On August 3, 2026, Governor Kelly Armstrong signed an executive order declaring kratom a public health emergency in North Dakota and prohibiting the sale and use of all kratom products, effective 5 p.m. on August 5. A Board of Pharmacy emergency rule placed 7-OH into Schedule I for 180 days.
We sell kava drinks, so people started asking within hours whether that touched us. The honest answer has a wrinkle that most coverage skips, and it is the one that actually matters if you are ordering.
What the Order Names
Three things: kratom, mitragynine, and 7-OH.
Kratom is the plant. Mitragynine and 7-OH are alkaloids found in its leaf. All three point at the same species, Mitragyna speciosa.
Kava is not in that list, because kava is not related to kratom in any botanical sense. It comes from the root of Piper methysticum, a South Pacific shrub in the pepper family, and its active compounds are kavalactones. Different plant, different part, different chemistry.
So far, so simple. Here is where it stops being simple.
Two Kinds of Kava Drink
This distinction is the whole article, so here it is plainly.
| What is in the bottle | Named in the ND order? | Effect |
|---|---|---|
| Pure kava. Kavalactones only, no added alkaloids. | No | Not covered by the order |
| Kava blended with mitragynine (MIT) | Yes, mitragynine is named | Covered by the order |
| Anything listing kratom or 7-OH | Yes | Covered by the order |
We make both kinds. Some of our tonics are kava-forward with no added mitragynine. Others blend kava with a measured amount of MIT, and those are made for adults 21 and over in places where MIT remains legal. North Dakota is not one of those places as of August 5.
We would rather tell you that directly than let you work it out from a shipping error.
How to Check Any Product, Ours or Otherwise
Turn the bottle around and read the ingredient panel. Not the marketing copy on the front, not the product name.
- If it lists mitragynine, MIT, kratom, or 7-OH, it contains something North Dakota named.
- If it lists only kava, kava root, or kavalactones, it does not.
- If the panel is vague about what is actually in it, that is its own answer. A product that will not tell you what it contains cannot tell you whether it is legal where you live.
That last point is worth sitting with, because it is close to the reason this whole situation exists.
Why North Dakota Acted
Not a filing error, and worth stating plainly.
The state's epidemiology office reported that kratom, 7-OH, or a related compound were part of the primary cause of death for 23 people between 2019 and June 2026. Calls to poison control there rose from seven in 2024 to 22 in 2025. Officials describing those cases kept pointing at the same conditions: concentrated product sold beside ordinary leaf, inconsistent potency, and packaging that told nobody which was which. Reporting from the North Dakota Monitor covers the data and the treatment perspective.
The federal picture is narrower. The DEA filed notices of intent on July 1, 2026 to temporarily schedule 7-OH above a set threshold, and its announcement was explicit that the action does not cover botanical kratom below that threshold. North Dakota did not adopt that logic. It named the compounds outright.
Three Things We Are Not Going to Tell You
This is where a brand in our position would normally run a promotion. We are not going to, because a state just declared a public health emergency and the reason was people dying.
We are not going to tell you pure kava is the workaround. A rule written about one set of compounds is not permission regarding another plant. Kava has its own regulatory status and its own guidance, and North Dakota residents should confirm current state rules directly rather than reasoning backward from a kratom order.
We are not going to tell you kava replaces kratom. Unrelated plants, different compounds, different experience. Anyone selling you kava as "the legal version" is telling you they do not understand either one.
We are absolutely not going to tell you kava treats withdrawal. If someone has been using kratom or a concentrated 7-OH product daily and the supply stopped with two days of notice, that is a medical situation and it deserves a clinician. North Dakota pointed residents to the DHHS crisis lifeline at 988 and the 211 information and referral helpline. That is better advice than anything we could sell you.
If you want the fuller discussion of what a legal alternative does and does not mean, we wrote it when Tennessee closed: Tennessee's kratom ban and finding a legal alternative.
Kava Has Its Own Cautions
A guide that pretended otherwise would not be worth much.
Kava has been associated in rare cases with liver effects, which is why the FDA has issued a consumer advisory about it. The National Center for Complementary and Integrative Health keeps a neutral overview worth reading before you try it. Anyone with a liver condition, or who takes medication affecting the liver, should talk with a healthcare provider first.
The rest is non-negotiable and simple. Adults 21 and over. Never with alcohol. Not while pregnant or breastfeeding. Not before driving or anything needing full alertness. Kava is enjoyed for relaxation, not as a treatment for any condition.
What Happens Next
North Dakota's special legislative session convenes September 2, 2026 to take up the emergency rule and whether prohibition becomes permanent state law. What is described here is the situation today, not a settled outcome. Rhode Island repealed its own kratom ban in April 2026 and moved to a regulated framework, so these things do move in both directions.
Frequently Asked Questions
Does North Dakota's kratom ban cover kava?
Pure kava is a different plant and is not named in the order. But the order names mitragynine, so any kava drink blended with mitragynine contains a named compound and is covered. The answer depends on the label, not the word kava.
How do I tell if a kava drink is affected?
Read the ingredient panel. If it lists mitragynine, MIT, kratom, or 7-OH, it contains something North Dakota named. If it lists only kava or kavalactones, it does not.
Is kava a replacement for kratom?
They are unrelated plants with different compounds and different effects, so one is not a swap for the other. Kava is not a treatment for withdrawal from anything, and anyone in that situation should speak with a clinician.
Is kava itself risk free?
No botanical is. The FDA has issued a consumer advisory about kava and rare liver effects. It is for adults 21 and over, not for anyone pregnant or breastfeeding, and should never be combined with alcohol.
The Bottom Line
North Dakota named kratom, mitragynine, and 7-OH. Kava is a different plant and is not on that list, but a kava drink blended with mitragynine is, because of what is in it rather than what it is called. Read the panel.
Every GudTonics blend is lab tested with the panel published on our lab results page, so you can see exactly what is in a bottle before you order. Not sure which of our drinks contain MIT, or what ships to your state? Ask us and we will tell you straight.
This article is general information about a specific state order and two botanicals. It is not legal or medical advice, and not a health claim about any product. Kava and kratom rules differ by state and city and are changing quickly, so confirm what applies where you live and consult an attorney for legal specifics. Talk to a qualified healthcare provider before using any botanical, particularly if you take medication or have liver concerns. For adults 21 and over only. Not for anyone pregnant or breastfeeding. Never combine with alcohol. If you are worried about your own substance use, the 988 Suicide and Crisis Lifeline and the 211 helpline can connect you with support. These statements have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any disease.
