| Kratom legal status | Regulated (sales paused) |
| Kava legal status | Legal |
| CBD / hemp products | Legal (hemp-derived) |
| Psilocybin status | Prohibited |
As of October 2026, North Dakota regulates kratom but all sales are paused: HB 1628, passed in special session and signed on 4 September 2026, restricts natural kratom to adults 21 and older, bans synthetic and 7-OH derivatives, and requires lab-tested labels and an annual Attorney General retailer license, and the sale of all kratom and kratom products remains prohibited in North Dakota until administrative rules are implemented under HB 1628 (Office of the Governor of North Dakota). Executive Order 2026-04, which banned kratom from 5 August 2026, was rescinded. Federally, kratom remains unscheduled by the DEA but has been the subject of FDA import alerts and warning letters; the FDA does not approve kratom for any therapeutic use. As of October 2026, no federal action schedules the natural kratom leaf, but DEA published a temporary order placing three potent 7-OH-related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) in Schedule I on 26 August 2026, and on 14 October 2026 gave notice that it intends to temporarily schedule 7-hydroxymitragynine above a threshold recommended by HHS (Federal Register). Verify current licensing status with the North Dakota Attorney General before any sale.
Kava (Piper methysticum) is legal for sale and consumption in North Dakota with no statewide scheduling or sales restrictions. Kava bars (commercial kava-serving establishments) operate in many US states. The FDA issued a 2002 consumer advisory about potential hepatotoxicity associated with kava use; subsequent research has generally found risk concentrated in poor-quality preparations, but the advisory remains in place and informs the regulatory posture. North Dakota may apply general dietary-supplement and food-safety rules to kava products.
Following the 2018 Farm Bill, hemp-derived CBD (cannabidiol from Cannabis sativa containing 0.3% delta-9 THC or less) is federally legal and may be sold in North Dakota subject to FDA dietary-supplement and food-additive rules and the state's industrial hemp program. Congress has since rewritten the federal definition of hemp (P.L. 119-37, enacted 12 November 2025): from 11 December 2026 a finished hemp product may hold no more than 0.4 mg total THC per container, and products with cannabinoids the plant cannot make lose hemp status on 12 November 2026 (Congressional Research Service). North Dakota may impose specific labeling, testing, or retail registration requirements on CBD products. Delta-8 THC, Delta-10 THC, and other "hemp-derived" cannabinoid isomers exist in a gray zone: federally permitted by some 2018 Farm Bill readings but increasingly restricted at state level. Verify the current North Dakota Department of Agriculture hemp program rules and any state-specific cannabinoid restrictions.
Psilocybin and psilocin remain DEA Schedule I controlled substances federally and are prohibited under North Dakota controlled-substance law. Sale, possession, and use carry criminal penalties under North Dakota statute. Some US municipalities have decriminalized possession through local-priority resolutions (Denver, Oakland, Santa Cruz, Seattle, Detroit, and others) but municipal decriminalization does not change state or federal scheduling. Verify any North Dakota city-level decriminalization status separately.
Federal law sets the nationwide minimum age for tobacco and nicotine products at 21 (Tobacco 21, 2019). Beyond tobacco/nicotine, US supplement age-restriction is patchwork: dietary supplements under DSHEA generally lack statutory minimum-purchase age at the federal level. North Dakota does not impose a statewide minimum age for dietary supplement purchase beyond the federal tobacco/nicotine floor. Local municipalities may impose additional age restrictions on specific products (energy drinks, CBD, supplements with stimulant labels). Verify locally before retail operations.
Dietary supplements sold in North Dakota are subject to FDA labeling rules under the Dietary Supplement Health and Education Act (DSHEA, 1994), requiring Supplement Facts panel, ingredient list, "dietary supplement" identifier, manufacturer/packer/distributor name and address, and the FDA structure-function claim disclaimer where applicable. North Dakota may impose additional state-specific labeling, testing, or licensing requirements for high-risk categories (kratom, CBD, kava, sports supplements). Verify current rules with the North Dakota Department of Agriculture and Board of Pharmacy.
Once you understand North Dakota's legal framework for a supplement, the next question is the underlying evidence and risk profile. See our deep guides on supplement-cardiac safety, plus per-compound guides for ashwagandha, turmeric, and other commonly-asked supplements via our article index.
Not for sale yet. As of October 2026, North Dakota's HB 1628 (signed 4 September 2026) restricts natural kratom to adults 21 and older and bans synthetic and 7-OH derivatives, but the sale of all kratom and kratom products remains prohibited until the state's licensing rules are in place (Office of the Governor of North Dakota). Verify current status with the North Dakota Attorney General.
Yes. Following the 2018 Farm Bill, hemp-derived CBD (with delta-9 THC ≤ 0.3%) is legal for sale in North Dakota subject to FDA dietary-supplement and food-additive rules. From 11 December 2026, the federal hemp definition (P.L. 119-37) also caps a finished hemp product at 0.4 mg total THC per container. Verify state-specific labeling, testing, and retail-registration requirements. Hemp-derived intoxicating cannabinoid isomers (Delta-8 THC, Delta-10 THC) sit in a gray zone, increasingly restricted at state level even where standard CBD is permitted.
Psilocybin remains DEA Schedule I federally. North Dakota prohibits sale, possession, and use of psilocybin under state controlled-substance law. Some US municipalities have decriminalized possession; verify local status separately.
Federal law sets a nationwide minimum age of 21 for tobacco and nicotine products. Beyond tobacco/nicotine, US dietary supplements under DSHEA generally lack statutory minimum-purchase age federally. Local municipalities may impose additional age restrictions on specific products (energy drinks, supplements with stimulant labels).
Claims about what a supplement or treatment does are only as good as the evidence behind them, and the sources below are the primary public ones. They are linked so a reader can check any statement here against the underlying research rather than taking this page's word for it.
This page summarises published evidence. It is not medical advice, and a reader's own clinician decides what applies to them.