North Dakota Lawmakers Signal Preference for Kratom Regulation Over Complete Ban Before September Special Session

Why it matters

A North Dakota legislative work group raised doubts about Gov. Armstrong's blanket kratom ban ahead of a September 2 special session, with lawmakers distinguishing between synthetic 7-OH products and natural leaf — a distinction now codified federally through the DEA's temporary Schedule I action targeting only concentrated 7-OH.

The big picture

North Dakota's governor issued an emergency executive order banning all kratom products on August 5, 2026, citing 50 reported fatalities linked to kratom since 2019. But lawmakers meeting ahead of the special session signaled a preference for targeted regulation rather than total prohibition. The debate mirrors national tensions between states enacting outright bans and those adopting the Kratom Consumer Protection Act regulatory framework.

Key findings

• A 5-member legislative work group met August 7 to discuss kratom ahead of the September 2 special session called by Gov. Kelly Armstrong
• Multiple legislators expressed concern about banning natural kratom leaf while supporting restrictions on synthetic 7-OH
• At least one legislator warned that sudden prohibition could trigger withdrawal crises without adequate detox resources available
• North Dakota reported 50 fatalities connected to kratom products since 2019
• The DEA's temporary Schedule I designation of 7-OH changed the legislative calculus for at least some lawmakers

What they say

"We can't throw all these molecules in together," said Rep. Eric Murphy, R-Grand Forks, distinguishing between natural kratom alkaloids and synthetic 7-OH concentrates.

Bottom line

North Dakota's legislature may push back on a blanket kratom ban and instead pursue differentiated regulations targeting synthetic 7-OH while preserving access to natural leaf products — setting up a contentious September special session.