NORTH DAKOTA KRATOM BAN: EMERGENCY ORDER IN EFFECT — ACT BEFORE SEPTEMBER 2

North Dakota Governor Kelly Armstrong has issued a statewide emergency order banning the sale, possession, and use of all kratom effective August 5, 2026. The North Dakota Legislative Assembly will hold a special session to decide whether to pass legislation making the ban permanent. A special session has produced two bills that could restore access to natural kratom in North Dakota. There are two critical hearings next week, September 1 and September 2. Here is everything you need to know to take action right now.

The Two Bills

SB 2408 — Schedules concentrated synthetic mitragynine derivatives as a Schedule I controlled substance. This bill targets dangerous synthetic 7-OH products — not natural kratom leaf. View bill details.

HB 1628 — Establishes a regulatory framework for natural kratom products in North Dakota, including age restrictions, testing requirements, and labeling standards — a responsible alternative to making the blanket ban permanent. View bill details.

How to Take Action Now

1. Attend the September 1 Hearing — Most Important

Special Ad Hoc Policy Committee — Public Hearing
📅 Tuesday, September 1, 2026
⏰ 10:00 AM CT
📍 Roughrider Room, State Capitol, Bismarck, ND

This hearing accepts both in-person and virtual public testimony. Showing up — in person or online — and sharing your personal story is one of the most powerful actions you can take.

Want to speak or submit written testimony?
The deadline to submit testimony is 9:00 AM on Tuesday, September 1.

• Submit your testimony here
• Upload as a PDF or text file — up to 5 documents per bill
• Indicate whether your testimony is in support of the 2 bills
• Indicate whether your testimony is written-only or written and oral
• Oral testimony can be provided in-person

View the September 1 hearing for SB 2408
View the September 1 hearing for HB 1628

2. Contact the Special Ad Hoc Policy Committee Now

Write and call every member before Tuesday's hearing. Email each member individually — do not mass-copy.

— Rep. Matthew Ruby — mruby@ndlegis.gov
— Rep. Dick Anderson — dickanderson@ndlegis.gov
— Rep. Mike Beltz — mbeltz@ndlegis.gov
— Rep. Austin Foss — afoss@ndlegis.gov
— Rep. Kathy Frelich — kfrelich@ndlegis.gov
— Rep. Pat D. Heinert — pdheinert@ndlegis.gov
— Rep. Karen Karls — kkarls@ndlegis.gov
— Rep. Todd Porter — tkporter@ndlegis.gov
— Rep. Karen M. Rohr — kmrohr@ndlegis.gov
— Rep. Jonathan Warrey — jwarrey@ndlegis.gov
— Sen. Jerry Klein — jklein@ndlegis.gov
— Sen. Michelle Axtman — maxtman@ndlegis.gov
— Sen. Ryan Braunberger — rbraunberger@ndlegis.gov
— Sen. Claire Cory — clairecory@ndlegis.gov
— Sen. Kristin Roers — kroers@ndlegis.gov
— Sen. Dean Rummel — drummel@ndlegis.gov
— Sen. Mark F. Weber — markweber@ndlegis.gov

3. Attend the September 2 Hearing & Contact the Joint Policy Committee

Joint Policy Committee Hearing
📅 Wednesday, September 2, 2026
⏰ 10:30 AM CT

Full Joint Policy Committee contact info

Contact Joint Policy Committee members starting now and urge them to support SB 2408 and HB 1628.

What to Say

Write in your own words and make it personal — legislators read personal messages and skim form letters. Use this as a guide:

• Share your story. Tell committee members how natural kratom leaf has helped you and what losing access has meant for your life.
• Make the distinction clear. Natural kratom leaf and concentrated synthetic 7-OH are fundamentally different products. The emergency ban sweeps them together — that is the wrong approach.
• Support the right bills. Urge members to support SB 2408, which targets dangerous synthetics, and HB 1628, which establishes sensible regulations — age limits, testing, and labeling — rather than making the blanket ban permanent.
• Follow the federal lead. The DEA has already issued Notices of Intent to schedule concentrated synthetic 7-OH. North Dakota should follow that lead — ban the synthetics, protect access to natural leaf.
• Speak up for responsible adults. The blanket ban punishes people who depend on natural kratom leaf. Don't let it become permanent without hearing from the people it actually affects.

