| 6 | | - | ENROLLED |
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| 7 | | - | |
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| 8 | | - | AN ACT |
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| 9 | | - | |
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| 10 | | - | |
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| 11 | | - | ENTITLED An Act to prohibit the preparation, sale, and distribution of certain kratom |
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| 12 | | - | products and to provide a penalty therefor. |
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| 13 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: |
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| 14 | | - | Section 1. That § 34-20B-1 be AMENDED: |
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| 15 | | - | 34-20B-1. Terms as used in this chapter mean: |
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| 16 | | - | (1) "Administer," to deliver a controlled drug or substance to the ultimate user or |
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| 17 | | - | human research subject by injection, inhalation, or ingestion, or by any other |
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| 18 | | - | means; |
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| 19 | | - | (2) "Agent," an authorized person who acts on behalf of or at the direction of a |
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| 20 | | - | manufacturer, distributor, or dispenser and includes a common or contract carrier, |
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| 21 | | - | public warehouseman, or employee thereof; |
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| 22 | | - | (3) "Chemically derived cannabinoid," a chemical substance created by a chemical |
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| 23 | | - | reaction that changes the molecular structure of any chemical substance derived |
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| 24 | | - | from the cannabis plant. The term does not include: |
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| 25 | | - | (a) Cannabinoids produced by decarboxylation from a naturally occurring |
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| 26 | | - | cannabinoid acid without the use of a chemical catalyst; |
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| 27 | | - | (b) Non-psychoactive cannabinoids; or |
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| 28 | | - | (c) Cannabinoids in a topical cream product; |
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| 29 | | - | (4) "Control," to add, remove, or change the placement of a drug, substance, or |
|---|
| 30 | | - | immediate precursor under §§ 34-20B-27 and 34-20B-28; |
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| 31 | | - | (5) "Controlled substance analogue," any of the following: |
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| 32 | | - | (a) A substance that differs in its chemical structure from a controlled substance |
|---|
| 33 | | - | listed in or added to Schedule I or II only by substituting one or more |
|---|
| 34 | | - | hydrogens with halogens, or by substituting one halogen with a different |
|---|
| 35 | | - | halogen; 25.101.11 2 1056 |
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| 36 | | - | HB1056 ENROLLED |
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| 37 | | - | (b) A substance that is an alkyl homolog of a controlled substance listed in or |
|---|
| 38 | | - | added to Schedule I or II; or |
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| 39 | | - | (c) A substance intended for human consumption: |
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| 40 | | - | (i) The chemical structure of which is substantially similar to the |
|---|
| 41 | | - | chemical structure of a controlled substance in Schedule I or II; or |
|---|
| 42 | | - | (ii) That has a stimulant, depressant, or hallucinogenic effect on the |
|---|
| 43 | | - | central nervous system that is substantially similar to, or greater |
|---|
| 44 | | - | than, the stimulant, depressant, or hallucinogenic effect on the |
|---|
| 45 | | - | central nervous system of a controlled substance in Schedule I or II; |
|---|
| 46 | | - | The term, controlled substance analogue, does not include a controlled substance |
|---|
| 47 | | - | or any substance for which there is an approved new drug application; |
|---|
| 48 | | - | (6) "Counterfeit substance," a controlled drug or substance that, or the container or |
|---|
| 49 | | - | labeling of a controlled drug or substance that, without authorization, bears the |
|---|
| 50 | | - | trademark, trade name, or other identifying mark, imprint, number, or device, or |
