Governor Armstrong Signs Compromise Kratom Regulatory Bill Following Special Session Clash in North Dakota Legislature

Following an intense special legislative session marked by sharp floor debates over consumer freedom and public health oversight, North Dakota Governor Kelly Armstrong has signed House Bill 1628 into law, establishing strict state-level regulatory standards for natural kratom products while enacting an outright ban on dangerous synthetic derivatives. The enactment represents a negotiated compromise after the state House narrowly rejected the administration’s initial push for a total blanket prohibition on all botanical and synthetic forms of the substance.\n\nGovernor Armstrong had originally convened lawmakers in Bismarck for an emergency special session specifically requesting a comprehensive ban on all kratom sales statewide, culminating in Senate Bill 2408. While the prohibition measure passed the Senate in an overwhelming 46–1 vote, it met fierce bipartisan resistance in the House chamber, where representatives narrowly defeated the total ban on a 46–47 vote. Lawmakers opposing the total ban argued that responsible adult consumers use natural botanical kratom for chronic pain relief and wellness management, cautioning that criminalizing possession would burden law enforcement and drive consumers toward unregulated black markets.\n\nFaced with the collapse of the total prohibition measure, lawmakers swiftly pivoted to House Bill 1628, which creates an age-gated regulatory framework rather than criminal prohibition for adult consumers. Under the new statute, retail sales of natural leaf kratom are strictly restricted to individuals aged 21 and older. The legislation outlaws synthetic kratom extracts and concentrated synthetic analogs, establishes rigorous packaging and labeling requirements, and mandates that commercial vendors obtain official state licensing. Selling kratom without required authorization or distributing non-compliant products is established as a Class B misdemeanor under state criminal code.\n\nSigning the compromise legislation into law, Governor Armstrong acknowledged the legislative divergence while praising the establishment of statutory guardrails. This is a victory for public health and safety, keeping dangerous synthetic kratom products off the shelves and protecting our young people from the adverse and unknown long-term effects of natural kratom, which is not regulated by the FDA but will now be subject to strict state regulations, Armstrong said. While we preferred a total ban on kratom, we appreciate the Legislature convening in special session and working hard to pass a meaningful law that protects the well-being of our citizens. Attorney General Drew Wrigley announced that state administrative agencies must formulate operational rules before retail licensing takes effect, noting that existing restrictions will remain active during the regulatory rulemaking period.\n\nNorth Dakota’s special session reflects an evolving nationwide debate over kratom—a tropical tree native to Southeast Asia whose leaves produce stimulant and opioid-like effects depending on dosage. With federal regulators at the Food and Drug Administration declining to establish a comprehensive federal standard, individual states have taken sharply contrasting legislative paths. While a handful of states have enacted complete prohibitions, a growing majority have adopted Kratom Consumer Protection Acts aimed at eliminating heavy metals, fentanyl contamination, and ultra-potent synthetic adulterants. By approving HB 1628, North Dakota balances executive concerns over emerging adolescent health risks with legislative reluctance to expand criminal drug statutes against non-synthetic adult use.

The compromise highlights how legislative assemblies are increasingly asserting statutory independence on substance policy, favoring targeted consumer safety standards over broad criminalization during executive special sessions.