North Dakota Governor Bans Kratom in Public Health Emergency Order

North Dakota Governor Kelly Armstrong on Monday declared a public health emergency and banned the sale, use and possession of all kratom products statewide, an extraordinary use of executive power that makes the state one of the most aggressive in the country against the unregulated, opioid-like substance. The prohibition takes effect at 5 p.m. Wednesday, and Armstrong has called the Legislature back to Bismarck for a special session on Sept. 2 to write the ban into permanent law.

The announcement, made jointly with Attorney General Drew Wrigley at the state capitol, rests on a grim tally: since 2019, when North Dakota began testing for the substance, 50 deaths in the state have been associated with kratom, its potent synthetic derivative 7-hydroxymitragynine — known as 7-OH — or a related compound. In 23 of those cases, the substances were listed as part of the primary cause of death.

"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."

Three executive actions in a single day

The crackdown unfolded through three coordinated moves. First, the North Dakota Board of Pharmacy issued an emergency rule, signed by the governor, classifying 7-OH as a Schedule 1 controlled substance — the same legal category as heroin and LSD, reserved for drugs with high abuse potential and no accepted medical use. The rule is valid for 180 days and triggers an emergency administrative rulemaking process.

Second, Armstrong's executive order declared the public health emergency and prohibited all kratom and kratom products outright, effective Wednesday evening. During the order's tenure, distributing kratom will be classified as an infraction. "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."

Third, the same order directed the Legislature to convene Sept. 2 to codify the prohibition and settle questions of enforcement authority — an acknowledgment that emergency powers are a bridge, not a destination. Asked about the breadth of the response, the governor was unapologetic: "I am willing to overreact."

A death toll that built quietly

Kratom, derived from the leaves of a tropical Southeast Asian tree, acts as a stimulant in low doses and produces sedative, opiate-like effects in high doses, according to the Drug Enforcement Administration. In North Dakota it has occupied a complete regulatory void — no minimum purchase age, no labeling standards, no potency limits — even as concentrated 7-OH gummies and flavored drinks spread through gas stations, smoke shops and convenience stores. Products containing the compound have been tied to overdoses elsewhere as well; just last week Utah officials pulled mislabeled tablets marketed as cat's claw after state testing found hidden kratom-derived opioids linked to a death under investigation.

Wrigley framed the marketing itself as part of the danger. "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," he said. Senate Majority Leader David Hogue, who appeared at Monday's press conference, was blunter still: kratom "is not a supplement; it is an opioid acting drug, sold with no consistent age check or dosage standard."

The state's kratom decision lands on one side of a debate that has split public health experts. Advocates for the natural leaf argue it has helped some people manage chronic pain and opioid withdrawal with far lower overdose risk than full agonists like fentanyl, and warn that outright bans push users toward unregulated online markets. North Dakota officials answered that the products on their shelves bear little resemblance to raw leaf — concentrated derivatives, sold with cartoonish packaging and no dosage standard, are what is killing people.

Part of a widening state and federal crackdown

North Dakota joins roughly ten states that have banned kratom outright, with Tennessee and Kansas among those enacting prohibitions recently and Kentucky's ban scheduled to take effect Jan. 1, 2027. The state's move also runs parallel to federal action: in July the DEA announced its intent to place 7-OH and three related synthetic compounds into Schedule 1, with a temporary scheduling order that could take effect as early as this week and remain in force for at least two years. State officials cited the federal trajectory as validation of their own emergency rule.

Hogue said the Legislature should not wait months to act, pointing to the speed with which other states have moved. The September session will determine whether North Dakota's emergency prohibition hardens into a durable statutory ban — and how possession, currently swept into the executive order's language, will be treated under permanent law.

What changes for retailers and users

Retailers holding kratom inventory have been advised to review their stock and stop ordering from suppliers, with questions directed to the Board of Pharmacy. For consumers who believe they may be dependent on kratom or related substances, the state pointed to the 988 crisis lifeline, reachable by call or text, and the 211 information and referral helpline. Regular users can face genuine withdrawal when supply disappears overnight, and treatment providers in the region have experience managing kratom dependence alongside other opioid use disorders.

Whether the ban reduces harm or simply relocates the market is the question the September session will inherit. For now, North Dakota has chosen the most forceful answer available to it: clear the shelves first, legislate second.