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Senate committee amendment would register kratom products and restrict sales to 21‑plus; chamber concurs
Summary
The Senate adopted an amendment to House Bill 15‑66 to require kratom product registration, label disclosure, and limit sales to adults 21 and older; the amendment includes an appropriation for two FTEs for the Ag Commissioner's office.
Bismarck — The Senate agreed to an amendment to House Bill 15‑66 that creates a framework for regulating kratom, a plant‑derived product sold statewide. The Energy and Natural Resources Committee and the floor report described the amendment as a set of guardrails to keep kratom in an unadulterated natural state and to protect public health.
Senator Beard, presenting the amendment, said kratom in natural form resembles coffee and can provide stimulation and pain relief, but adulterated products have caused serious harms, including hallucinations or contamination with substances such as fentanyl. The amendment adds definitions, processor and retailer requirements, administrative penalties and a registration requirement administered by the Agriculture Commissioner’s office. Retail sale would be limited to purchasers 21 and older and products would be placed behind the counter.
The amendment also includes an appropriation request for two full‑time equivalent positions (FTEs) in the Agriculture Commissioner’s office to implement the new registration and oversight functions; Beard said the Commissioner expects the workload to fall to one FTE after the program is established. The committee reported unanimous support for the amendment and recommended concurrence; the amendment was adopted and the bill was re‑referred to the Appropriations Committee.
On the floor Senator Lee asked whether committee received testimony from pharmacists; Beard responded the committee did not hear from pharmacists and that kratom is already sold at convenience stores and smoke shops across the state. The bill’s amendment makes the Agriculture Commissioner responsible for administrative rules, label review and enforcement, and includes penalties for sales to minors.
Next steps: The amendment sends the bill to Appropriations with the fiscal request for two FTEs; the bill will proceed through the appropriations process before final disposition.
