount if both
present, is:
(A) Above a specified threshold concentration, that is, greater
than 1 mg per gram (for solid powders, encapsulated material, or other
solid forms) or greater than 1 mg per milliliter (for liquid
preparations), OR
(B) The mass of mitragynine present divided by the mass of [7-
hydroxymitragynine], or [mitragynine pseudoindoxyl], or the combined
amount of [7-hydroxymitragynine] and [mitragynine pseudoindoxyl] if
both present, is less than 100.
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The temporary scheduling order will be published in the Federal
Register on or after November 13, 2026.