North Dakota Senate passes legislation regulating kratom products | WDAY Radio - AM 970 and FM 93.1
North Dakota Senate passes legislation regulating kratom products | WDAY Radio - AM 970 and FM 93.1 # North Dakota Senate passes legislation regulating kratom products - by Chris Larson - September 4, 2026 - 10:22 am - Featured Stories, Local News, News Gov.
wdayradionow.com · September 4, 2026
North Dakota Senate passes legislation regulating kratom products | WDAY Radio - AM 970 and FM 93.1
# North Dakota Senate passes legislation regulating kratom products
- by Chris Larson - September 4, 2026 - 10:22 am - Featured Stories, Local News, News
Gov. Kelly Armstrong delivers the State of the State address to a joint session of the Legislature during a special legislative session on Jan. 21, 2026. (Photo by Michael Achterling/North Dakota Monitor)
BISMARCK, N.D. – In a 46-0 vote, the North Dakota Senate passed Engrossed House Bill 1628 following extensive floor debate over regulatory structures, licensing fees, and product distinctions surrounding kratom.
A central focus of the discussion was the strict distinction between natural botanical kratom and synthetic kratom derivatives. Lawmakers considered floor amendments to incorporate language from legislation passed the previous day, which moves to classify synthetic kratom alkaloid derivatives—including substances like 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl—as Schedule I controlled substances.
Senator Michelle Axtman highlighted that the adopted amendment explicitly adds language to HB 1628 to schedule all synthetic alkaloid derivatives to ensure future synthetic compounds are captured. Under the measure, products containing synthetic extracts or exceeding the federal threshold of 0.05% 7-hydroxymitragynine by dry weight will be strictly prohibited, aligning state law with federal classifications to separate naturally occurring leaf material from synthetic, highly concentrated alternatives.
The legislation designates the state Attorney General as the primary enforcement and licensing authority for processors, retailers, and vendors of legal kratom products. Under the bill’s provisions, initial vendor licensing fees are set at $10,000, with a $5,000 annual renewal fee. Collected fees and fines will be deposited into a newly created Kratom Regulation Operating Fund.
Senator Axtman detailed additional key provisions during the session, highlighting strict labeling requirements, a prohibition on synthetic extracts, a mandatory age limit prohibiting sales to individuals under 21, and a requirement that products be kept behind retail counters. The bill also incorporates laboratory testing, certifications of analysis, and penalties for violations ranging from fines and suspensions to permanent license revocations. Furthermore, $20,000 is appropriated to the Department of Health and Human Services for a public health education campaign.
Debate on the floor centered on the practical implications of the regulatory framework:
Synthetic vs. Natural Regulation: Senator Dick Dever noted that while some lawmakers advocated for a total ban, the compromise path allows adults access to natural kratom while removing dangerous, synthesized derivatives from retail shelves. Senator Axtman confirmed the 0.05% threshold directly mirrors federal guidance to clearly separate natural leaf from processed or synthetic products.
Licensing Fees: Senator Mark Enget raised concerns regarding the financial burden on small local businesses compared to larger entities, noting, “The small guy is going to be cut out of the market, and I think that’s very unfair.” Senator Axtman noted that testimony during committee proceedings demonstrated significant profit margins for retailers of the product, justifying the serious oversight structure.
Administrative Implementation: Addressing questions about the implementation timeline raised by Senator Jeff Magrum, Senator Jerry Klein clarified that rules and licensing will proceed through standard administrative channels following concurrence and executive action. Senator Janne Myrdal reinforced confidence in the process, urging lawmakers to rely on facts rather than speculation regarding regulatory execution.
Public Health Impacts: Senator Judy Lee emphasized the broader societal and health consequences of addictive substances, encouraging colleagues to consider “what it’s costing in health and life to the individuals who have been using it, and their family members and loved ones.”
Following floor discussion, the Senate voted unanimously to adopt the measure.