BISMARCK, N.D. – Gov. Kelly Armstrong and Attorney General Drew Wrigley today announced executive actions aimed at protecting public health and safety by curbing access to kratom amid growing concerns about the drug, which is currently unregulated in North Dakota with no minimum age for purchase.
“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, noting 10 states have banned kratom and many more have restricted or proposed restrictions on kratom’s main psychoactive substance, mitragynine, and its potent synthetic derivative, 7-hydroxymitragynine, or 7-OH. “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 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 who are being targeted by insidious drug manufacturers.”
Armstrong and Wrigley announced three executive actions to address kratom:
- An emergency rule issued by the North Dakota Board of Pharmacy and signed by the governor classifies 7-OH as a Schedule 1 controlled substance, putting it in the same class as LSD and heroin – drugs with a high potential for abuse and no accepted medical use. The board’s emergency rule is valid for 180 days and triggers an emergency administrative rulemaking process. Armstrong noted this is consistent with action announced in July by the federal Drug Enforcement Administration (DEA) to place 7-OH and three related substances into Schedule 1 as early as Wednesday, Aug. 5. The DEA says its temporary scheduling order will remain in effect for at least two years.
- Armstrong issued an executive order today “in an effort to limit the fatal overdoses and imminent public health threat” caused by kratom, mitragynine, and 7-OH. The order declares a public health emergency and prohibits the sale, use and possession of all kratom and kratom products in North Dakota, effective 5 p.m. Aug. 5.
“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.”
- In the same executive order, Armstrong called on the Legislature to convene in special session on Sept. 2 to address enactment of the emergency rule on 7-OH, to place the prohibition on kratom into state law and to address enforcement authority. Armstrong met with legislative leaders in recent days to discuss the pending special session and importance of addressing kratom and 7-OH.
Senate Majority Leader David Hogue said at the press conference that while kratom is marketed as a harmless herbal supplement and sold next to energy drinks in convenience stores and smoke shops, it “is not a supplement; it is an opioid acting drug, sold with no consistent age check or dosage standard.”
“With respect to the kratom issue, the governor makes a compelling case that we must act now. We should not wait another seven to eight months for the legislature to convene, go through its bill hearing processes, and present him with a bill for consideration. The costs are too high,” Hogue said, referencing the other states that have enacted bans, including Tennessee and Kansas just last month, and Kentucky’s ban scheduled to take effect Jan. 1, 2027. “The trend across the country is clear, and it’s moving in one direction.”
Kratom is a tropical tree native to Southeast Asia. Its leaves are crushed and then smoked, brewed with tea, or placed into gel capsules. In low doses, the drug produces stimulant effects. In high doses, it has sedative effects like opiates, according to the DEA. Currently, concentrated 7-OH products such as gummies and flavored drinks are 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/or another kratom derivative, pseudoindoxyl mitragynine, or “pseudo,” according to the state Department of Health and Human Services (DHHS). In 23 of those 50 cases, the substances were listed as part of the primary cause of death. They were a contributing cause of death in one case and were present in toxicology results in the other 26 cases, though toxicology testing for 7-OH didn’t begin until last September.
DEA Administrator Terrance Cole has said synthetic 7-OH products “pose a growing threat to public safety and health,” and the U.S. Food and Drug Administration has suggested they are the next wave of the opioid crisis, calling for “immediate and impactful policies” to educate consumers and take regulatory action limiting access to 7-OH products. The Department of Defense also has banned the use of kratom by military service members.
Several communities in North Dakota have taken action on kratom, working to enact restrictions to curb access and adopting resolutions addressing the risks. Local public health units also are actively educating community members, youth and young adults on the risks of kratom use, and the DHHS Behavioral Health Division is supporting prevention events.
Retailers who sell kratom, 7-OH and kratom products are advised to review existing inventory, work with suppliers to identify and remove affected products, and discontinue purchases from suppliers. For questions, contact the Board of Pharmacy.
Consumers who believe they may be addicted to kratom, 7-OH or other kratom derivatives and are concerned about recovery or withdrawal from the drugs may call or text the DHHS crisis lifeline at 988 or the information and referral helpline at 211.