A BILL for an Act to amend and reenact subsection 3 of section 19-03.1-05 of the North Dakota Century Code, relating to the scheduling of mitragynine as a schedule I controlled substance.
HB 1101 would amend North Dakota’s controlled substances schedule by adding mitragynine, identified in the bill as 7-hydroxymitragynine and kratom, to Schedule I under the state’s opiates list. The bill also updates the controlled-substance listing to include a number of other synthetic opioids and emerging drug compounds, including isotonitazene, several nitazene analogs, and an expanded fentanyl-derivatives category with many specific examples. In practical terms, the measure would place these substances among the most tightly restricted drugs under state law, making their manufacture, possession, and distribution subject to the penalties and enforcement provisions that apply to Schedule I controlled substances.
The bill’s impact would be to revise section 19-03.1-05 of the North Dakota Century Code, which governs Schedule I controlled substances, by broadening the list of prohibited opiates and opioid-like substances. It would affect individuals and businesses involved with kratom products, synthetic opioid compounds, and related chemical analogs, as well as law enforcement and prosecutors responsible for drug enforcement. Because Schedule I status generally indicates no accepted medical use and a high potential for abuse under state law, the bill would significantly increase legal risk for handling the listed substances.
The general sentiment around the bill appears unfavorable in the House, as reflected by its failure on second reading by a vote of 15 yeas to 77 nays. No committee transcript material is available, so the recorded vote is the main indicator of legislative sentiment. The broad defeat suggests substantial opposition to the proposal, likely reflecting concerns about the scope of the scheduling changes or disagreement over whether kratom and the listed compounds should be treated as Schedule I drugs.
The main point of contention is the inclusion of mitragynine/kratom in Schedule I. Supporters of such scheduling typically argue it is needed to address abuse potential and emerging drug harms, while opponents often view kratom as distinct from more dangerous opioids and may object to criminalizing its use or sale. The bill also sweeps in a wide range of fentanyl analogs and newer synthetic opioids, which may have been less controversial as a public-safety measure but contribute to the bill’s overall breadth and complexity.
HB 1101 would amend North Dakota Century Code section 19-03.1-05, subsection 3, by expanding the state’s Schedule I opiates list to include mitragynine/kratom and additional synthetic opioids and fentanyl-related analogs. This would subject the listed substances to the state’s Schedule I controls and associated criminal penalties, affecting users, sellers, manufacturers, and enforcement agencies.
The bill appears to have faced strong opposition in the House, where it failed on second reading by a wide margin of 15-77. With no committee discussion available, the vote is the clearest evidence of legislative sentiment, and it indicates the proposal did not have broad support.
The most notable controversy is the proposal to classify mitragynine, also known as kratom, as a Schedule I controlled substance. That issue likely divided lawmakers between those emphasizing public health and abuse concerns and those concerned about overbroad criminalization or kratom’s distinct profile. The bill’s extensive listing of fentanyl derivatives and other synthetic opioids also reflects a broader debate over how aggressively the state should schedule emerging drug compounds.