Kratom bills advance, including a permanent full ban in North Dakota

Legislation advanced Wednesday to permanently ban all kratom and synthetic products in North Dakota, hours after the governor urged the Legislature to ban kratom “in all its forms.” 

The Legislature began a special session Wednesday to address kratom and other topics. Two kratom bills could get their first votes in the House and Senate as soon as Thursday. 

Sen. Michelle Axtman, R-Bismarck, introduced amendments to Senate Bill 2408 to include natural kratom in addition to her original bill’s intent to prohibit synthetic kratom derivatives, such as 7-OH. Republican Gov. Kelly Armstrong has tied synthetic kratom products being readily available at gas stations and smoke shops to overdoses and deaths in his calling the special session last month. 

Governor urges permanent ban on all kratom in North Dakota

Axtman called her amendments “essentially a blanket ban on all kratom and kratom derivatives” based on testimony Tuesday from medical professionals and citizens from “all walks of life in all corners of North Dakota,” she said.

“What I heard yesterday, in my mind, was so powerful that if we didn’t address an attempt to ban, I think we are really disregarding what we heard from professionals and parents and concerned community members,” Axtman told a House-Senate policy committee. 

The bill would classify kratom alkaloids and related derivatives as controlled substances at 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 A misdemeanor, punishable by up to nearly a year in jail and a $3,000 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.

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

In a speech to the Legislature earlier in the day, Armstrong urged the Republican-led Legislature to ban kratom “in all its forms,” calling it unregulated and unsafe. Last month, he temporarily banned all kratom products.

The committee adopted the amendments and gave the bill a “do pass” recommendation. 

Rep. Todd Porter, R-Mandan, called it a risky move to try to ban natural kratom and synthetic products in a single bill when it’s unknown how each chamber will vote. 

Sen. Kristin Roers, R-Fargo, cited the addictive nature of kratom brought up in testimony and shared by medical professionals. 

“I don’t remember who said it yesterday, but you’re not going to hear from the people who keep taking it. You’re going to hear from the people who quit taking it,” said Roers, a registered nurse.

The panel also gave a “do pass” recommendation to House Bill 1628 brought by Rep. Pat Heinert, R-Bismarck. 

That bill would allow but strictly regulate natural kratom for people 21 and older. The bill includes licensing and labeling requirements, criminal penalties for violations and enforcement authority by the attorney general. 

It’s unclear what appetite there is for Heinert’s bill as a full ban on all kratom gained momentum Tuesday and Wednesday.

Lawmakers wondered about a scenario of both bills passing, which would conflict in state law, and said they would coordinate the House and Senate votes.

Whatever bills do pass would go to the governor to sign or veto. 

The committee did not take additional public testimony Wednesday.

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