INFORUM · April Baumgarten · September 4, 2026
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
BISMARCK -- North Dakota lawmakers passed a kratom regulation bill after the Senate narrowly killed a blanket ban in a special session.
Senate Bill 2408 failed in the House on Friday, Sept. 4, in a 46-47 vote. The bill would have criminalized both synthetic and natural kratom.
The Senate amended and unanimously passed House Bill 1628, a kratom regulation bill to include a synthetic products ban. The bill includes a 21-year-old purchasing restriction, labeling requirements and an over-the-counter clause that requires licensed seller assistance to access kratom products.
The House then passed that bill 91-2. HB 1628 will go to Gov. Kelly Armstrong's desk, where he will decide whether to sign the legislation into law or veto it.
Armstrong called the special session last month and asked lawmakers to ban all kratom products. A 30-day ban he implemented through executive order expires Friday, Sept. 4
Natural kratom has been used to manage pain. A psychoactive ingredient, 7-hydroxymitragynine (7-OH), found in trace amounts in the natural leaf substance is manufactured in large quantities to make synthetic pills and other products. Synthetic kratom can cause opioid-like side effects, according to the U.S. Drug Enforcement Administration.
All forms of kratom were widely available in gas stations and smoke shops without age restrictions.
Lawmakers agreed synthetic products should be banned, but they debated whether to outlaw natural kratom.
"To put a full ban in place without matching our citizens' needs is irresponsible," said Rep. Kathy Frelich, R-Devils Lake. "As it stands now, we are leaving people in a situation that is unbearable."
Initially, SB 2408 only banned synthetic products. A legislative policy committee amended that bill to include a blanket ban on kratom.
"At its core, it is a full ban on kratom and synthetic products," said Rep. Austin Foss, D-Fargo.
Kratom is highly addictive and dangerous, but it's marketed as a natural substance, Foss said.
HB 1628 sets licensing and testing requirements that the North Dakota Attorney General's Office estimated would cost nearly $4 million, but Foss said the true cost is unknown. North Dakota can't guarantee what is in kratom products matches the label, and state agencies would have to constantly monitor kratom to make sure synthetics are not mixed in, he said.
Health professionals and residents advocated for a full ban, saying kratom caused overdoses and severe withdrawal symptoms when they quit it.
"By doing the full ban, we are helping people," said Rep. Donald Longmuir, R-Stanley.
Some House members, including Frelich, chastised the process by which the ban was added to SB 2408. People who use natural kratom responsibly didn't have a voice, she said.
"There was no reason for them to show up or testify as a full ban was not on the table," she said.
Others noted alcohol and other legal substances have killed more people than kratom but the Legislature isn't trying to ban those products. Outlawing kratom would turn responsible users into criminals, said Rep. Daniel Johnston, R-Kathryn.
"Do not criminalize the leaf and our citizens," he said.
People who don't live with chronic pain don't understand the value of natural kratom, said Rep. Eric Murphy, R-Grand Forks. He claimed natural kratom keeps people alive.
He also said he doesn't like that the governor told lawmakers to vote for the ban.
"This is the legislative branch of government," Murphy said. "We have a responsibility to the people who elected us, not to the governor."
If Armstrong signs HB 1628, the ban on synthetic products would go into effect immediately. Natural kratom won't be available until rules surrounding licensing are written and implemented.
The House also unanimously failed a property tax bill that would have revoked legislation passed during a January special session. Legislators in January passed a law that required a 5% discount to be applied before the $1,600 tax credit for primary homes.
The change couldn't be programmed to produce accurate tax reports, said Sen. Dean Rummel, R-Dickinson. Lawmakers said Rummel's proposed legislation for this special session, Senate Bill 2405, would complicate report generation months before they are produced for the tax season.
Senate Bill 2407 also passed both legislative chambers and is pending Armstrong's signature. The legislation releases $15 million in matching grants for a halted military museum, plus provides a $20 million loan.
Construction on the $78 million museum near the North Dakota Heritage Center stopped in July after the project ran out of money. The State Historical Society was supposed to raise half of the funds while the state paid for the other half, but private donations only totaled about $4 million.
The North Dakota Legislature will return in January for its 2027 regular session.