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N.D. (Valley News Live) – North Dakota Gov. Kelly Armstrong and Attorney General Drew Wrigley announced Monday a series of executive actions to ban kratom statewide, citing growing overdose deaths and the drug’s lack of regulation in the state
Armstrong issued an executive order declaring a public health emergency and prohibiting the sale, use and possession of all kratom and kratom products in North Dakota, effective 5 p.m. Wednesday, Aug. 5. The governor also called on the Legislature to convene in special session Sept. 2 to address the issue
“North Dakotans are overdosing and dying from a product you can buy off the shelf in a convenience store without any regulations or age requirement,” Armstrong said. “We have a responsibility to our citizens and young people to educate them on the risks of these substances and limit access to protect their well-being.”
The announcement includes three executive actions. The North Dakota Board of Pharmacy issued an emergency rule, signed by the governor, classifying 7-hydroxymitragynine — known as 7-OH, a potent synthetic derivative of kratom’s main psychoactive substance — as a Schedule 1 controlled substance, placing it in the same class as heroin and LSD. The emergency rule is valid for 180 days. Armstrong’s executive order bans all kratom and kratom products beginning Aug. 5. The governor also called for a special legislative session Sept. 2 to place the prohibition into state law and address enforcement authority.
The action is consistent with a move announced in July by the federal Drug Enforcement Administration to place 7-OH and three related substances into Schedule 1 as early as Wednesday. The DEA’s temporary scheduling order would remain in effect for at least two years
Kratom is a tropical tree native to Southeast Asia. Its leaves are crushed and smoked, brewed into tea, or placed into gel capsules. In low doses, the drug produces stimulant effects. In high doses, it has sedative effects similar to opiates, according to the DEA. Concentrated 7-OH products such as gummies and flavored drinks are currently sold in convenience stores, gas stations and smoke shops across North Dakota with no legal age requirements
Since 2019, North Dakota has received reports of 50 deaths associated with kratom, 7-OH, and a related derivative. In 23 of those cases, the substances were listed as part of the primary cause of death
“The addictive, dangerous, and potentially deadly nature of kratom cannot be ignored, nor can those risks be concealed by colorful packaging or marketing designed to make these products appear harmless or appealing,” Wrigley said. “This joint initiative is intended to accelerate public awareness of these serious health risks while advancing the legal and regulatory response necessary to protect all North Dakotans, especially our young people.”
Senate Majority Leader David Hogue, who spoke at Monday’s press conference, said kratom “is not a supplement; it is an opioid acting drug, sold with no consistent age check or dosage standard.” Hogue said the Legislature should not wait months to act, noting Tennessee, Kansas and other states have recently enacted bans
North Dakota joins 10 states that have banned kratom. Kentucky’s ban is scheduled to take effect Jan. 1, 2027
Retailers who sell kratom and related products are advised to review existing inventory and discontinue purchases from suppliers. Questions can be directed to the North Dakota Board of Pharmacy
Consumers who believe they may be addicted to kratom or related substances and are concerned about recovery or withdrawal may call or text the DHHS crisis lifeline at 988 or the information and referral helpline at 211
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