|---|
| 51 | | - | any likeness thereof, of a manufacturer, distributor, or dispenser other than the |
|---|
| 52 | | - | person or persons who manufactured, distributed, or dispensed the substance, and |
|---|
| 53 | | - | thereby falsely purports or is represented to be the product of, or to have been |
|---|
| 54 | | - | distributed by, the other manufacturer, distributor, or dispenser; |
|---|
| 55 | | - | (7) "Deliver" or "delivery," the actual, constructive, or attempted transfer of a |
|---|
| 56 | | - | controlled drug, substance, or marijuana, whether or not there exists an agency |
|---|
| 57 | | - | relationship; |
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| 58 | | - | (8) "Department," the Department of Health created by chapter 1-43; |
|---|
| 59 | | - | (9) "Dispense," to deliver a controlled drug or substance to the ultimate user or human |
|---|
| 60 | | - | research subject by or pursuant to the lawful order of a practitioner, including the |
|---|
| 61 | | - | prescribing, administering, packaging, labeling, or compounding necessary to |
|---|
| 62 | | - | prepare the substance for such delivery; |
|---|
| 63 | | - | (10) "Distribute," to deliver a controlled drug, substance, or marijuana; |
|---|
| 64 | | - | (11) "Hashish," the resin extracted from any part of any plant of the genus cannabis |
|---|
| 65 | | - | that contains a delta-9 tetrahydrocannabinol concentration of more than three - |
|---|
| 66 | | - | tenths of one percent on a dry weight basis; |
|---|
| 67 | | - | (12) "Imprisonment," imprisonment in a state correctional facility unless the penalty |
|---|
| 68 | | - | specifically provides for imprisonment in the county jail; |
|---|
| 69 | | - | (13) "Kratom," any part of the leaf of the plant Mitragyna speciosa; |
|---|
| 70 | | - | (14) "Kratom product," a food as defined in § 39-4-1, or dietary ingredient, containing |
|---|
| 71 | | - | kratom; 25.101.11 3 1056 |
|---|
| 72 | | - | HB1056 ENROLLED |
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| 73 | | - | (15) "Manufacture," the production, preparation, propagation, compounding, or |
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| 74 | | - | processing of a controlled drug or substance, either directly or indirectly by |
|---|
| 75 | | - | extraction from substances of natural origin, or independently by means of |
|---|
| 76 | | - | chemical synthesis or by a combination of extraction and chemical synthesis. A |
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| 77 | | - | manufacturer does not include a practitioner who dispenses or compounds |
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| 78 | | - | prescription orders for delivery to the ultimate consumer; |
|---|
| 79 | | - | (16) "Marijuana," all parts of any plant of the genus cannabis, whether growing or not; |
|---|
| 80 | | - | the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or |
|---|
| 81 | | - | preparation of such plant or its seeds. The term does not include fiber produced |
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| 82 | | - | from the mature stalks of the plant, or oil or cake made from the seeds of the |
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| 83 | | - | plant, or the resin when extracted from any part of the plant, or a drug product |
|---|
| 84 | | - | approved by the United States Food and Drug Administration. The term does not |
|---|
| 85 | | - | include the plant Cannabis sativa L. and any part of that plant, including the seeds |
|---|
| 86 | | - | thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts |
|---|
| 87 | | - | of isomers, whether growing or not, with a delta -9 tetrahydrocannabinol |
|---|
| 88 | | - | concentration of not more than three-tenths of one percent on a dry weight basis; |
|---|
| 89 | | - | (17) "Narcotic drug," any of the following, whether produced directly or indirectly by |
|---|
| 90 | | - | extraction from substances of vegetable origin or independently by means of |
|---|
| 91 | | - | chemical synthesis, or by a combination of extraction and chemical synthesis: |
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| 92 | | - | (a) Opium, coca leaves, or opiates; |
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| 93 | | - | (b) A compound, manufacture, salt, derivative, or preparation of opium, coca |
|---|
| 94 | | - | leaves, or opiates; |
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| 95 | | - | (c) A substance, and any compound, manufacture, salt, derivative, or |
|---|
| 96 | | - | preparation thereof, that is chemically identical to any of the substances |
|---|
| 97 | | - | referred to in subsections (a) and (b) of this subdivision; |
|---|
