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Is Kratom or 7-OH Legal in North Carolina? NC Kratom Ban Update (2026)

Legal · No State Kratom Law · 7-OH Not Banned

Is kratom legal in North Carolina in 2026? Yes. Kratom and 7-OH are both still legal in NC, and no statewide ban has a start date.

As of October 2026, kratom is legal to buy, possess, and use in North Carolina. Is 7-OH banned in NC? No. Neither mitragynine nor 7-hydroxymitragynine (7-OH) is on the state’s controlled substance schedules, and North Carolina has no statewide kratom age limit or product rules. Dare County is the one confirmed exception, with a local 21-and-over rule written for its unincorporated areas.

When will 7-OH be banned in NC? No date is set. House Bill 328, which would make synthetic kratom products such as concentrated 7-OH illegal to sell or possess, passed the Senate on July 2, 2026, but the House has not voted on it, and the bill has not moved since July 30, 2026. The House Speaker has said no vote will happen until after the November 2026 election.

Last reviewed: October 2026  •  Written and fact-checked by the RehabSeekers.com editorial team against primary legal sources and reviewed for clinical accuracy. See our editorial policy and accreditations & verification standards.

North Carolina came close to passing its first kratom law in 2026, but the bill stalled in the House. The Senate approved a 7-OH ban and a 21-and-over rule inside a larger hemp bill, the House declined to take it up, and the dates written into the bill have already gone by. This NC kratom ban update explains what is legal today, what House Bill 328 and Senate Bill 59 would change, how a federal 7-OH order could arrive first, and where to find free, confidential help in North Carolina if kratom or 7-OH has become hard to stop.

Is Kratom Legal in NC? What North Carolina Law Says Right Now

Kratom is legal in North Carolina because no state statute regulates it. The North Carolina Controlled Substances Act (Chapter 90, Article 5 of the General Statutes) does not list kratom, mitragynine, or 7-hydroxymitragynine in any schedule, and the General Assembly’s own staff summary of House Bill 468 describes kratom as unregulated and legal in the state. There is no state minimum age, no license, no testing or labeling rule, and no offense for possessing kratom.

Statewide status

Kratom leaf, extracts, and 7-OH products are legal to sell and possess. None is a state controlled substance.

Product rules

None in state law: no age limit, licensing, testing, labeling, or 7-OH cap.

Local status

Dare County bars sales to anyone under 21 and sales of adulterated kratom in its unincorporated areas. We found no other local rule.

Is 7-OH legal in North Carolina? Yes, as of October 2026. 7-OH tablets, shots, and gummies can be sold and possessed under state law, and you can still buy 7-OH in NC outside the area covered by Dare County’s ordinance. Three related lab-made compounds are different: mitragynine pseudoindoxyl, MGM-15, and MGM-16 have been federal Schedule I substances since August 26, 2026, which makes them illegal in every state, including North Carolina.

NC Kratom Ban Update: House Bill 328 and the 7-OH Ban

House Bill 328, titled “Regulate Hemp-Derived Consumables,” is the bill that would ban 7-OH in North Carolina. The Senate’s 2025 version would have made kratom itself a Schedule VI controlled substance, and the House refused to accept it on April 21, 2026. A conference committee then rewrote the bill. Its report, adopted by the Senate 37 to 6 on July 2, 2026, leaves natural kratom legal for adults and creates a new statute, G.S. 14-401.28, with four Class 2 misdemeanors: knowingly selling or delivering a synthetic kratom product, knowingly possessing one, knowingly selling or delivering any kratom product to a person under 21, and possessing a kratom product while under 21. The report defines a synthetic kratom product as an alkaloid, metabolite, or alkaloid derivative made by chemical synthesis or biosynthesis, and names synthetic 7-hydroxymitragynine as an example. It sets no percentage or milligram limit for 7-OH.

Passed by the Senate, not law

The House has not adopted the conference report, so nothing in House Bill 328 is in force. The report was sent to the House Rules Committee on July 30, 2026. On August 4, 2026, the House met without voting on it, and Speaker Destin Hall said one would not come until after the November election. He plans to name a group of House members to study the issue, and lawmakers are expected back in Raleigh in November. As of October 5, 2026, the General Assembly’s bill page showed no action on House Bill 328 since July 30. Describing current law, he said: “There are basically no rules.”

The kratom section was written to apply to offenses committed on or after July 15, 2026. That date passed without the bill becoming law, so any final version would need a new start date. Two other bills are also stalled in the House Rules Committee: Senate Bill 59, amended in a House committee on June 10, 2026 to bar kratom sales to anyone under 21 from December 1, 2026 if enacted and not acted on since, and House Bill 468, a kratom licensing bill that has not moved since June 24, 2025.

