Bill > A3281

Introduced Session

This bill would criminalize the manufacture, possession and sale of products containing kratom (mitragyna speciosa korth), a botanical substance that grows naturally in Southeast Asia. Kratom is frequently marketed on the Internet for its psychoactive and opioid-like analgesic effects, and for use in the treatment of morphine and heroin addiction. However, kratom is not approved in the United States for any medical use. The federal Food and Drug Administration advises kratom, also referred to as mitragynine extract, biak-biak, cratom, gratom, ithang, kakuam, katawn, kedemba, ketum, krathom, krton, mambog, madat, Maeng da leaf, nauclea, Nauclea Speciosa, or thang, poses a threat to public health and has the potential for abuse. According to the federal Food and Drug Administration, scientific literature has disclosed serious concerns regarding the toxicity of kratom in multiple organ systems, and its consumption can lead to a number of health problems including respiratory depression, nervousness, agitation, aggression, sleeplessness, hallucinations, delusions, loss of libido, tremors, skin hyperpigmentation, nausea, vomiting, constipation and severe withdrawal signs and symptoms. Possession and distribution of kratom is not barred by federal or New Jersey law. However the federal Food and Drug Administration issued Import Alert # 54-15 providing guidance for federal Food and Drug Administration field personnel regarding the detention without physical examination of dietary supplements and bulk dietary ingredients that are or contain kratom. Kratom is illegal in several countries including Australia, Malaysia and Thailand. Kratom is illegal in Tennessee, and several other states have introduced legislation that would ban this drug. This bill would amend N.J.S.2C:35-2 to include kratom as a controlled dangerous substance and would supplement Title 2C of the New Jersey Statutes to set out gradations for crimes involving this substance. The bill would make it a crime of the second degree to manufacture, distribute or dispense, or possess or have under one's control with intent to manufacture, distribute, or dispense, a substance containing kratom in an amount of one ounce or more, including adulterants and dilutants. A crime of the second degree is punishable by imprisonment for a term of five to 10 years, a fine of up to $150,000, or both. It would be a crime of the third degree to manufacture, distribute or dispense, or possess or have under one's control with intent to manufacture, distribute, or dispense a substance containing kratom in an amount of less than one ounce, including adulterants and dilutants. A crime of the third degree is punishable by imprisonment for a term of three to five years, a fine of up to $15,000, or both. Under the bill, the possession of one ounce or more, including adulterants and dilutants, of a substance containing kratom would be a crime of the third degree, and possession of less than one ounce, including adulterants and dilutants, would be a crime of the fourth degree. A crime of the fourth degree is punishable by imprisonment for a term of up to 18 months, a fine of up to $10,000, or both. The bill would take effect immediately.

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Ronald Dancer (R)*, 

Introduced, Referred to Assembly Law and Public Safety Committee (on 02/22/2016)