North Dakota Governor Kelly Armstrong Signs Law Banning Synthetic Kratom and Regulating Sales

BISMARCK, N.D. — North Dakota Governor Kelly Armstrong has signed House Bill 1628 into law following the conclusion of a high-stakes three-day legislative special session, enacting a comprehensive statewide ban on synthetic kratom products while imposing strict regulatory controls and age limits on natural kratom sales. The statutory framework establishes North Dakota as one of the most proactive states in regulating botanical and laboratory-formulated opioid-like compounds.

The legislation concludes an urgent legislative cycle initiated on August 3, when Governor Armstrong issued an executive order declaring a statewide public health emergency and temporarily suspending all kratom sales. Concurrently, the North Dakota Board of Pharmacy enacted emergency administrative rules classifying several concentrated, chemically altered kratom derivatives as Schedule 1 controlled substances, aligning state scheduling decisions with warnings and scheduling notifications issued by the federal Drug Enforcement Administration (DEA).

Under House Bill 1628, introduced by Representative Pat Heinert and negotiated through bipartisan Senate amendments, North Dakota strictly prohibits the manufacture, distribution, sale, and possession of concentrated synthetic kratom derivatives. The statutory prohibition explicitly targets enhanced synthetic compounds, including concentrated 7-hydroxymitragynine (7-OH), MGM-15, MGM-16, and mitragynine pseudoindoxyl. While 7-OH occurs naturally in trace concentrations within the mitragyna speciosa leaf, pharmaceutical and consumer health regulators warned that artificially concentrated and synthetically synthesized extracts produce potent opioid-receptor binding effects associated with severe dependency, toxicity, and acute health risks.

For unadulterated natural kratom products, the new statute creates a rigorous regulatory and licensing framework under the oversight of North Dakota Attorney General Drew Wrigley. Sales are strictly limited to consumers aged twenty-one and older. Furthermore, manufacturers and retailers must adhere to comprehensive truth-in-labeling mandates, requiring independent batch verification from accredited laboratories approved by the Attorney General's Office to disclose exact concentrations of mitragynine and trace compounds.

The law also prohibits marketing or packaging that mimics candy, snacks, or child-appealing branding. Retail establishments selling permitted natural kratom formulations must obtain an annual state commercial license from the Attorney General, with unauthorized sales penalized as Class B criminal misdemeanors. All kratom commercial activity across the state remains paused until state administrative agencies finalize operational regulations under the statute.

During the bill-signing ceremony at the State Capitol in Bismarck, Governor Armstrong praised lawmakers for crafting a measured statutory balance, commending Senate Majority Leader David Hogue, Senator Michelle Axtman, Representative Heinert, and Attorney General Wrigley. Armstrong acknowledged that while his administration initially sought a blanket prohibition on all kratom sales, the legislative compromise effectively eliminates high-potency synthetic adulterants from retail shelves while establishing robust consumer guardrails for natural botanical products.

Public health officials, toxicologists, and addiction specialists widely applauded the decisive action. The federal Food and Drug Administration (FDA) has consistently declined to approve kratom for medicinal use, warning the public of severe adverse events including liver toxicity, neurological seizures, and substance use disorders. By targeting synthetic analogues and setting enforceable laboratory testing thresholds, state lawmakers seek to prevent potent unregulated substances from entering convenience stores and smoke shops.

With the enactment of House Bill 1628, Governor Armstrong formally rescinded his emergency executive order. The swift legislative action positions North Dakota at the vanguard of a broader national debate, as state legislatures across the country increasingly grapple with how to regulate synthetic psychoactive derivatives proliferating ahead of federal statutory classifications.