Is 7-OH Banned in NC? North Carolina Kratom Rules at a Glance

7-OH is not banned in North Carolina as of October 2026, and kratom is not banned either. The table sets out what state law says today next to what the pending bills would change.

ItemCurrent statusNotes
Natural kratomLegalNot a controlled substance; HB 328 would keep it legal for adults 21+
7-OH productsLegal under state lawHB 328 would make synthetic kratom products a Class 2 misdemeanor to sell or possess
Pseudoindoxyl, MGM-15, MGM-16Illegal (federal Schedule I)Federal temporary order effective Aug 26, 2026
Minimum ageNone in state lawHB 328 and SB 59 would both set 21+
Licensing, testing, labelingNot requiredHB 468 would add licensing and a 7-OH cap; stalled since June 2025
PossessionNot an offenseHB 328 would cover synthetic products and anyone under 21
Local rulesDare County only (unincorporated areas)Ordinance adopted Aug 3, 2026: 21+, no adulterated products
Statewide ban dateNone setNo House vote expected before the November 2026 election; no action on HB 328 since July 30, 2026

Dare County, on the Outer Banks, is the only North Carolina county where we confirmed a local kratom rule. Its Board of Commissioners voted unanimously on August 3, 2026 to prohibit kratom sales to anyone under 21 and sales of adulterated products, including those with synthetic alkaloids or with 7-OH above the level found naturally in the leaf. Local reporting describes a violation as a Class 3 misdemeanor with a fine of up to $500. The ordinance text published by the county is written for unincorporated Dare County, meaning the areas outside its incorporated towns, and local reporting says the ordinance materials give no formal effective date or grace period. The county’s hearing notice also refers to a kratom rule adopted by the Dare County Board of Health and Human Services, effective April 1, 2026. Plain kratom remains legal for adults there.

Where North Carolina fits nationally (approximate share of states and Washington, D.C., October 2026)

Legal, no kratom-specific state law, including North Carolina (~18 states)

 

Legal with age limits or product rules (~23)

 

Full statewide ban (10 states)

 

Approximate, October 2026; trackers count differently. Full bans: Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts (one-year emergency order), Tennessee, Vermont, and Wisconsin. House Bill 328 would move North Carolina into the middle group. See every state on our kratom bans by state page.

Federal vs. North Carolina Law: Could a Federal 7-OH Ban Come First?

A federal order could make concentrated 7-OH illegal in North Carolina before the General Assembly acts. Kratom is not scheduled under the federal Controlled Substances Act; the Drug Enforcement Administration proposed Schedule I in August 2016 and withdrew the plan that October. The Food and Drug Administration recommended scheduling 7-OH products in July 2025, and on July 6, 2026 the Drug Enforcement Administration published a notice of intent to temporarily place 7-OH above a threshold (0.050% by dry weight, or 1.00 mg per article) in Schedule I. No final order had been published as of October 5, 2026. Once one is, it applies nationwide.

Federal position

Kratom leaf is unscheduled, though the Food and Drug Administration says it cannot lawfully be sold as a drug, dietary supplement, or food additive. Mitragynine pseudoindoxyl, MGM-15, and MGM-16 have been Schedule I since August 26, 2026. A federal 7-OH order is pending.

North Carolina position

Kratom and 7-OH are legal and unregulated statewide. Under G.S. 90-88(d), when a substance is scheduled federally, a state commission must control it the same way under state law unless it objects. The three compounds scheduled federally in August were not in the most recent state Schedule I rule update we found, which was drafted before the federal order.

Can You Buy Kratom and 7-OH in North Carolina? Buying and Travel

Yes. Kratom and 7-OH are sold in North Carolina smoke shops, vape stores, and convenience stores, and state law sets no age limit, so each retailer decides its own policy. The same rules apply in Charlotte, Raleigh, Durham, and Asheville; unincorporated Dare County is the exception. No state rule requires testing or labeling, so no state agency checks strength or purity. Being legal does not make driving after use lawful: North Carolina’s impaired driving law covers any psychoactive substance capable of impairing a person (G.S. 20-4.01(14a)).

Travel needs care, because all four of North Carolina’s neighbors are stricter. Tennessee has banned kratom since July 1, 2026, and possession there is a Class A misdemeanor. Virginia allows sales to adults 21 and older and prohibits high-7-OH and synthetic products under a law effective July 1, 2026. South Carolina has limited sales to adults 21 and older and barred synthetic alkaloids since July 11, 2025; a bill to make kratom Schedule I passed its House in 2026 and stalled in the Senate. Georgia also sets the age at 21. Check the law at your destination before traveling with any kratom or 7-OH product.

