Governor urges permanent ban on all kratom in North Dakota

North Dakota Gov. Kelly Armstrong called on the Legislature Wednesday to prohibit kratom “in all its forms,” a boost for efforts to ban the substance as lawmakers deliberate what action to take.

The Republican governor’s roughly nine-minute State of the State address came at the start of the special session he called last month for restricting kratom. A House-Senate policy committee is deliberating two bills to ban synthetic kratom products and to strictly regulate natural kratom with licensing and labeling requirements and various penalties for violations. 

Armstrong cited moves to restrict or ban kratom and synthetic derivatives such as 7-OH by the U.S. Drug Enforcement Administration and other states, as well as recommendations from public health officials and Republican Attorney General Drew Wrigley. Kratom is unregulated and the issue can’t wait months until the regular session next year, he said.

“People were overdosing and dying from a product that they could buy off the shelf without any regulations or any age restrictions. That’s why we took it off the shelves until you all could be convened,” Armstrong told lawmakers.

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

Last month, he banned all kratom products for 30 days, called the special session and approved an emergency pharmaceutical rule to ban 7-OH on the same level as LSD and heroin. Armstrong said his moves aligned with the DEA temporarily classifying 7-OH and related compounds as controlled substances.

Some people say natural kratom has helped them relieve pain, boost energy and combat opiate withdrawals. Others, including medical professionals and private citizens, have urged lawmakers to ban natural kratom and synthetic products across the board, calling kratom dangerous and addictive.

“I’m not really interested in anecdotal ‘wonder drug’ testimonials. I’m interested in verifiable data, and the problem with this product is there is none,” the governor said.

Armstrong cited comments by the DEA and U.S. Food and Drug Administration that kratom products are unregulated, lack data on quality control and bring risks such as liver toxicity and seizures. 

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. 

The governor outlined the state’s addiction resources, including eight behavioral health clinics around the state, online resources at hhs.nd.gov and help by calling 988.

He also specifically urged the Republican-led Legislature to ban the sale, possession and distribution of synthetic kratom, clarify enforcement authority of that ban and enact “reasonable criminal penalties” for buying and selling those synthetics.

What to know about the ban on kratom in North Dakota

“Getting the criminal policy correct on this is especially important. I don’t want to make someone a felon in September for something they could buy easily over the counter in July,” said Armstrong, a former criminal defense attorney. 

House and Senate Democrats, who unsuccessfully sought Wednesday to propose bills for more childcare funding and a moratorium on data center development, called the special session a missed opportunity to address affordability for families.

Armstrong pointed out the looming November general election and encouraged people to resist the urge for a little political grandstanding.” House Minority Leader Zac Ista, D-Grand Forks, said the special session gives lawmakers a chance to address issues they’re hearing about from voters on the campaign trail.

“It will be an egregiously wasted opportunity if all that’s accomplished this week is that we increase controlled substance regulation and we bail out a grossly mismanaged construction project,” Ista told reporters, referring to the stalled Military Gallery project on the Capitol grounds, which paused construction in July due to a fundraising shortfall.

Senate Bill 2407 proposes a $35 million line of credit and increased oversight for that project. 

The Legislature’s Joint Policy Committee was meeting after Armstrong’s speech to take up four bills, including the two kratom proposals: Senate Bill 2408 to ban synthetic kratom products, and House Bill 1628 to allow but regulate natural kratom.

Lawmakers have a goal of finishing the special session Friday, in three days.

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