North Dakota Banned Kratom After 23 Deaths. A Special Session Starts Sept. 2.

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North Dakota’s 30-Day Kratom Ban Takes Effect August 2026

North Dakota Gov. Kelly Armstrong banned kratom and its synthetic derivatives on August 5, 2026, citing 23 deaths linked to the substance since 2021. The ban is an executive order lasting 30 days, and Armstrong has called a special session of the Republican-led Legislature, starting September 2, to pass a permanent restriction.

Kratom is derived from leaves of a tropical tree native to Southeast Asia. People use it as an energy booster, for pain management, and to manage withdrawal from opioids including fentanyl and heroin. At low doses it acts as a stimulant. At higher doses, or when mixed with other substances, it can act as a depressant.

Synthetic Derivatives Drove the Surge in North Dakota Deaths

The governor’s focus is on concentrated synthetic kratom derivatives, particularly a compound called 7-OH, sold in colorful packaging with candy-like names at gas stations and smoke shops across the state. These products are not the same as traditional botanical kratom leaves.

215% increase in kratom-related Poison Control calls in North Dakota, from 7 in 2024 to 22 in 2025, according to the State Epidemiology Office.

That spike in emergency contacts preceded the governor’s action. North Dakota is not acting alone. The U.S. Drug Enforcement Administration temporarily classified 7-OH and three related synthetic kratom derivatives as controlled substances in July 2026. Ten other states, mostly in the South and Midwest, have already banned kratom products.

Three Separate Actions Now Restrict Kratom in North Dakota

The ban works through three layers. First, the 30-day executive order covers all kratom products. Second, the state Board of Pharmacy issued an emergency rule, effective August 5, classifying 7-OH as a controlled substance for approximately six months while a formal rulemaking process with public hearings unfolds. Third, the September 2 special session will draft legislation intended to make the restrictions permanent.

Attorney General Drew Wrigley has published a list of disposal sites at local law enforcement agencies where retailers and consumers can turn in kratom products. Enforcement now falls to police and prosecutors under the new framework.

What You Can Do Now

  1. If you live in North Dakota, submit public comment during the Board of Pharmacy emergency rulemaking process. Hearings will be announced through the North Dakota Board of Pharmacy. This is your opportunity to weigh in on where the line falls between botanical kratom and synthetic derivatives.

  2. Contact your state legislators before September 2 at (701) 328-2916 (North Dakota Legislative Council) and ask them to clarify the special session bill language so it distinguishes traditional botanical kratom from synthetic 7-OH derivatives, protecting harm-reduction uses.

  3. If you use kratom to manage opioid withdrawal, contact the Substance Abuse and Mental Health Services Administration helpline at 1-800-662-4357 to find alternative treatment options before the ban is enforced.

  4. If you are a retailer in another state, check whether your state is among the 10 that have already banned kratom and whether the DEA’s temporary federal scheduling of 7-OH affects your products directly.

Sources

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