| 98 | | - | The term, narcotic drug, does not include decocainized coca leaves or extracts of |
|---|
| 99 | | - | coca leaves, which extracts do not contain cocaine or ecgonine; |
|---|
| 100 | | - | (18) "Opiate" or "opioid," any controlled drug or substance having an addiction - |
|---|
| 101 | | - | sustaining liability similar to morphine or being capable of conversion into a drug |
|---|
| 102 | | - | having such addiction-forming or addiction-sustaining liability; |
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| 103 | | - | (19) "Opium poppy," the plant of the species papaver somniferum L., except the seeds |
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| 104 | | - | thereof; |
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| 105 | | - | (20) "Person," any corporation, association, limited liability company, partnership, or |
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| 106 | | - | one or more individuals; |
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| 107 | | - | (21) "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing; 25.101.11 4 1056 |
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| 108 | | - | HB1056 ENROLLED |
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| 109 | | - | (22) "Practitioner,": |
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| 110 | | - | (a) A physician licensed pursuant to chapter 36-4, a physician assistant licensed |
|---|
| 111 | | - | pursuant to chapter 36-4A, a dentist licensed pursuant to chapter 36-6A, |
|---|
| 112 | | - | an optometrist licensed pursuant to chapter 36-7, a podiatrist licensed |
|---|
| 113 | | - | pursuant to chapter 36-8, a certified registered nurse anesthetist licensed |
|---|
| 114 | | - | pursuant to chapter 36-9, a certified nurse practitioner or certified nurse |
|---|
| 115 | | - | midwife licensed pursuant to chapter 36-9A, a pharmacist licensed pursuant |
|---|
| 116 | | - | to chapter 36-11, or a veterinarian licensed pursuant to chapter 36-12; |
|---|
| 117 | | - | (b) A government employee acting within the scope of employment; and |
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| 118 | | - | (c) A person permitted by a certificate issued by the department to distribute, |
|---|
| 119 | | - | dispense, conduct research with respect to, or administer a substance |
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| 120 | | - | controlled by this chapter; |
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| 121 | | - | (23) "Prescription," an order of a practitioner for a controlled drug or substance; |
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| 122 | | - | (24) "Production," the manufacture, planting, cultivation, growing, or harvesting of a |
|---|
| 123 | | - | controlled drug or substance; |
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| 124 | | - | (25) "Ultimate user," a person who lawfully possesses a controlled drug or substance |
|---|
| 125 | | - | for personal use or for the use of a member of the person's household, or for |
|---|
| 126 | | - | administration to an animal owned by the person or by a member of the person's |
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| 127 | | - | household. |
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| 128 | | - | Section 2. That § 34-20B-115 be AMENDED: |
|---|
| 129 | | - | 34-20B-115. Any of the following actions are unlawful: |
|---|
| 130 | | - | (1) To knowingly sell or distribute a kratom product to a person under the age of |
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| 131 | | - | twenty-one; |
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| 132 | | - | (2) The purchase or attempt to purchase, the receipt or attempt to receive, the |
|---|
| 133 | | - | possession, or the consumption of a kratom product by a person under the age of |
|---|
| 134 | | - | twenty-one; or |
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| 135 | | - | (3) To purchase a kratom product on behalf of, or to give a kratom product to, any |
|---|
| 136 | | - | person under the age of twenty-one, unless the purchaser is a parent or guardian |
|---|
| 137 | | - | of the person under the age of twenty-one. |
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| 138 | | - | A violation of this section is a Class 2 misdemeanor. |
|---|
| 139 | | - | Section 3. That a NEW SECTION be added to chapter 34-20B: |
|---|
| 140 | | - | No person may prepare, sell, or distribute a kratom product that: 25.101.11 5 1056 |
|---|
| 141 | | - | HB1056 ENROLLED |
|---|
| 142 | | - | (1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater |
|---|
| 143 | | - | than two percent of the alkaloid composition of the product; |
|---|
| 144 | | - | (2) Contains synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other |
