Kratom Laws in North Dakota

How North Dakota law treats kratom, from the state code and official state agencies.

Short answer: Plant kratom is legal for adults 21 and older but treated like tobacco: selling or furnishing kratom to anyone under 21 is an infraction, and buying, possessing or using it is a noncriminal offense for ages 18-20 and an infraction for ages 14-17. N.D.C.C. 12.1-31-03(1)-(2); 19-03.1-05 (Schedule I, kratom alkaloid derivatives); 19-03.1-22.3(3); 19-03.1-23(7)(e)

Kratom	Plant kratom is legal for adults 21 and older but treated like tobacco: selling or furnishing kratom to anyone under 21 is an infraction, and buying, possessing or using it is a noncriminal offense for ages 18-20 and an infraction for ages 14-17. Concentrated 'kratom alkaloid derivatives' are Schedule I controlled substances: kratom plant material with more than 0.05 percent 7-hydroxymitragynine by dry weight, and synthetic or processed products (extracts, concentrates, edibles, pressed pills) with more than 0.05 percent or more than one milligram of 7-hydroxymitragynine. Possessing a kratom alkaloid derivative is an infraction for a first offense, a Class A misdemeanor for a second and a Class C felony for a third or later; ingesting one is an infraction for a first offense and a Class A misdemeanor after that. Age-21 sales rule: https://www.ndlegis.gov/cencode/t12-1c31.pdf . Class A felony up to 20 years and/or $20,000; Class B felony up to 10 years and/or $20,000; Class C felony up to 5 years and/or $10,000; Class A misdemeanor up to 360 days and/or $3,000; Class B misdemeanor up to 30 days and/or $1,500; infraction a fine of up to $1,000 (no jail). Source: N.D.C.C. 12.1-31-03(1)-(2); 19-03.1-05 (Schedule I, kratom alkaloid derivatives); 19-03.1-22.3(3); 19-03.1-23(7)(e)

Kratom

Plant kratom is legal for adults 21 and older but treated like tobacco: selling or furnishing kratom to anyone under 21 is an infraction, and buying, possessing or using it is a noncriminal offense for ages 18-20 and an infraction for ages 14-17. Concentrated 'kratom alkaloid derivatives' are Schedule I controlled substances: kratom plant material with more than 0.05 percent 7-hydroxymitragynine by dry weight, and synthetic or processed products (extracts, concentrates, edibles, pressed pills) with more than 0.05 percent or more than one milligram of 7-hydroxymitragynine. Possessing a kratom alkaloid derivative is an infraction for a first offense, a Class A misdemeanor for a second and a Class C felony for a third or later; ingesting one is an infraction for a first offense and a Class A misdemeanor after that.

Age-21 sales rule: https://www.ndlegis.gov/cencode/t12-1c31.pdf . Class A felony up to 20 years and/or $20,000; Class B felony up to 10 years and/or $20,000; Class C felony up to 5 years and/or $10,000; Class A misdemeanor up to 360 days and/or $3,000; Class B misdemeanor up to 30 days and/or $1,500; infraction a fine of up to $1,000 (no jail).

Source: N.D.C.C. 12.1-31-03(1)-(2); 19-03.1-05 (Schedule I, kratom alkaloid derivatives); 19-03.1-22.3(3); 19-03.1-23(7)(e)

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FAQ

Is kratom legal in North Dakota?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.