This bill proposes the scheduling of kratom alkaloids and their derivatives as a Schedule I controlled substance in North Dakota. It introduces new legal language that defines kratom alkaloids and derivatives, including specific chemical compounds such as mitragynine and 7-hydroxymitragynine. The bill also amends existing laws regarding penalties for the use and possession of controlled substances, specifically adding provisions for kratom. A person who intentionally ingests a kratom alkaloid or derivative will face an infraction for a first offense and a class A misdemeanor for subsequent offenses.

Additionally, the bill modifies penalties for possession of controlled substances, establishing that possession of kratom alkaloids or derivatives will result in an infraction for a first offense, a class A misdemeanor for a second offense, and a class C felony for a third or subsequent offense. The amendments also clarify that violations related to kratom will not be treated the same as those involving marijuana or tetrahydrocannabinol. The bill is set to take effect upon its filing with the secretary of state.

Statutes affected:
INTRODUCED: 19-03.1-22.3, 19-03.1-23
Prepared by the Legislative Council staff for Senator Axtman: 19-03.1-22.3, 19-03.1-23
FIRST ENGROSSMENT: 19-03.1-22.3, 19-03.1-23