|---|
| 145 | | - | synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa |
|---|
| 146 | | - | plant; |
|---|
| 147 | | - | (3) Contains a poisonous or otherwise deleterious non -kratom substance, including |
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| 148 | | - | any substance designated as a controlled substance by this chapter; |
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| 149 | | - | (4) Is mixed or packed with a non-kratom substance that affects the quality or strength |
|---|
| 150 | | - | of the kratom product, rendering the product injurious to a customer; |
|---|
| 151 | | - | (5) Does not include on its package or label the recommended serving size of the |
|---|
| 152 | | - | kratom product, a recommended number of servings that can be safely consumed |
|---|
| 153 | | - | in a twenty-four-hour period, and a list of servings per container; |
|---|
| 154 | | - | (6) Does not include on its package or label the amount of mitragynine and 7 - |
|---|
| 155 | | - | hydroxymitragynine contained in the kratom product; or |
|---|
| 156 | | - | (7) Does not include on its package or label the following warning statement: "Consult |
|---|
| 157 | | - | a licensed, qualified healthcare professional before consuming this product. Not for |
|---|
| 158 | | - | use by women who are pregnant, nursing, or trying to become pregnant." |
|---|
| 159 | | - | A violation of this section is a Class 2 misdemeanor. 25.101.11 6 1056 |
|---|
| 160 | | - | HB1056 ENROLLED |
|---|
| 161 | | - | An Act to prohibit the preparation, sale, and distribution of certain kratom products and to |
|---|
| 162 | | - | provide a penalty therefor. |
|---|
| 163 | | - | |
|---|
| 164 | | - | |
|---|
| 165 | | - | |
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| 166 | | - | |
|---|
| 167 | | - | I certify that the attached Act originated in |
|---|
| 168 | | - | the: |
|---|
| 169 | | - | |
|---|
| 170 | | - | House as Bill No. 1056 |
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| 171 | | - | |
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| 172 | | - | |
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| 173 | | - | |
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| 174 | | - | Chief Clerk |
|---|
| 175 | | - | |
|---|
| 176 | | - | |
|---|
| 177 | | - | |
|---|
| 178 | | - | |
|---|
| 179 | | - | Speaker of the House |
|---|
| 180 | | - | |
|---|
| 181 | | - | Attest: |
|---|
| 182 | | - | |
|---|
| 183 | | - | |
|---|
| 184 | | - | |
|---|
| 185 | | - | |
|---|
| 186 | | - | Chief Clerk |
|---|
| 187 | | - | |
|---|
| 188 | | - | |
|---|
| 189 | | - | |
|---|
| 190 | | - | |
|---|
| 191 | | - | President of the Senate |
|---|
| 192 | | - | |
|---|
| 193 | | - | Attest: |
|---|
| 6 | + | HOUSE ENGROSSED |
|---|
| 201 | | - | |
|---|
| 202 | | - | |
|---|
| 203 | | - | House Bill No. 1056 |
|---|
| 204 | | - | File No. ____ |
|---|
| 205 | | - | Chapter No. ______ |
|---|
| 206 | | - | |
|---|
| 207 | | - | |
|---|
| 208 | | - | |
|---|
| 209 | | - | Received at this Executive Office |
|---|
| 210 | | - | this _____ day of _____________, |
|---|
| 211 | | - | |
|---|
| 212 | | - | 2025 at ____________M. |
|---|
| 213 | | - | |
|---|
| 214 | | - | |
|---|
| 215 | | - | |
|---|
| 216 | | - | By |
|---|
| 217 | | - | for the Governor |
|---|
| 218 | | - | |
|---|
| 219 | | - | |
|---|
| 220 | | - | The attached Act is hereby |
|---|
| 221 | | - | approved this ________ day of |
|---|
| 222 | | - | ______________, A.D., 2025 |
|---|
| 223 | | - | |
|---|
| 224 | | - | |
|---|
| 225 | | - | |
|---|
| 226 | | - | |
|---|
| 227 | | - | |
|---|
| 228 | | - | Governor |
|---|
| 229 | | - | |
|---|
| 230 | | - | STATE OF SOUTH DAKOTA , |
|---|
| 231 | | - | ss. |
|---|
| 232 | | - | Office of the Secretary of State |
|---|
| 233 | | - | |
|---|
| 234 | | - | |
|---|
| 235 | | - | Filed ____________, 2025 |
|---|
| 236 | | - | at _________ o'clock __M. |
|---|
| 237 | | - | |
|---|
| 238 | | - | |
|---|
| 239 | | - | |
|---|
| 240 | | - | |
|---|
| 241 | | - | |
|---|
| 242 | | - | Secretary of State |
|---|
| 243 | | - | |
|---|
| 244 | | - | |
|---|
| 245 | | - | |
|---|
| 246 | | - | By |
|---|
| 247 | | - | Asst. Secretary of State |
|---|
| 248 | | - | |
|---|
| 249 | | - | |
|---|
| 14 | + | Underscores indicate new language. |
|---|
| 15 | + | Overstrikes indicate deleted language. |
|---|
| 16 | + | An Act to prohibit the preparation, sale, and distribution of certain kratom products 1 |
|---|
| 17 | + | and to provide a penalty therefor. 2 |
|---|
| 18 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 |
|---|
| 19 | + | Section 1. That § 34-20B-1 be AMENDED: 4 |
|---|
| 20 | + | 34-20B-1. Terms as used in this chapter mean: 5 |
|---|
