North Dakota Smoke Shop Regulations

Prohibited. HB 1045 (2021) amended North Dakota's hemp law to exclude THC isomers, including delta-8; hemp-derived intoxicating cannabinoids are illegal.

Not banned — and not lawfully sellable today. The executive-order ban ended September 4, 2026: EO 2026-04.1 rescinded EO 2026-04 in its entirety. HB 1628, effective on its filing with the Secretary of State the same day, created N.D.C.C. ch. 51-38. A processor or retailer may not prepare, distribute, or sell kratom without a license from the Attorney General (51-38-02(1)), and doing so without one — including advertising it — is a class B misdemeanor (51-38-07(1)). The Attorney General may not issue any license until implementing rules are adopted (51-38-06(4)), and no rules had been adopted or proposed as of September 23, 2026. The practical effect is that there is no lawful route to retail kratom in North Dakota until the Attorney General completes rulemaking. Separately, kratom alkaloid derivatives are Schedule I under 19-03.1-05(3)(lll) — this covers any Mitragyna speciosa material above 0.05% 7-hydroxymitragynine by dry weight, plus named synthetics including mitragynine pseudoindoxyl, MGM-15 and MGM-16. Chapter 51-38 reaches only pure leaf at or below that threshold, and a licensee may not sell a product containing kratom extract (51-38-04(1)(b)). Sale to anyone under 21 is prohibited (12.1-31-03, as amended).

North Dakota Office of Attorney General

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