Botanical kratom remains legal at the North Carolina state level as of September 10, 2026. The pending House Bill 328 conference substitute does not schedule botanical kratom; it proposes prohibiting synthetic kratom and sale or possession by people under 21. Separately, Dare County Chapter 115 applies in unincorporated Dare County.
Current status: botanical kratom remains legal
North Carolina has not enacted a statewide ban on botanical kratom. The current House Bill 328 conference substitute does not place botanical kratom in Schedule VI. It would instead prohibit synthetic kratom and prohibit sale or possession by a person under 21. The official history shows the conference report was reported and re-referred on July 30, 2026, so it should not be described as current law.
Dare County has a separate local rule
Dare County adopted Chapter 115 in August 2026 for unincorporated Dare County. It regulates retail and online sales, including a 21+ sales rule, age verification and adult-signature delivery, product and labeling requirements, and access to a current batch- or lot-matched Certificate of Analysis.
Other pending proposals
House Bill 468 and Senate Bill 59 include separate product-regulation and under-21 provisions. They remain proposals, not enacted statewide law.
Primary sources
How to use this page
This is a dated legal-status summary, not legal advice. Recheck the official bill pages before buying, carrying, or shipping kratom in North Carolina. See the national kratom legality guide for other states and the FDA regulatory guide for federal context.
Frequently Asked Questions about kratom in North Carolina
Is kratom legal in North Carolina in 2026?
Botanical kratom remains legal at the state level as of September 10, 2026. House Bill 328 is still pending and its current conference substitute does not schedule botanical kratom.
Did North Carolina pass a Kratom Consumer Protection Act?
No. House Bill 468 and Senate Bill 59 contain separate pending product-regulation proposals, but neither should be described as enacted law.
Does Dare County have a local kratom rule?
Yes. Dare County adopted Chapter 115 in August 2026 for unincorporated Dare County. It includes a 21+ sales rule, online age verification and adult-signature delivery requirements, product and labeling standards, and batch/lot COA access requirements.
What would the current House Bill 328 proposal do?
The current conference substitute would prohibit synthetic kratom and prohibit sale or possession by a person under 21. It was reported and re-referred on July 30, 2026 and has not completed the legislative process.
Are synthetic kratom or 7-OH products regulated separately in North Carolina?
The pending House Bill 328 conference substitute would prohibit synthetic kratom, but that proposal is not current law. Check the official bill status and current text for later action.
Can vendors ship botanical kratom to North Carolina?
North Carolina does not currently impose a statewide botanical-kratom ban. Buyers and sellers should still check current state and local rules before a transaction because legislation remains active.