North Dakota legislation · 69th Legislative Assembly Special Session 2
North Dakota SB2408: 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.
Status: In committee, September 3, 2026
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.
What the bill says
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.
From the engrossed text, September 3, 2026:
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. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. Subdivision lll of subsection 3 of section 19-03.1-05 the North Dakota Century Code is created and enacted as follows: lll. Kratom alkaloids and kratom alkaloid derivatives. Unless specifically excepted or listed in another schedule, any kratom alkaloid or kratom alkaloid derivative , including a synthetic or semisynthetic kratom alkaloid derivative, its isomers , esters, ethers, salts, and salts of isomers. Examples include: (1) Methyl (E)-2-[(2S,3S,12bS)-3-ethyl-8-methoxy-1,2,3,4,6,7,12,12boctahydroindolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate; also known as mitragynine. (2) Methyl (E)2-((2S,3S,7aS)-3-ethyl-7a-hydroxy-8-methoxy-1,2,3,4,6,7,7a,12boctahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (also known as 7hydroxymitragynine; also known as (alphaE,2S,3S,7aS,12bS)-3-ethyl1,2,3,4,6,7,7a,12b-octahydro-7a-hydroxy-8-methoxy-a-(methoxymethylene)- indolo[2,3-a]quinolizine-2-acetic acid, methyl ester) . Page No. 1 25.1431.02000 Sixty-ninth Legislative Assembly (3) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo-3',5',6',7',8',8a'- hexahydro-2'H-spiro[indoline-2,1'-indolizine]-7'-yl)-3-methoxyacrylate (also known as mitragynine pseudoindoxyl). (4) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8-methoxy1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3methoxyacrylate (also known as MGM-15; also known as dihydro-7hydroxymitragynine). (5) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a-hydroxy-8methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3methoxyacrylate (also known as MGM-16; also known as fluoro-dihydro-7hydroxymitragynine; also known …