Armstrong applauds legislation banning synthetic kratom, restricting natural kratom sales to 21 and over
BISMARCK, N.D. – Gov. Kelly Armstrong today applauded North Dakota lawmakers for passing legislation that bans the sale, possession and use of synthetic kratom products and restricts the sale of natural kratom products to those ages 21 and over while also requiring accurate labeling. Armstrong said he will sign amended House Bill 1628 after it received final passage this morning, concluding the Legislature’s three-day special session.
“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.”
“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.”
The sale of all kratom and kratom products remains prohibited in North Dakota until administrative rules are implemented in accordance with HB 1628.
Armstrong issued an executive order on Aug. 3 calling lawmakers to convene Sept. 2, declaring a public health emergency and temporarily banning the sale, use and possession of all kratom and kratom products in North Dakota as of Aug. 5. He also signed an emergency rule issued by the North Dakota Board of Pharmacy classifying several kratom-related, opioid-like compounds as Schedule 1 controlled substances. The rule aligned with the timing of action announced in July by the U.S. Drug Enforcement Administration (DEA).
Introduced by Heinert and amended in the Senate, HB 1628 as approved today bans synthetic kratom derivatives including 7-OH, which is found naturally in trace amounts in the kratom leaf but is marketed in concentrated form with addictive, opioid-like effects, as well as the synthetics such as MGM-15, MGM-16 and mitragynine pseudoindoxyl.
The bill also prohibits the sale of natural kratom to individuals under age 21 and requires truth in labeling, including a complete list of ingredients that shows the product’s amount of mitragynine and 7-OH based on testing by an accredited lab approved by the North Dakota Attorney General. The product packaging cannot imitate the appearance of candy or be marketed “in a way that appeals to a child,” the bill states. Retailers of kratom will have to apply and pay for an annual license from the Attorney General’s Office. Selling kratom without a license is punishable by a Class B misdemeanor.
Nine states have banned kratom, with a ban on sales also set to take effect next July in Kentucky. Armstrong noted kratom is not regulated or approved for any use by the U.S. Food and Drug Administration, and the FDA continues to warn consumers not to use kratom “because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder.”
With the signing of HB 1628, Armstrong will rescind his Aug. 3 executive order as no longer necessary for the regulation of kratom and kratom products.
For those addicted to kratom products, the state’s Behavioral Health Division has an entire page of addiction recovery resources available at hhs.nd.gov, along with eight state-operated Behavioral Health Clinics across the state and a directory of local treatment providers. Counselors are available 24/7 at the 988 hotline for those experiencing a behavioral health crisis.
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