On Monday, August 3, 2026 Governor Kelly Armstrong declared a public Health Emergency banning ALL kratom products. He has called for a special session of the legislature for September 2nd to solidify complete prohibition. This executive order took effect Wednesday, August 5th, lasting for 30 days. It bans the manufacture, delivery, distribution, sale, purchase, possession, and use of all kratom products statewide. Violators face up to $1000 fine per charge. The ND Board of Pharmacy simultaneously placed 7-OH on the state Schedule I controlled substances list for 180 days. This action means many people across the state woke up as felons because these actions were taken so quickly and with little advance notice.
Please take this time between now and Sept 2nd to educate your elected officials.
September 1: Interim Legislative Committee Hearings
- Purpose: Legislative committees (such as the Interim Judiciary or Health and Human Services Committees) hold preliminary hearings the day before the full session convenes.
- Focus: Lawmakers review executive orders, hear expert briefing materials from state agencies (like the Board of Pharmacy regarding 7-hydroxymitragynine), and draft specific statutory language to present to the full legislature.
- Public Participation: This pre-session window provides the primary opportunity for stakeholders, advocacy groups, and constituents to submit written comments or register for public testimony regarding regulation versus prohibition.
Special Ad Hoc Policy Committee
The Special Ad Hoc Policy Committee is seeking public input on policy bill drafts approved for introduction during the September 2026 special session. The deadline for submitting testimony is 9:00 a.m. on September 1, 2026.
Tuesday, September 1, 2026 – 10:00 AM to 3:15 PM CDT Download event to calendar
Location:
Roughrider Room
State Capitol
Bismarck, ND
Meeting Video
Welcome to public testimony registration and submission. You may choose to provide written testimony only or you may choose to provide written testimony and present your oral testimony during the hearing (remotely or in-person).
DEADLINE
The deadline to submit testimony for this public hearing is 9:00 AM, September 01, 2026.
DIRECTIONS
Please enter your registrant information and select agenda items on which you wish to provide testimony. Please indicate whether your testimony is in support of, in opposition to, or neutral. Please indicate if your testimony is written only or is written and oral on this measure. Oral testimony may be provided online via a Microsoft Teams virtual meeting or in-person in the committee room. Click Browse Files… to browse your file system to upload your testimony document. Your testimony document must be either a PDF or a text file. You may upload up to 5 testimony documents per bill.
DISCLAIMER
An attempt will be made to accommodate all requests for oral testimony. However, due to the limited time available per hearing, not all registrants will be able to provide oral testimony if a large volume of oral testimony requests are received. As a result, registrants are strongly encouraged to submit written testimony.
North Dakota Legislative Assembly staff will review your submitted testimony document(s). After the review is completed, your testimony document(s) will be published on the Legislative Branch website, including your name, agency or organization, role, city, state and a link to your public testimony document(s). See the individual bill pages on the Legislative Branch website and click the Testimony link to view the testimony documents for a particular bill. Example: https://www.ndlegis.gov/assembly/69-2025/regular/bill-testimony/bt1176.html
SUBMIT TESTIMONY by Sept. 1, 2026 9:00am
To advocate against the proposed statutory kratom ban ahead of North Dakota’s September 2 legislative special session, key efforts should focus on educating lawmakers, organizing public feedback, and presenting regulated alternatives like the Kratom Consumer Protection Act (KCPA).
1. Directly Contact Your State Representative and Senator
Because the special session begins September 2, lawmakers are setting their legislative priorities now:
- Find Your District Legislators: Use the North Dakota Legislative Branch Directory to locate contact details for your district’s Senator and Representatives.
- Personalized Communications: Send short, polite, individualized emails or written letters. State clearly that you are a constituent.
- Key Talking Points:
- Distinguish Raw Leaf from Synthetics: Explain the critical difference between standard, unadulterated botanical kratom (Mitragyna Speciosa) and concentrated synthetic extracts (such as 7-hydroxymitragynine/7-OH).
- Propose Regulation Over Prohibition: Advocate for the Kratom Consumer Protection Act (KCPA) framework—which mandates age restrictions (21+), clear product labeling, alkaloid limits, and third-party testing—rather than a total ban.
- Share Personal Impact: Briefly share personal stories on how natural leaf kratom has contributed to safe daily wellness or pain management without relying on illicit substances.
2. Engage Key Committee Leadership
In a short 3-day special session, decisions move rapidly through key leadership:
- Focus outreach on Senate and House leadership (e.g., Majority Leader David Hogue’s office and health committee members).
- Respectfully request that legislative committees allow public testimony and consider regulatory amendments rather than blanket criminalization.
3. Mobilize Community & Consumer Support
- Coordinate with Advocacy Groups: Partner with non-profit consumer protection groups and advocacy organizations (such as the American Kratom Association or local botanical coalitions) to pool educational resources and stay updated on action alerts.
- Submit Public Comments: Watch for announcements from the North Dakota Board of Pharmacy regarding public comment windows for their 180-day emergency administrative rulemaking process.
- Local Business Outreach: Encourage local smoke shop owners, health food stores, and vendors to contact their representatives to explain the economic impact on small businesses and support reasonable regulation.