Policy · 2026-08-17
North Dakota Lawmakers Advance Dual-Track Kratom Bills for Special Session
Source: North Dakota Monitor
Why it matters
North Dakota is the first state to craft parallel legislation treating natural kratom and synthetic 7-OH derivatives differently, a framework other legislatures may follow as federal scheduling takes shape.
The big picture
Governor Kelly Armstrong declared a public health emergency and banned all kratom sales on August 5, then called a special session for September 2 to make restrictions permanent. The Kratom Working Group's two-bill approach reflects growing legislative recognition that botanical kratom and concentrated synthetic derivatives present different risk profiles requiring different regulatory tools.
Key findings
- Rep. Pat Heinert's bill would restrict natural kratom sales to buyers 21 and older, require addiction-warning labels, and ban candy-style packaging that appeals to children
- Sen. Michelle Axtman's companion bill would classify 7-OH and future synthetic kratom derivatives as Schedule I, with criminal penalties matching North Dakota's marijuana penalty structure
- First offense for synthetic kratom use: infraction; second and subsequent: misdemeanor; possession escalates from infraction to misdemeanor to felony
- Both bills would take effect immediately upon filing with the secretary of state if passed
- Sen. Janne Myrdal (R-Edinburg) argued for a full kratom ban, saying she sees no benefit to keeping it legal at all
What they say
"That has become a big thing in the kratom industry. Bright colors, flashy stuff," Rep. Heinert said of candy-style kratom packaging. "Those things are all marketed towards the underage people." Sen. Axtman added that the synthetic ban "matches the penalty structure of marijuana" and was written to align with the DEA's expected federal scheduling action.
Bottom line
North Dakota's two-bill approach — regulate natural kratom like tobacco, criminalize synthetic derivatives like marijuana — is the most detailed state legislative framework to emerge in 2026 and could become a template for other states.