BISMARCK (North Dakota Monitor) — North Dakota lawmakers have four proposals for restricting kratom and more than a dozen on other topics for a special session beginning next month, according to draft legislation made public on Friday.
A top legislative panel meets Monday to decide which bill drafts from 20 proposals to advance to the special session, which begins Sept. 2. The proposals include kratom restrictions, a funding fix for the stalled Military Gallery project, data center restrictions and other topics.
The panel will weigh whether topics must be addressed immediately or can wait until next year, said Senate Majority Leader David Hogue, R-Minot, who chairs Legislative Management.
“If the matter can wait and benefit from a more thorough review by the regular legislative process, it should wait,” he said.
Lawmakers have a goal to wrap up the special session in three days.
Here’s a look at some of the proposals:
Kratom
State officials have expressed concerns about the substance kratom and two related components called mitragynine and 7-OH. Gov. Kelly Armstrong has linked overdoses and deaths to kratom-related products, and called the special session for passing restrictions, regulations and criminal penalties. He also banned kratom products statewide for 30 days.
A five-member, all-Republican working group of lawmakers was tasked with advancing kratom legislation.
Kratom comes from a tropical tree in Southeast Asia. People use kratom to relieve pain, boost energy and cope with withdrawals from certain drugs.
Proposals from the working group’s leaders include one to classify mitragynine synthetic products as a controlled substance on the same level as heroin and LSD, and to set criminal penalties, including higher penalties based on repeated offenses of possession, all the way up to a class C felony punishable up to five years in prison and a $10,000 fine.
Another would set would set an age restriction of 21 for kratom with related penalties,
including an infraction – penalized up to a $1,000 fine – for selling kratom to someone underage, and differing low-level penalties for underage people who buy, possess or use kratom.
The bill draft also would add kratom licensing requirements, labeling standards, attorney general enforcement authority and a $20,000 public health campaign.
Two lawmakers who are not part of the working group also submitted kratom proposals.
Data centers
Legislators from both parties authored bill drafts related to data centers.
One filed by Sen. Desiree van Oosting, R-Judson, would mandate that data centers file a quarterly report with three different state agencies and a committee of legislative leaders. The data centers would be required to report electricity use, water use and other information.
The bill also calls for the data center operator to pay for any costs related to shutting down the facility.
Sen. Tim Mathern, D-Fargo, filed two bills drafts to address data centers. One would put a temporary ban on new data center permits while the other would prevent public officials and agencies from agreeing not to share information about data center development plans.
Mathern also introduced a resolution encouraging legislative leaders to consider bills to ensure transparency regarding data centers.
Clemency resolution
Sen. Jeff Magrum, R-Hazelton, plans to propose a draft resolution that would urge President Donald Trump to grant clemency to Scott Faul and Yorie Kahl, two men convicted of the 1983 killings of two federal marshals and sentenced to life sentences in federal prison.
While he is “very sympathetic” to the families of the victims, Magrum said he believes justice has not been served in this case.
North Dakota Attorney General Drew Wrigley, who twice served as U.S. attorney for North Dakota, called Friday for Magrum to withdraw his resolution, which he said “ignores the brutality of their vicious crimes.”
“Someone has seriously misguided Senator Magrum on this matter, and it is not too late for him to withdraw his resolution,” Wrigley said via text message.
Childcare assistance
Senate Minority Leader Sen. Kathy Hogan, D-Fargo, is sponsoring a bill draft to add $9 million to the Child Care Assistance Program, which lawmakers learned last December has a severe budget shortfall. Hogan’s proposal aims to get some of the lowest income families off of a waitlist.
The program is serving fewer families compared to a year ago and had 1,892 families on a waitlist as of Aug. 9, according to Rebecca Askins, interim director of the North Dakota Department of Health and Human Services’ Economic Assistance Section.
Prediction markets
Rep. Colette Brown, D-Warwick, sponsored a bill draft to study prediction markets, which have become controversial because of their similarity to sports betting and looser regulations outside of federal and state gaming laws.
“This will prepare us for the 2027 legislative session,” Brown said.
Regulating vape products
A bill draft from Rep. Eric Murphy, R-Grand Forks, would ban the sale of vape products that are not approved by the Food and Drug Administration. The FDA has approved 45 vape products, including only menthol and tobacco-flavored products.
The bill includes fines for retailers ranging from $25,000 to $100,000 and the potential loss of their tobacco license for repeat violations.
“That will get people’s attention,” said Murphy, whose term ends before the next regular legislative session. “I view law as a deterrence.”
English language driver’s test
Rep. SuAnn Olson, R-Baldwin, sponsored a bill draft that would require the driver’s license test in North Dakota to be offered only in English.
Olson said the draft is aligned with an executive order signed by President Donald Trump and guidance released by the U.S. Department of Transportation in 2025 that requires truck drivers to adhere to English proficiency requirements.
“If we are concerned about the safety of our citizens, it would seem that the same rules apply across the board because, Lord knows, there’s millions of more miles being traveled by the public in cars and pickups,” Olson said. “Driving is a privilege. It’s not necessarily a right.”
Right to repair
Sen. Chuck Walen, R-New Town, is proposing a bill draft requiring equipment manufacturers to make replacement parts and diagnostic and repair documentation available to the equipment owners and independent repair operators at the same cost as an authorized repair provider.
The manufacturer may not void the equipment warranty due to repairs made by the owner or independent repair operator, according to the bill draft. Manufacturers who violate the law would be guilty of a civil penalty and fine of up to $500 for each violation.
Monday’s meeting is set for 10 a.m. in the Roughrider Room of the Capitol and will be livestreamed. Typically public testimony would not be accepted until the special session.
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