(North Dakota Monitor) -North Dakota lawmakers on Monday advanced two complementary proposals to regulate kratom and ban synthetic substances.
The bill drafts, the result of a Kratom Working Group, will be considered in September during a special session called by Gov. Kelly Armstrong to address the substance’s lack of regulation in North Dakota.
A bill draft proposed by Rep. Pat Heinert, R-Bismarck, would adopt regulations for natural kratom products that mimic existing laws for tobacco products like cigarettes.
The bill would prohibit the sale of kratom products to anyone under 21 years old, create labeling requirements for kratom products that include a warning it may be addictive, and empower the attorney general to regulate the sale of such products in North Dakota.
It also bans packaging that imitates candy products or otherwise is marketed in a manner that appeals to children.
“That has become a big thing in the kratom industry. Bright colors, flashy stuff,” Heinert said. “Those things are all marketed towards the underage people.”
Sen. Kathy Hogan, D-Fargo, said she considers Heinert’s proposed legislation to be a good starting point.
Sen. Janne Myrdal, R-Edinburg, said she doesn’t see the benefit of leaving kratom legal at all.
“I would prefer a total ban because I don’t see how good this is for anyone,” Myrdal said.
The second half of the working group’s legislation, proposed by Sen. Michelle Axtman, R-Bismarck, proposes a ban on synthetic derivatives of kratom such as 7-OH and any other derivatives that hit the market in the future. The bill also includes criminal penalties for use and possession of synthetic derivatives of kratom.
“It matches the penalty structure of marijuana,” Axtman said.
Use of synthetic derivatives of mitragynine, a chemical in kratom, would be an infraction for a person’s first offense and a misdemeanor for all future offenses.
Possession of synthetic kratom derivatives would be considered an infraction for the first offense, misdemeanor on the second occasion, and a felony for all future incidents.
Axtman said the bill was written to add kratom synthetic derivatives as a Schedule I drug to match the expected action from the Drug Enforcement Administration.
“That is their plan,” Axtman said. “This will match that.”
Both bills, if passed by the Legislature, would take effect as soon as they are filed with the secretary of state.
Armstrong announced his plans to call for a special session during a press conference earlier this month, and on the same day he issued an executive order banning the sale of kratom products in the state for 30 days due to a public health emergency.
The governor said his decision was prompted by the DEA’s move to temporarily classify 7-OH and three related compounds as controlled substances.
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