The Health Picture Behind the North Carolina Kratom Debate

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, act on the brain’s opioid receptors. People commonly report stimulant-like effects at lower amounts and opioid-like or sedating effects at higher ones. Regular use can lead to physical dependence and withdrawal, which the National Institute on Drug Abuse describes as usually mild to moderate. Concentrated 7-OH is a different matter: the Food and Drug Administration says it can be more potent than morphine. About 1.7 million Americans aged 12 and older used kratom in 2021, according to the National Survey on Drug Use and Health. Governor Josh Stein has described kratom as something “people can buy in gas stations, and it’s an opioid-like drug.”

With no testing or labeling rule in North Carolina, the amount of 7-OH in a product can be hard to know. People who stop suddenly can go into withdrawal, with restlessness, muscle aches, sweating, irritability, runny nose, stomach cramps, and poor sleep, often starting within 6 to 12 hours of the last use. Dependence is a health condition, not a moral failing, and tapering or stopping with medical support is safer than stopping abruptly and alone. Read more in our guide to opioid rehab and treatment, the closest clinical match for kratom dependence.

Free North Carolina Help & Government Resources

Free, confidential help for kratom and 7-OH dependence is available across North Carolina. The lines below cost nothing to call, and asking about treatment is a health matter, not a legal one.

NC Peer Warmline

Peer support by phone, text, or chat, 24/7
1-855-733-7762

National Helpline

Substance Abuse and Mental Health Services Administration. Free & confidential, 24/7
1-800-662-4357

988 Suicide & Crisis Lifeline

24/7 crisis support statewide
Call or text 988

NC 211

United Way of North Carolina. Local treatment & support referrals, 24/7
Dial 211

NC Poison Control

Nurses & pharmacists for adverse reactions, 24/7
1-800-222-1222

Alcohol/Drug Council of North Carolina

Information & treatment referral
1-800-688-4232

The NC Peer Warmline is listed by the North Carolina Department of Health and Human Services and connects callers with people who have personal experience of mental health or substance use disorders; you do not need to be in crisis to call. Public behavioral health care is managed by four regional organizations, Alliance Health, Partners Health Management, Trillium Health Resources, and Vaya Health, each with its own crisis line in the state’s county directory. Naloxone nasal spray, which can reverse an opioid overdose, has been sold over the counter at pharmacies since 2023.

Finding Treatment for Kratom Dependence in North Carolina

No medication is approved specifically for kratom dependence. Because kratom acts on opioid receptors, clinicians often draw on the approaches used for opioid use disorder, and published case reports describe buprenorphine being used for people dependent on kratom. The right level of care depends on how long and how much you have used, and whether other substances or mental health conditions are involved. Common paths include:

Stabilizing safely

Medical detox and detox by substance programs manage withdrawal symptoms under clinical supervision during the hardest early days.

Ongoing care

Outpatient medication clinics, including those offering buprenorphine, intensive outpatient programs, and partial hospitalization programs provide treatment while you keep living at home.

For higher-intensity needs, residential rehab provides a structured, substance-free setting, while sober living homes support the move back to daily life. NC Medicaid covers substance use disorder services, and its Tailored Plans are built for people with severe substance use disorders, so cost need not be a barrier: see rehabs that take Medicaid, free rehab options, and state-funded programs.

Browse drug and alcohol rehab centers in North Carolina by city, including Charlotte, Raleigh, Greensboro, Durham, Winston-Salem, Asheville, Wilmington, Fayetteville, Greenville, High Point, and Gastonia. Neighborhood pages cover Downtown Raleigh, Glenwood South in Raleigh, SouthPark in Charlotte, and West Asheville. Near a state line, treatment in South Carolina, Virginia, or Tennessee may be closer. You can also search the full U.S. locations directory, all treatment programs, and our recovery resources.

North Carolina Kratom and 7-OH Laws: Frequently Asked Questions

Is kratom legal in North Carolina in 2026?

Yes. As of October 2026, kratom is legal to buy, possess, and use throughout North Carolina. It is not a controlled substance, and the state has no kratom age limit or product rules. Dare County has its own 21-and-over ordinance for its unincorporated areas.

Is 7-OH legal in North Carolina, or is 7-OH banned in NC?

7-OH is still legal in North Carolina as of October 2026. 7-hydroxymitragynine is not on the state’s controlled substance schedules, and the bill that would ban it, House Bill 328, has not passed the House. The bill has not moved since July 30, 2026.

When will 7-OH be banned in NC?

No date is set. House Bill 328 would ban synthetic kratom products, but the House has not voted and its Speaker has said no vote will come before the November 2026 election. The bill’s original July 15, 2026 start date has passed. A federal order scheduling concentrated 7-OH is also pending and would apply in North Carolina once published.

