HB 1101 — North Dakota (Sixty-ninth Legislative Assembly)
Summary: Addition of mitragynine (kratom) to Schedule I opiates
Status
- Introduced: November 12, 2024
- Sponsors (as listed in bill text): Reps. J. Olson, Frelich, Novak, Porter, Pyle; Sens. Meyer, Patten, Roers
- Action: Second reading — failed to pass (Yeas 15, Nays 77). Bill did not become law.
Purpose and intent
- The bill would amend and reenact subsection 3 of NDCC § 19‑03.1‑05 (the Schedule I opiates list) to add mitragynine — commonly known as 7‑hydroxymitragynine or “kratom” — to the enumerated Schedule I opiates. The stated intent is to classify mitragynine as a Schedule I controlled substance under North Dakota law.
Key provisions / changes
- Amends NDCC § 19‑03.1‑05(3) (the list of opiates). The bill inserts an item reading (in effect):
“Mitragynine (also known as 7‑hydroxymitragynine and Kratom).”
- The opiates subsection in statute is written to cover listed substances “including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of those … is possible.” By adding mitragynine here, the bill would broadly sweep in related chemical variants, salts, etc.
- Placement: mitragynine would be listed among other Schedule I opiates and synthetic opioids (including numerous fentanyl analogs and other listed compounds).
Who would be affected
- Consumers and retail sellers of kratom products (leaves, powders, extracts, capsules) — possession, sale, distribution, or manufacture would become subject to Schedule I prohibitions and associated criminal enforcement under ND controlled‑substances law.
- Small businesses, vendors, and online sellers that currently market kratom in North Dakota.
- Health care providers, researchers, and laboratories — Schedule I status can restrict research access and impose regulatory requirements for handling and study.
- Law enforcement and prosecutors — would be empowered to charge offenses under the state’s Schedule I opiate provisions for mitragynine‑related conduct.
Practical and legal implications
- Schedule I classification generally signals the state’s view that a substance has a high potential for abuse and no accepted medical use; it typically results in criminal penalties for unauthorized possession, distribution, or manufacture. (This summary does not restate specific penalty provisions; those appear elsewhere in North Dakota law governing controlled substances.)
- The statutory language’s inclusion of isomers, salts, etc., means the prohibition would cover derivatives and many formulations, not just raw plant material.
Procedural / timeline notes
- Bill text was an amendment to a single subsection (the opiates list).
- The measure reached second reading but failed to pass (15–77). Because it did not pass, it was not enacted and did not take effect.
Bottom line
HB 1101 sought to add mitragynine/kratom to North Dakota’s Schedule I list of opiates, broadening criminal control over kratom products and related compounds. The bill failed at second reading and therefore did not become law.
