Members of the North Dakota House of Representatives participate in a special session of the Legislature on Sept. 4, 2026. (Photo by Michael Achterling/North Dakota Monitor)
BISMARCK, N.D. (North Dakota Monitor) – North Dakota’s Legislature passed a bill Friday to allow but regulate natural kratom and ban synthetic products.
Lawmakers stopped short of completely banning all kratom, but state officials said it will remain unavailable in North Dakota until the new regulations are implemented.
The votes ended a three-day special session Republican Gov. Kelly Armstrong called last month to address kratom, which he said is unregulated and unsafe. He signed the bill Friday afternoon.
“We got 90% of what we wanted,” Armstrong told reporters in his office.
He also rescinded his August executive order that temporarily banned all kratom products. He said he might try again for a total ban in legislation in the regular session which begins in January.
The bill signing caps a special session on a topic that was on few people’s radar last month, leading to a whirlwind of hearings, public testimony and votes.
The governor has tied overdoses and deaths to kratom and synthetic products, which state officials have said were readily available at gas stations and smoke shops. Armstrong said his temporary ban, the special session and an emergency state pharmaceutical rule aligned with a July move by the U.S. Drug Enforcement Administration to temporarily ban a synthetic called 7-OH and related compounds.
House Bill 1628, brought by Rep. Pat Heinert, R-Bismarck, will take effect once it is filed with the secretary of state, but the availability of natural kratom, which some people use for pain relief, is expected to be months away and not before the 2027 Legislature convenes in January. More kratom bills are expected at that time.
Heinert said the most important thing was to ban synthetic kratom products “because it’s not good for our people.”
“Setting up guardrails and a process for people who use pure kratom is a step forward,” the former Burleigh County sheriff added.
Senate Bill 2408, to permanently ban all kratom, narrowly failed in the House Friday after passing the Senate in a 46-1 vote the day before. House opponents said the total ban did not have a proper hearing and left out key voices from the process, including members of the public who use kratom for pain relief.
Shortly afterward, the Senate amended a ban on synthetic derivatives into House Bill 1628, which would allow but strictly regulate pure-leaf kratom for people 21 and older, and passed the bill in a unanimous vote.
The House approved the amended version Friday and passed it in a 91-2 vote, sending it to Armstrong’s desk.
After it becomes law, the next steps include Attorney General Drew Wrigley’s office writing and adopting rules for licensing of retailers.
The costs of the bill are somewhat unclear because of the time involved to fully implement it. That might take six months, said Senate Majority Leader David Hogue, R-Minot. Lawmakers beginning in January will deliberate the next two-year budget of the attorney general.
A cost estimate of the bill figured it would bring in $7 million of revenue from 700 retailers paying a $10,000 application fee, with up to $2.5 million of expenditures in the next two years, including as many as nine full-time employees for retailer inspections, background checks, testing and other work. The special session did not add new employees.
Armstrong said natural kratom needed “truth in labeling” because it was readily available with “no real, verifiable, scientific data.”
“People who are buying this stuff need to know that what they’re buying is what it says it is, and nobody knows that right now,” he said.
Armstrong said he feels for people who take natural kratom for pain relief, but not at the expense of parents who said their children became addicted and died due to the substance, he said.
“I think we owe it just from a straight consumer protection standpoint. People should know that what they’re buying is what the package says it is,” the governor said.
In a text message, Wrigley said his office will follow state rulemaking processes, which he said typically takes months.
“It’s important to know that Kratom remains banned in all of its forms until such time as the administrative process contained in the bill that was passed today has been completed,” he said.
Sen. Jeff Magrum, R-Hazelton, who has used natural-leaf kratom for back pain, wondered about a timeline on the rules and the attorney general potentially slow-walking that process.
“This could just be in limbo for a long time until next session,” Magrum said.
The bill also includes licensing and labeling requirements, lab testing of kratom products’ composition, enforcement authority for the attorney general, penalties for retailers and underage violations and $20,000 for a kratom public health campaign.
Labeling requirements include a complete list of ingredients, the recommended serving size, number of servings per package and various health disclaimers. Kratom products also cannot have candylike appearances.
Synthetic kratom derivatives would be classified as controlled substances on the same level as LSD and heroin.
Criminal penalties for ingestion and possession of synthetic products would rise in severity with repeated offenses, starting at an infraction – punishable by up to a $1,000 fine – and going all the way up to a class C felony for three or more possession offenses, punishable by up to five years in prison and a $10,000 fine.
Property tax bill
During the special session that was called to address kratom, legislators also discussed some other topics. Lawmakers debated whether to undo action they took on property taxes in the January special session, but a unanimous House vote Friday kept the current system in place.
Lawmakers in January were attempting to fix an issue with people who pay their property taxes early and receive a 5% discount. The issue emerged after the Legislature expanded the primary residence tax credit to $1,600 in 2025.
The Legislature in January changed when the discount is applied, but it created problems for the counties as they prepare property tax bills. Testimony this week indicated that counties could make the current situation work.
Sen. Dean Rummel, R-Dickinson, sponsor of Senate Bill 2405, said the issue will almost certainly come up during the regular legislative session that starts in January, when lawmakers have more time to work out a better solution.
This story was updated with additional reporting.
Reach North Dakota Monitor reporter Jack Dura at jdura@northdakotamonitor.com
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