North Dakota Convenes Historic Double Special Session With 20 Bills Targeting Kratom

Why it matters

North Dakota is poised to become the first state to hold two special legislative sessions in a single year — both triggered in part by kratom. The September 2 session will decide whether kratom is fully banned, regulated, or somewhere between, setting a precedent other states may follow.

The big picture

After Gov. Kelly Armstrong declared a public health emergency and banned all kratom products statewide on August 5, he called a special session to cement policy into law. The DEA had simultaneously moved to classify 7-OH as Schedule I, accelerating state-level action. North Dakota joins at least 10 states that have banned kratom, but lawmakers are debating whether a flat ban or a regulated market better serves public health.

Key findings

• 20 bills and resolutions were submitted for the September 2 special session
• Four bills specifically target kratom, ranging from total prohibition to age-21 restrictions and labeling requirements
• One bill would codify 7-OH as a Schedule I controlled substance in state law, consistent with DEA action
• Armstrong's existing executive ban prohibits all kratom sale, use, and possession for 30 days starting August 5
• From 2019 through June 2026, kratom was listed as a primary cause of death for 23 North Dakotans
• Poison control calls for kratom tripled in recent years, with most callers ages 20-39

What they say

"Doing nothing is not an option," said Gov. Armstrong at an August 3 press conference. "This is, quite frankly, too important to wait that long."

Bottom line

**North Dakota's September 2 special session will produce the first kratom laws enacted by emergency legislative action in the state's history, and the four pending bills span the full spectrum from outright ban to regulated sales.**