North Dakota Calls Historic Second Special Session to Regulate Kratom

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North Dakota lawmakers will gather at the State Capitol Building in Bismarck on Sept. 2, for a second special legislative session of the year to address unregulated kratom products, data center oversight, and a funding shortfall for a military gallery project. The gathering marks the first time in state history that a governor has called more than one special session between regular biennial legislative sessions. Gov. Kelly Armstrong called the upcoming three-day session to establish strict regulations on kratom after issuing a temporary 30-day executive order on Aug. 5 that outlawed the substance in all forms statewide. Allen Knudson, a budget analyst and auditor for the North Dakota Legislative Council, estimated that the September session will carry a comparable price tag of roughly $72,000 per day, totaling about $216,000 if lawmakers conclude their work within the projected three-day timeframe.

Kratom Restrictions and Legislative Proposals

Lawmakers will weigh four distinct proposals concerning kratom, a plant native to Southeast Asia that contains trace amounts of compounds like mitragynine and 7-hydroxymitragynine (7-OH). Drug Enforcement Administration. Prior to the governor’s emergency ban, these items were sold without age restrictions in local smoke shops and gas stations.

Gov. Kelly Armstrong defended the cost of the special session, arguing that failing to establish clear rules would leave law enforcement and retailers without enforcement mechanisms for dangerous products.

When we have people who are massively addicted to something that you can buy over the counter that essentially interacts with your body like Schedule 1 opioids, I think it would be irresponsible to sign a pharmaceutical order and then not give law enforcement and retailers and communities the ability to enforce that order,

Gov. Kelly Armstrong

Two primary kratom bills advanced by a working group of lawmakers will dominate the agenda. One bill designates synthetic kratom and all derivatives as a Schedule 1 controlled substance, carrying potential prison time for subsequent offenses while sparing first-time offenders from jail.

Military Gallery Financing and Data Center Scrutiny

Beyond kratom, the Legislature will consider a $35 million loan to rescue a halted military gallery project at the North Dakota Heritage Center. The initial $78 million project stalled after the State Historical Society collected only about $4 million of its required fundraising match, leaving the state facing higher construction costs and fees if left unaddressed, according to the North Dakota Monitor.

Lawmakers will also debate several measures targeting data centers. Proposals filed by lawmakers include a mandate requiring data centers to file quarterly reports on electricity and water usage with state agencies, a temporary moratorium on new permits, and a ban on public officials signing nondisclosure agreements regarding industrial development plans. Gov. Armstrong characterized the nondisclosure restriction as purely politicking driven by the timing of a September election year. Additional legislation will reverse a primary residence tax discount change enacted during the January special session.

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