👉 Take action at protectkratom.org/northdakota

Continue calling Governor Kelly Armstrong: (701) 328-2200

Important Notice for North Dakota Customers

Due to the emergency order currently in effect, we are temporarily unable to ship orders to North Dakota. All active subscription orders for North Dakota customers have been paused until shipping can resume.

We are closely monitoring the situation and will update North Dakota customers as soon as the status changes. We understand how much natural kratom means to our customers and we are committed to resuming service the moment it is legally possible to do so.

In the meantime, the most impactful thing North Dakota customers can do is contact their state representative before the September 2 special session and urge them to support appropriate regulation of natural kratom leaf — not permanent scheduling that would make this ban permanent.

What Has Happened and What Is at Stake

Governor Armstrong issued a statewide emergency order on August 5, 2026 banning the sale, possession, and use of all kratom in North Dakota. Under the emergency order, responsible adults across the state who use natural kratom legally today are now subject to criminal penalties simply for possessing a botanical product they purchased at a licensed retailer.

The North Dakota Legislative Assembly will convene in a special session on September 1st and 2nd to decide whether to pass permanent legislation enshrining this ban into law. If that legislation passes, the ban becomes permanent — and natural kratom leaf would be treated the same as dangerous synthetic 7-OH concentrates under North Dakota law, despite the fact that federal regulators have explicitly drawn a distinction between the two.

The window between now and September 2 is the most critical period for advocates to reach lawmakers and make the case for appropriate regulation over permanent prohibition.

Why Permanent Scheduling Is the Wrong Approach

Natural kratom leaf and concentrated synthetic 7-OH are not the same product. Federal regulators have explicitly drawn this distinction. The DEA has moved to place concentrated synthetic 7-OH into Schedule I federally. The FDA has specifically recommended that synthetic 7-OH be classified as a controlled substance — not natural kratom leaf.

Kratom advocates have taken this message directly to Washington as well. In a recent Congressional briefing, advocates urged lawmakers to support natural kratom leaf products while warning of the distinct risks posed by synthetic concentrates — reinforcing the same distinction that federal regulators have already drawn. Read more: Kratom Advocates Brief U.S. Congress in Support of Natural Leaf Products, Warn of the Risks Posed by Synthetics.

As research discussed on the Huberman Lab podcast makes clear, natural kratom leaf has a distinct profile that sets it apart from synthetic concentrates. That distinction was further reinforced by an FDA clinical trial — the first of its kind — which examined kratom's pharmacological profile and underscored why natural leaf should not be treated the same as dangerous synthetic 7-OH.

The right approach is common-sense regulation — age restrictions, mandatory third-party testing, and proper labeling — that targets dangerous synthetic products while preserving access to natural kratom for responsible adults. The Kratom Consumer Protection Act framework has already been adopted in 18 states. North Dakota lawmakers have the opportunity on September 1 and 2 to choose that model rather than make a blanket prohibition permanent. For the latest on kratom legality in North Dakota and other states, visit our kratom legality map. Learn more about kratom legality and regulation nationwide.

The Bigger Picture

An emergency order is in effect today. The special session is on September 1 and 2. That means the window between now and September 1st is the most important advocacy period North Dakota kratom consumers have ever faced.

Contact your state representative today. Join the AKA advocacy network at protectkratom.org/join to receive immediate alerts as the September 1st session approaches. Share your personal story with your lawmakers — what natural kratom has meant for your life. That is what legislators remember most.

The emergency order is in effect now. The permanent decision is September 2. Act today.