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North Dakota House kills total ban on kratom, complicating special session

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North Dakota House kills total ban on kratom, complicating special session

Sep 04, 2026 | 10:24 am ET
By Jack Dura
North Dakota House kills total ban on kratom, complicating special session
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A kratom sign hangs in the window of a Bismarck store on July 30, 2026. (Photo by Michael Achterling/North Dakota Monitor)

The North Dakota House on Friday killed a bill that would permanently ban all kratom, complicating what the Legislature will do about the substance the governor called a special session to address.

Senate Bill 2408, brought by Sen. Michelle Axtman, R-Bismarck, failed with 47 members opposed and 46 members in favor of the bill. It passed the Senate Thursday in a 46-1 vote.

In the House debate, supporters said a total ban is necessary to address what they called a dangerous, addictive drug. Opponents said the total ban did not have a proper hearing and left out key voices from the process, including members of the public who use kratom for pain relief.

Kratom bills clear first votes in North Dakota Legislature

The bill would have classified kratom alkaloids and synthetic derivatives controlled substances on the same level as LSD and heroin, with criminal penalties for possession and ingestion starting an infraction – punishable by up to a $1,000 fine – all the way up to a class C felony for three or more possession offenses, which could bring up a five years in prison and a $10,000 fine.

The Senate had yet to vote on House Bill 1628 to allow but strictly regulate pure-leaf kratom for people 21 and older. The House on Thursday passed that bill, brought by Rep. Pat Heinert, R-Bismarck, in an 86-6 vote. Senate members could add amendments to the House bill.

Gov. Kelly Armstrong, who called the special session last month, urged the Legislature on Wednesday to permanently ban kratom “in all its forms.” 

This story was updated to correct the House vote total. Check back for updates.

Reach North Dakota Monitor reporter Jack Dura at [email protected]