North Dakota Governor Declares Kratom Public Health Emergency, Calls Special Session

Why it matters

North Dakota became the latest state to ban kratom outright, with the order taking effect August 5 — the same day the federal DEA scheduling deadline arrives. The simultaneous state and federal actions mark the most aggressive coordinated crackdown on kratom and 7-OH in U.S. history.

The big picture

Gov. Kelly Armstrong's executive order declares a public health emergency and bans sale, use, and possession of all kratom products in North Dakota, effective 5 p.m. August 5, 2026. The state has linked 50 deaths to kratom, 7-OH, and related compounds since 2019. Armstrong also called a special legislative session for September 2 to cement the ban into state law, citing urgency that the regular January session cannot address in time.

Key findings

• Gov. Armstrong issued an executive order declaring a public health emergency banning all kratom and kratom products in North Dakota, effective August 5 at 5 p.m.
• The North Dakota Board of Pharmacy also issued an emergency rule classifying 7-OH as a Schedule I controlled substance, mirroring the anticipated federal DEA order.
• Since 2019, 50 deaths in North Dakota have been associated with kratom, 7-OH, or pseudoindoxyl mitragynine — 23 of those cases listed kratom compounds as a primary cause of death.
• Armstrong called a special legislative session for September 2 to pass permanent legislation, with Senate Majority Leader David Hogue endorsing the urgency.
• Currently no age restrictions exist on kratom purchases in North Dakota; the governor noted 7-OH gummies and flavored drinks are sold openly in gas stations and convenience stores.

What they say

"Right now, it's the Wild West when it comes to kratom and 7-OH sales in North Dakota: no regulations, no age limits, no accountability," Armstrong said. "We're taking emergency action to press pause and get these products off the shelves until the Legislature can address the issue."

Bottom line

North Dakota banned all kratom products effective August 5, making it one of the most sweeping state actions yet and directly synchronizing with the federal DEA's 7-OH scheduling deadline.