Public, lawmakers debate kratom regulation versus full ban in North Dakota

A ban on natural kratom appeared to gain momentum Tuesday after members of the public urged North Dakota lawmakers to do more than regulate the substance.

The testimony to a legislative policy committee included the medical industry’s concerns, parents’ stories, and a former addict of other drugs who thinks kratom should be banned entirely. A special session will begin Wednesday to address kratom and other topics.

Carla Couture, a candidate for Williams County Commission who has advocated for a complete ban on kratom in local communities, said she has watched her son become addicted to kratom and shared the impact it has had on her family. Couture pushed lawmakers to ban all kratom. 

“Our family learned the hard way that legal does not necessarily mean safe, and natural doesn’t necessarily mean harmless,” Couture said. “It all needs to be off our shelves, every single one of them.”

North Dakota Legislature prepares for second special session this year

In Killdeer, patients using kratom and 7-OH, a synthetic derivative, make up one-fourth of the patients at Coal Country Community Health Center’s medication-assisted treatment program, said Cassandra Altringer, a family nurse practitioner. She told lawmakers she’s asked gas stations and the Dunn County Commission to keep those products off of shelves.

“I’m at a point already where I’m spending every day of the week treating people that are addicted to natural kratom,” Altringer told lawmakers, asking for a full kratom ban. 

Dozens of people, from across North Dakota and elsewhere in the country, submitted written testimony. Some urged lawmakers to consider how kratom has helped them manage chronic pain or maintain sobriety from illegal drugs such as heroin. 

Jessica Sabo of Langdon said she uses kratom but couldn’t justify a 10-hour round trip to testify in person.

“As a conservative North Dakotan, I believe in personal responsibility and appropriate safeguards,” Sabo said in written testimony. “I do not believe responsible adults managing chronic pain should be treated as criminals because some companies manufactured and irresponsibly marketed dangerous concentrated products.”

Lawmakers suggested a complete ban of all kratom products in North Dakota remains on the table and will likely be discussed Wednesday when the special session officially starts. 

“I would imagine that tomorrow we’re going to have some conversation about a total ban,” said Sen. Dick Dever, R-Bismarck. “I think there is some resistance to that from some people that feel we cannot gather the information in three days to determine that we should ban it.”

Lawmakers seemed to agree there needs to be some action over the next few days, whether that means the proposed regulation of natural kratom that is on the table, or asking the governor to extend a temporary ban on kratom until next year’s regular legislative session. 

The legislation

Two kratom-related bills advanced for the special session. One would restrict natural-leaf kratom to people 21 and older. The other would ban 7-OH and other synthetic products. Each bill would set penalties for various violations. 

House Bill 1628, brought by Rep. Pat Heinert, R-Bismarck, would set up licensing requirements for processors and retailers. It would also create labeling standards and lab testing for kratom products, attorney general enforcement authority over licensees, penalties for licensee and underage violations and a $20,000 kratom public health campaign. Lawmakers expect to get more details Wednesday about the cost of the bill.

Bills for kratom regulation, synthetic ban advance to North Dakota special session

Under the bill, kratom products could not appear candylike in appearance, and would have to list all their ingredients, various health disclaimers and the recommended serving size, among other requirements. Underage use of kratom would be treated like that of tobacco, bringing low-level penalties based on the person’s age.

Senate Bill 2408 would prohibit all currently known synthetic derivatives of kratom as well as future derivatives, said Sen. Michelle Axtman, R-Bismarck, the bill sponsor. They would be classified as a schedule I controlled substance, the same level as heroin and LSD.

The bill’s penalties for ingestion and possession of synthetic kratom products are similar to those for marijuana offenses, starting with an infraction, punishable by up to a $1,000 fine.

A second offense would land a class B misdemeanor, punishable up to 30 days in jail and a $1,500 fine. Additional ingestion offenses would be the same. Three or more possession offenses would be a class C felony, punishable by up to five years in prison and a $10,000 fine.

Ashley Labanca, a nurse practitioner of psychiatric and mental health in Bismarck who submitted written testimony, said she has treated patients who have used kratom to maintain sobriety after heroin and opioid addiction. She warned legislators a complete ban on kratom would prompt a return to illicit drugs for many, flood emergency rooms and create “a serious public health emergency.”

Sarah Kallhoff, a former addict who has been sober for 15 years, advocated for banning kratom completely, noting that vape products already have age restrictions but said those products are still obtained by underage children. 

“Regulation isn’t going to work. It’s just not. It’s just common sense,” Kallhoff said.

Tuesday’s testimony shows how many people can read the same information and draw different opinions from it, said Rep. Matt Ruby, R-Minot, a co-chair of the committee. To say kratom is not a big deal would be wrong, he told the North Dakota Monitor.

Whether to ban or regulate natural kratom will come down to what has the votes to pass and how to weigh the personal responsibility of adults who want to buy it, Ruby said. 

Last month, Republican Gov. Kelly Armstrong temporarily banned all kratom products for 30 days and called the special session for the Legislature to enact kratom regulations, prohibitions and criminal penalties. In an executive order he declared a state of emergency resulting from a “public health crisis” related to kratom products. 

The governor also approved an emergency pharmaceutical rule banning 7-OH, a derivative of kratom state officials say is synthesized into readily available products at gas stations and smoke shops. He has said his decisions align with moves by the U.S. Drug Enforcement Administration to temporarily ban 7-OH and related substances.

Armstrong has linked overdoses and deaths to kratom products. Since 2021, kratom or related substances have been part of the primary cause of 23 deaths in North Dakota, and a contributing cause in one additional death, according to the State Epidemiology Office.

Reach North Dakota Monitor reporters Jack Dura at [email protected] and Jacob Orledge at [email protected].