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North Dakota bill proposes scheduling kratom alkaloids as schedule I controlled substances and setting penalties

Original title: A BILL for an Act to create and enact subdivision lll of subsection 3 of section 19-03.1-05 of the North Dakota Century Code, relating to the scheduling of kratom alkaloids and kratom alkaloid derivatives as a schedule I controlled substance; to amend and reenact section 19-03.1-22.3 and subsection 7 of section 19-03.1-23 of the North Dakota Century Code, relating to penalties for the use and possession of kratom alkaloids and kratom alkaloid derivatives; to provide a penalty; and to provide an effective date.

Last action · September 4, 2026: Second reading, failed to pass, yeas 46 nays 47Sponsor: Michelle Axtman

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

North Dakota Senate Bill 2408 classifies kratom alkaloids and their derivatives as s, establishing graduated penalties for ingestion and possession. A first offense for ingestion or possession of kratom would be punished as an infraction, escalating to misdemeanors and felonies for subsequent violations.

Why it matters

Residents possessing or ingesting kratom products would face new criminal charges ranging from infractions to felonies depending on the number of prior offenses, while individuals sentenced to custody could be placed in designated drug and alcohol treatment programs.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals using kratom

Ingesting or possessing kratom alkaloids becomes subject to criminal penalties ranging from infractions to felonies depending on prior offenses.

Directly affected

Department of Corrections and Rehabilitation

The department is granted authority to place incarcerated individuals into designated drug and alcohol treatment programs and manage early release upon completion.

Key Facts

You don't have to trust us. Each fact below is taken straight from the official document - click any one to see the exact passage, highlighted in the original.

Frequently Asked Questions

What is the penalty for a first-time possession of kratom under this bill?
A first-time offense for possessing a kratom alkaloid or kratom alkaloid derivative is classified as an infraction.
How are subsequent possession offenses treated?
A second offense is a class A misdemeanor, and a third or subsequent offense is a class C felony.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Failed in the House.

Procedural history

9 actions
  1. Sep 4, 2026House
    Second reading, failed to pass, yeas 46 nays 47
  2. Sep 3, 2026HouseCommittee
    Reported back amended, do pass, engrossment placed on calendar 7 3 0
  3. Sep 3, 2026HouseIntroduced
    Introduced, first reading, referred Joint Policy Committee
  4. Sep 3, 2026House
    Received from Senate
  5. Sep 3, 2026SenateFloor
    Second reading, passed, yeas 46 nays 1
  6. Sep 3, 2026SenateCommittee
    Amendment adopted, placed on calendar
Show 3 earlier actions
  1. Sep 2, 2026SenateCommittee
    Reported back amended, do pass, amendment placed on calendar 8 0 0
  2. Sep 2, 2026HouseCommittee
    Committee Hearing 10:30
  3. Sep 2, 2026SenateIntroduced
    Introduced, first reading, referred Joint Policy Committee

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

North Dakota Century Code, Department of Corrections and Rehabilitation
otherNorth Dakota Century Code“State code being amended by the bill”Map →
OrganizationDepartment of Corrections and Rehabilitation“State department authorized to place individuals in drug and alcohol treatment p”Map →

Sources

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy70
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz40
    Current news / social attention level

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