7-OH products, a concentrated synthetic kratom derivative, are displayed at a retail store in Bismarck on Aug. 5, 2026, hours before a state ban took effect. (Photo by Michael Achterling/North Dakota Monitor)
BISMARCK, N.D. (KFGO) – North Dakota lawmakers voted unanimously Monday to advance a two-part legislative package restricting kratom to a special legislative session convening Sept. 2.
The Legislative Management committee approved proposals to outlaw synthetic derivatives of the herbal stimulant as Schedule I controlled substances while establishing regulatory oversight and age limits for natural leaf products. Both measures passed on 16-0 roll-call votes.
Under the synthetic ban sponsored by Sen. Michelle Axtman, chemical derivatives such as 7-hydroxymitragynine will be added to the state’s Schedule I controlled substances list. The measure adopts a tiered penalty structure similar to state marijuana laws—starting with an infraction for a first offense, a Class A misdemeanor for a second, and a Class C felony for subsequent offenses.
Axtman told committee members the graduated penalties aim to give young adults time to adjust to changing laws while public health campaigns roll out, rather than immediately imposing felony charges on first-time offenders.
The companion regulation bill, introduced by Rep. Pat Heinert, restricts natural leaf kratom sales to individuals 21 and older. It mandates product labeling, places retailer licensing and enforcement under the state Attorney General, and allocates $20,000 to the Department of Health and Human Services for youth public health outreach.
Competing proposals that sought to place kratom regulation under the Department of Agriculture were not brought forward for a vote. The special session was called by Gov. Kelly Armstrong following growing public health concerns over kratom-related overdoses.
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