North Dakota governor signs new law banning synthetic kratom and placing strict restrictions on natural products
Bismrack, North Dakota – North Dakota Gov. Kelly Armstrong has signed legislation banning synthetic kratom products across the state while placing new age, licensing and labeling requirements on natural kratom.
Armstrong signed House Bill 1628 after lawmakers gave the measure final passage, bringing the Legislature’s three day special session to an end. The new law prohibits the sale, possession and use of synthetic kratom products. Natural kratom will remain legal under strict rules, including a requirement that buyers be at least 21 years old.
“This is a victory for public health and safety, keeping dangerous synthetic kratom products off the shelves and protecting our young people from the adverse and unknown long-term effects of natural kratom, which is not regulated by the FDA but will now be subject to strict state regulations,” Armstrong said. “While we preferred a total ban on kratom, we appreciate the Legislature convening in special session and working hard to pass a meaningful law that protects the well-being of our citizens. We especially want to thank Senate Majority Leader David Hogue, Sen. Michelle Axtman, Rep. Pat Heinert and Attorney General Drew Wrigley for their leadership on this issue.”
Wrigley also welcomed the legislation and pointed to increased attention surrounding kratom.
“Public awareness on this critical health issue has skyrocketed, and a meaningful ban on synthetic kratom is now the law in North Dakota,” Wrigley said. “The law also provides new and meaningful restrictions on the kratom products left unbanned for now.”
Despite the new law allowing regulated natural kratom in the future, sales of all kratom and kratom products remain prohibited in North Dakota for now. Sales cannot resume until administrative rules required under HB 1628 have been put into place.
Special session follows temporary statewide kratom ban
The legislation followed emergency action Armstrong took about a month earlier.
On Aug. 3, Armstrong issued an executive order declaring a public health emergency and calling lawmakers into a special session beginning Sept. 2. The order temporarily prohibited the sale, possession and use of all kratom and kratom products in North Dakota starting Aug. 5.
Armstrong also signed an emergency rule issued by the North Dakota Board of Pharmacy. That action classified several kratom related compounds with opioid like characteristics as Schedule 1 controlled substances. The state said the timing corresponded with action announced by the U.S. Drug Enforcement Administration in July.
HB 1628 was introduced by Rep. Pat Heinert before being amended in the Senate.
The legislation specifically targets synthetic kratom derivatives, including 7-OH. Although 7-OH occurs naturally in very small amounts in the kratom leaf, concentrated forms have been marketed separately and can produce addictive effects similar to opioids.
Other synthetic substances banned by the legislation include MGM-15, MGM-16 and mitragynine pseudoindoxyl.
Natural kratom products are treated differently under the law. Rather than imposing a complete prohibition, lawmakers established restrictions on who can purchase the products and how they can be manufactured, labeled, packaged and sold.
No natural kratom may be sold to anyone younger than 21.
Products will also be subject to truth in labeling requirements. Packaging must provide a complete ingredient list and disclose the amount of mitragynine and 7-OH contained in the product. Those amounts must be determined through testing performed by an accredited laboratory approved by the North Dakota Attorney General.
Lawmakers also placed restrictions on packaging and marketing aimed at reducing the appeal of kratom products to children.
Packaging cannot be designed to imitate candy. The legislation further states that kratom cannot be marketed “in a way that appeals to a child.”
Retailers will need annual state license
Businesses planning to sell legal kratom products will face additional oversight.
Retailers will be required to apply for an annual license through the Attorney General’s Office and pay the required licensing fee. Selling kratom without the necessary license can result in a Class B misdemeanor.
North Dakota’s approach comes as states across the country take different positions on kratom. Nine states have already banned the substance, while Kentucky is scheduled to begin its own sales ban next July.
Armstrong noted that kratom has not been approved or regulated for any use by the U.S. Food and Drug Administration.
The FDA has continued advising consumers against using kratom “because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder.”
With HB 1628 now signed, Armstrong rescinded the Aug. 3 executive order that established the temporary public health emergency. The governor determined that the emergency order was no longer necessary because the newly enacted legislation now provides a framework for regulating kratom and kratom products.
However, the end of the executive order does not mean kratom can immediately return to store shelves. All kratom sales remain prohibited while state officials develop and implement the administrative rules required by the new law.
State officials are also directing people struggling with dependence on kratom products toward available treatment and recovery services.
North Dakota’s Behavioral Health Division provides addiction recovery resources through the state Department of Health and Human Services. The state also operates eight Behavioral Health Clinics and maintains information about local treatment providers.
People experiencing a behavioral health crisis can reach counselors around the clock through the 988 hotline.
The passage of HB 1628 ultimately creates two different approaches to kratom in North Dakota. Synthetic derivatives covered by the legislation are banned, while natural products may eventually return under age restrictions, testing requirements, detailed labeling rules, packaging limits and retailer licensing requirements.
