Bismarck, ND – The North Dakota Legislature is set to convene starting Wednesday for a special session, called by Republican Gov. Kelly Armstrong, to consider regulating kratom and related substances. This marks the second special session for the Legislature this year.
Governor Armstrong declared a public health emergency in August, citing recent deaths linked to kratom and similar substances as a key reason for the urgent legislative action. While state lawmakers previously considered two kratom-related bills last year and approved a study, a committee of legislative leaders ultimately chose not to pursue that study.
Ahead of the session, Grand Forks Democrats running for office held a news conference Tuesday, criticizing the Republican-led Legislature as "reactionary" and urging lawmakers to focus on assisting families instead. They contended that state leaders waited for kratom to become a crisis before taking action.
Katie Benton, a candidate for District 17 Senate, stated, "Now our legislators are scrambling to write legislation and policy on a drug that they could have spent the last year-plus researching, but they chose not to." Republican lawmakers involved in a Kratom Working Group have indicated that new information has emerged regarding kratom and similar substances since the last regular session.
Benton also criticized legislative leaders for proposing a $35 million line of credit to support the stalled Military Gallery construction project. She asserted that this proposal was made without first investigating why construction on the building began without the necessary private funding. Benton further commented, "This supermajority doesn’t govern by planning. It governs by crisis, and it’s costing North Dakotans in money, in stress, and in feeling ignored."
Nicole Derenne, a candidate for District 42 House, called for lawmakers to advance a bill related to childcare funding during the special session. This bill, sponsored by Senate Minority Leader Kathy Hogan, a Democrat from Fargo, proposed $9 million in state funding. The funding aimed to help move some of the most in-need families off a growing waitlist for childcare assistance. However, a legislative committee did not advance this proposal for consideration in the special session, following a split vote.
Tyler York, a candidate for District 43 House, questioned why the state's housing shortage is not being treated with the same urgency as other issues addressed by a special session. York stated, "This week’s special session proves the state government can move quickly when leaders decide something is urgent. So why is housing not treated as urgent?" He also advocated for a pause on data center development, arguing this would allow the state time to develop foundational guidelines while preserving counties' ability to implement stronger local rules.
While a legislative committee is currently studying data centers and artificial intelligence in preparation for the January regular session, legislative leaders rejected a proposal to consider a data center moratorium during this special session. However, lawmakers are expected to debate a temporary pause on nondisclosure agreements for data centers and other industrial developments this week. Republicans currently hold all but 11 seats in the North Dakota House and five seats in the Senate, and all statewide offices are held by Republicans.
