The Overview
North Dakota kratom users who buy natural kratom products will face a new age requirement and tighter rules on what can be sold, after the state passed House Bill 1628, a law regulating kratom products and scheduling synthetic kratom alkaloid derivatives as controlled substances. The law comes after the North Dakota Monitor reported 23 deaths in the state since 2019 were linked to kratom and related compounds. Gov. Kelly Armstrong (R) signed the bill Sept. 4, and his office said sales of kratom products will remain prohibited until the state puts administrative rules in place.
What the Law Does
The law bars kratom sales to people under 21, lists kratom alkaloid derivatives as a schedule I controlled substance, and covers criminal history record checks. It draws a sharp line between two categories of kratom: synthetic products are banned outright from sale, possession and use, while natural, pure-leaf kratom can still be sold to adults 21 and older under a regulated system. The bill includes licensing and testing requirements.
The Attorney General's Office estimated those licensing and testing requirements would cost nearly $4 million, according to InForum. No sales can resume until the state finishes writing the administrative rules that will govern them, meaning the shelves stay empty in the meantime.
By the Numbers
North Dakota has a total population of 784,841 people across 331,063 households, according to 2024 American Community Survey five-year estimates covering all ages. About 1 in 8 residents of all ages has a disability, and 6.5 percent have no health insurance.
Legislative Status
Rep. Pat Heinert (R-ND-32) was the lead sponsor. The House passed the bill Sept. 3 with 86 yes votes and six no votes. On Sept. 4, the bill passed 46 to 0 as amended, and later that day it passed 91 to 2. Gov. Kelly Armstrong signed the bill Sept. 4.
The bill drew competing pressure from both sides before it passed. The American Kratom Association praised the Legislature for rejecting a total ban and called the final version consumer-protection legislation. On the other side, Sen. Michelle Axtman (R) had proposed amendments she described as "essentially a blanket ban on all kratom and kratom derivatives." Written testimony from Michael Rudd said his association's boards had voted unanimously in favor of a complete ban on kratom sales in the state.
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