North Dakota Governor Kelly Armstrong Signs Law Banning Synthetic Kratom Following Special Session

BISMARCK, N.D. — Concluding an emergency special legislative session convened to address escalating public health emergencies tied to unregulated herbal stimulants, North Dakota Governor Kelly Armstrong signed House Bill 1628 into law on Friday, outlawing synthetic kratom formulations and enacting rigorous state licensing standards for natural botanicals.

The enactment represents a decisive legislative compromise following weeks of statewide administrative and medical scrutiny. Governor Armstrong initiated emergency action on August 3 by issuing an executive declaration of a statewide public health emergency, imposing an immediate temporary moratorium on all retail kratom sales following reports from regional poison control centers and emergency physicians regarding acute overdoses, severe chemical dependency, and hospitalizations linked to hyper-concentrated synthetic alkaloid products sold in convenience stores and smoke shops.

Under House Bill 1628, passed by overwhelming bipartisan majorities in both chambers of the Legislative Assembly during a three-day special sitting, North Dakota becomes one of the strictest states in the nation regarding herbal opioid-receptor agonists. The statute permanently prohibits the manufacture, distribution, sale, and possession of synthetic kratom and chemically altered semi-synthetic alkaloids, focusing specifically on isolated 7-hydroxymitragynine (7-OH) compounds that medical toxicologists identify as exhibiting significantly higher addictive potency than raw natural plant leaves.

While the new law completely bans synthetic varieties, lawmakers established a comprehensive regulatory and consumer protection framework governing traditional, unadulterated plant-based kratom leaf products. Under the statute, retail sales are strictly restricted to adults aged twenty-one and older, backed by mandatory age verification at point of sale. Retailers must submit products for rigorous chemical potency and contaminant testing through accredited third-party laboratories approved by the state, and all packaging must feature prominent, verified alkaloid disclosures detailing mitragynine and 7-OH percentages.

Furthermore, the legislation explicitly bans manufacturers from utilizing packaging, branding, or flavor formulations designed to resemble candy or appeal to children. To enforce compliance, all commercial distributors and retail vendors must obtain and maintain an annual specialty retail license administered by the North Dakota Attorney General’s Office, which is granted administrative subpoena and inspection powers to confiscate non-compliant inventory and revoke business operating permits.

During the bill signing ceremony at the State Capitol in Bismarck, Governor Armstrong acknowledged that while he had personally advocated for an absolute statutory ban on all forms of kratom across North Dakota, House Bill 1628 provides law enforcement and health regulators with immediate legal tools to eliminate dangerous synthetic chemicals from neighborhood shelves.

Our administration moved aggressively last month because dangerous, unregulated synthetic compounds were being marketed directly to young people without chemical testing, age limits, or ingredient disclosures, Governor Armstrong stated. While my preferred policy was an outright prohibition, this bipartisan legislation achieves our urgent public safety priority: permanently eradicating lethal synthetic kratom from our state and imposing strict consumer protections and age restrictions on natural products. We have established accountability where none previously existed.

Public health officials and local law enforcement leaders praised the prompt enactment, noting that clearly distinguishing between banned synthetic chemical isolates and regulated botanicals allows state prosecutors to pursue illicit distributors without getting bogged down in administrative ambiguity. With the governor’s signature, the synthetic prohibition takes effect immediately across all North Dakota counties.