North Dakota – Gov. Kelly Armstrong called on North Dakota lawmakers to permanently ban kratom during his State of the State Address on Sept. 2, warning that the unregulated substance had become a public safety and public health concern.
“We are here to address a public safety and a public health issue that simply cannot wait for the regular legislative calendar to run its course,” Armstrong said. “People were overdosing and dying from a product they could buy off the shelf without any regulations or age restrictions.”
Armstrong made the remarks as lawmakers gathered for a special session of the 69th Legislative Assembly focused largely on kratom. The governor had already temporarily banned the sale, use and possession of kratom and kratom products in North Dakota through an executive order issued Aug. 3.
During his address, Armstrong asked lawmakers to go beyond regulating certain synthetic kratom products and prohibit kratom in all forms.
He also asked legislators to codify an emergency rule issued by the North Dakota Board of Pharmacy, clarify enforcement authority and establish criminal penalties involving the purchase and sale of synthetic kratom.
The governor pointed to concerns surrounding concentrated and synthetic kratom-related compounds, including 7-hydroxymitragynine, or 7-OH. The state’s emergency rule classified several kratom-related opioid-like compounds as Schedule I controlled substances.
Armstrong said that, at minimum, kratom purchases should be restricted to people 21 and older and products should be subject to truth-in-labeling requirements. However, he questioned whether labeling requirements alone would be effective without broader federal regulation.
The push for a permanent ban came as lawmakers considered several approaches to kratom. Legislative proposals included regulating natural kratom products while banning synthetic derivatives such as 7-OH, while other lawmakers supported a complete ban.
The permanent ban gained momentum during the special session. Senate Bill 2408 was amended to include both natural and synthetic forms of kratom and passed the Senate by a 46-1 vote. The measure would have permanently prohibited kratom in all forms.
However, on Friday, Sept. 4, the North Dakota House rejected the permanent ban, dealing a setback to Armstrong’s push to prohibit kratom in all its forms. The House vote prevented the Senate-backed measure from becoming law.
The House decision came on the final day of the special session, after lawmakers had spent several days debating whether kratom should be completely prohibited or instead regulated.
Armstrong had cited deaths reported in North Dakota involving kratom-related compounds and warned lawmakers that the substance presented serious public health and safety concerns. The governor also said he empathized with people struggling with kratom addiction and pointed to behavioral health and addiction recovery resources available through the state.
The House rejection means Armstrong did not get the permanent statewide ban he requested during the special session, despite the Senate’s earlier support for the measure.
The outcome leaves North Dakota’s temporary restrictions and the broader debate over how kratom should be regulated as lawmakers consider what comes next after the special session.
