Existing law defines “kratom product” to mean, in general, any product or ingredient containing any part of the leaf of the Mitragyna Speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine, or any synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine. Existing law prohibits a person from: (1) selling or offering to sell any material, compound, mixture or preparation containing a kratom product to a child under the age of 18 years; (2) preparing, distributing, advertising, selling or offering to sell a kratom product that is adulterated with certain substances; and (3) selling a kratom product that does not have a label that meets certain requirements. Existing law provides for the imposition of a civil penalty of not more than $1,000 against a person who violates those prohibitions. (NRS 597.998) Section 5 of this bill revises the definition of kratom product to mean food containing any part of the leaf of the Mitragyna Speciosa plant. Section 9 of this bill revises the prohibited acts relating to kratom products set forth under existing law to revise: (1) requirements relating to the type of kratom products that a person is prohibited from preparing, distributing, advertising, selling or offering to sell; and (2) the information that must be included on a label for a kratom product. Section 9 eliminates the civil penalty imposed for engaging in such prohibited acts and section 8.7 of this bill instead provides for the imposition of administrative fines by the Division of Public and Behavioral Health of the Department of Health and Human Services for certain violations relating to kratom products. Section 6 of this bill prohibits a person from selling or offering to sell a kratom product to an end user unless the kratom product has been registered with the Division. Section 6 sets forth certain requirements for a person to register a kratom product with the Division. Sections 6.5 and 8 of this bill set forth circumstances under which the Division may require a person who registers a kratom product to submit the kratom product to a laboratory for certain additional testing. Section 7.5 of this bill requires a person who registers a kratom product to submit to the Division a copy of certain reports concerning the kratom product that are required to be submitted to the United States Food and Drug Administration. Section 7 of this bill authorizes the Division to adopt certain regulations to carry out the provisions of this bill. Section 9.8 of this bill makes an appropriation from the State General Fund to the Division for personnel, travel, operating, equipment and information services expenses to carry out the provisions of this bill. Existing law sets forth the Uniform Controlled Substances Act, which establishes various provisions relating to controlled substances, including, without limitation, provisions establishing certain offenses concerning controlled substances and the penalties for those offenses. (NRS 453.011-453.348) Existing law authorizes the State Board of Pharmacy to adopt regulations to add, delete or reschedule substances as controlled substances in schedules I, II, III, IV or V pursuant to the Uniform Controlled Substances Act. (NRS 453.146) Section 8.3 of this bill provides that if mitragynine or any of its constituent alkaloids is added to a schedule of controlled substances, a person who engages in the possession, delivery, production, sale or use of a kratom product that meets the requirements of this bill and who confines his or her activities to those authorized by this bill does not commit a violation of any law, ordinance, rule or regulation of this State or any political subdivision of this State and any such conduct must not constitute the basis for any investigation, detention, search, seizure, arrest, prosecution or other legal penalty against the person. Section 9.7 of this bill provides that the Uniform Controlled Substances Act and certain other provisions governing controlled substances do not apply to the extent that they are inconsistent with the provisions of sections 2-9 of this act. Sections 2.5-4.5 of this bill define certain other words and terms for the purposes of this bill.

Statutes affected:
As Introduced: 597.998
Reprint 1: 597.998, 453.2186
Reprint 2: 597.998, 453.2186
Reprint 3: 597.998, 453.005
As Enrolled: 597.998, 453.005
BDR: 597.998