Did North Carolina ban 7-OH, and is NC banning it?

North Carolina has not banned 7-OH. The Senate voted 37 to 6 on July 2, 2026 for a bill that would, but a bill needs both chambers and the House has not acted. The House Speaker plans to have a group of members study the issue first.

When will kratom be banned in NC?

No ban on natural kratom is scheduled. A 2025 Senate version of House Bill 328 would have made kratom a Schedule VI controlled substance, but the 2026 compromise dropped that and would keep natural kratom legal for adults 21 and older.

Can you still buy 7-OH in NC?

Yes. 7-OH products can still be sold in North Carolina under state law. In unincorporated Dare County, a local ordinance adopted August 3, 2026 prohibits sales of products with 7-OH above naturally occurring levels and all kratom sales to anyone under 21.

What is the legal age to buy kratom in North Carolina?

State law sets no minimum age. Retailers can set their own age policy, and Dare County’s ordinance requires buyers in its unincorporated areas to be 21. House Bill 328 and Senate Bill 59 would each set a statewide age of 21 if enacted.

Are MGM-15 and mitragynine pseudoindoxyl legal in North Carolina?

No. The Drug Enforcement Administration placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in federal Schedule I by temporary order on August 26, 2026, for two years. Federal law applies in North Carolina. They were not in the most recent state Schedule I rule update we found, which was drafted before the federal order.

Can I travel with kratom from North Carolina?

Take care in every direction. Tennessee bans kratom and treats possession as a Class A misdemeanor. Virginia, South Carolina, and Georgia allow sales only to adults 21 and older, and Virginia prohibits high-7-OH products. Confirm the law wherever you are heading.

Will getting treatment for kratom get me in legal trouble?

No. Calling a helpline or entering treatment does not create a criminal record, and federal rule 42 CFR Part 2 protects substance use disorder treatment records. North Carolina’s Good Samaritan law (G.S. 90-96.2) also gives limited immunity from certain possession charges to people who seek emergency help for an overdose.

Important: This article is for general information and harm-reduction purposes and is not legal or medical advice. North Carolina’s rules may change, with House Bill 328 awaiting a House vote and a federal 7-OH order pending, and local ordinances may differ. For a specific legal question, consult a licensed North Carolina attorney; for a health decision, speak with a qualified clinician. If you or someone you know is in immediate danger, call 911.

References and Citations

  • North Carolina General Assembly. House Bill 328 (2025-2026 Session), Regulate Hemp-Derived Consumables: bill history. ncleg.gov
  • University of North Carolina School of Government, Legislative Reporting Service. Bill summaries for H 328, including the conference report of July 2, 2026. lrs.sog.unc.edu
  • North Carolina General Assembly. House Bill 328, proposed conference committee substitute (new G.S. 14-401.28). ncleg.gov
  • North Carolina General Assembly. Senate Bill 59 (2025-2026 Session), Age 21 Hemp-Derived Consumables/Kratom. ncleg.gov
  • North Carolina General Assembly. House Bill 468 (2025-2026 Session), Regulate Kratom Products. ncleg.gov
  • North Carolina General Statutes 90-88, authority to control (federal scheduling, subsection (d)). ncleg.gov
  • North Carolina General Statutes 90-89, Schedule I controlled substances. ncleg.gov
  • North Carolina General Statutes 90-96.2, drug-related overdose treatment; limited immunity. ncleg.gov
  • NC Newsline. NC House delays vote on hemp ban until November, August 4, 2026. ncnewsline.com
  • Dare County. Board of Commissioners meeting highlights, August 3, 2026. darenc.gov
  • Dare County. Proposed Chapter 115, Kratom (ordinance text published for the July 7, 2026 public hearing). darenc.gov
  • Federal Register. Notice of intent, temporary placement of 7-hydroxymitragynine above a specified threshold in Schedule I, July 6, 2026. federalregister.gov
  • Federal Register. Temporary placement of mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, August 26, 2026. federalregister.gov
  • U.S. Food and Drug Administration. FDA and Kratom. fda.gov
  • National Institute on Drug Abuse. Kratom. nida.nih.gov
  • North Carolina Department of Health and Human Services. NC Peer Warmline. ncdhhs.gov
  • North Carolina Department of Health and Human Services. Hotlines. ncdhhs.gov
  • NC Medicaid. Tailored Plans. medicaid.ncdhhs.gov
  • NC 211, United Way of North Carolina. nc211.org
  • North Carolina Poison Control. ncpoisoncontrol.org
  • Substance Abuse and Mental Health Services Administration. National Helpline. samhsa.gov