| 21 | + | (1) "Administer," to deliver a controlled drug or substance to the ultimate user or 6 |
|---|
| 22 | + | human research subject by injection, inhalation, or ingestion, or by any other 7 |
|---|
| 23 | + | means; 8 |
|---|
| 24 | + | (2) "Agent," an authorized person who acts on behalf of or at the direction of a 9 |
|---|
| 25 | + | manufacturer, distributor, or dispenser and includes a common or contract carrier, 10 |
|---|
| 26 | + | public warehouseman, or employee thereof; 11 |
|---|
| 27 | + | (3) "Chemically derived cannabinoid," a chemical substance created by a chemical 12 |
|---|
| 28 | + | reaction that changes the molecular structure of any chemical substance derived 13 |
|---|
| 29 | + | from the cannabis plant. The term does not include: 14 |
|---|
| 30 | + | (a) Cannabinoids produced by decarboxylation from a naturally occurring 15 |
|---|
| 31 | + | cannabinoid acid without the use of a chemical catalyst; 16 |
|---|
| 32 | + | (b) Non-psychoactive cannabinoids; or 17 |
|---|
| 33 | + | (c) Cannabinoids in a topical cream product; 18 |
|---|
| 34 | + | (4) "Control," to add, remove, or change the placement of a drug, substance, or 19 |
|---|
| 35 | + | immediate precursor under §§ 34-20B-27 and 34-20B-28; 20 |
|---|
| 36 | + | (5) "Controlled substance analogue," any of the following: 21 |
|---|
| 37 | + | (a) A substance that differs in its chemical structure from a controlled substance 22 |
|---|
| 38 | + | listed in or added to Schedule I or II only by substituting one or more 23 |
|---|
| 39 | + | hydrogens with halogens, or by substituting one halogen with a different 24 |
|---|
| 40 | + | halogen; 25 25.101.10 2 1056 |
|---|
| 41 | + | Underscores indicate new language. |
|---|
| 42 | + | Overstrikes indicate deleted language. |
|---|
| 43 | + | (b) A substance that is an alkyl homolog of a controlled substance listed in or 1 |
|---|
| 44 | + | added to Schedule I or II; or 2 |
|---|
| 45 | + | (c) A substance intended for human consumption: 3 |
|---|
| 46 | + | (i) The chemical structure of which is substantially similar to the 4 |
|---|
| 47 | + | chemical structure of a controlled substance in Schedule I or II; or 5 |
|---|
| 48 | + | (ii) That has a stimulant, depressant, or hallucinogenic effect on the 6 |
|---|
| 49 | + | central nervous system that is substantially similar to, or greater 7 |
|---|
| 50 | + | than, the stimulant, depressant, or hallucinogenic effect on the 8 |
|---|
| 51 | + | central nervous system of a controlled substance in Schedule I or II; 9 |
|---|
| 52 | + | The term, controlled substance analogue, does not include a controlled substance 10 |
|---|
| 53 | + | or any substance for which there is an approved new drug application; 11 |
|---|
| 54 | + | (6) "Counterfeit substance," a controlled drug or substance which that, or the container 12 |
|---|
| 55 | + | or labeling of which a controlled drug or substance that, without authorization, 13 |
|---|
| 56 | + | bears the trademark, trade name, or other identifying mark, imprint, number, or 14 |
|---|
| 57 | + | device, or any likeness thereof, of a manufacturer, distributor, or dispenser other 15 |
|---|
| 58 | + | than the person or persons who manufactured, distributed, or dispensed such the 16 |
|---|
| 59 | + | substance, and which thereby falsely purports or is represented to be the product 17 |
|---|
| 60 | + | of, or to have been distributed by, such the other manufacturer, distributor, or 18 |
|---|
| 61 | + | dispenser; 19 |
|---|
| 62 | + | (7) "Deliver" or "delivery," the actual, constructive, or attempted transfer of a 20 |
|---|
| 63 | + | controlled drug, substance, or marijuana, whether or not there exists an agency 21 |
|---|
| 64 | + | relationship; 22 |
|---|
| 65 | + | (8) "Department," the Department of Health created by chapter 1-43; 23 |
|---|
| 66 | + | (9) "Dispense," to deliver a controlled drug or substance to the ultimate user or human 24 |
|---|
| 67 | + | research subject by or pursuant to the lawful order of a practitioner, including the 25 |
|---|
| 68 | + | prescribing, administering, packaging, labeling, or compounding necessary to 26 |
|---|
| 69 | + | prepare the substance for such delivery, and a dispenser is one who dispenses; 27 |
|---|
| 70 | + | (10) "Distribute," to deliver a controlled drug, substance, or marijuana. A distributor is 28 |
|---|
| 71 | + | a person who delivers a controlled drug, substance, or marijuana; 29 |
|---|
| 72 | + | (11) "Hashish," the resin extracted from any part of any plant of the genus cannabis 30 |
|---|
| 73 | + | that contains a delta-9 tetrahydrocannabinol concentration of more than three -31 |
|---|
| 74 | + | tenths of one percent on a dry weight basis; 32 |
|---|
| 75 | + | (12) "Imprisonment," imprisonment in a state correctional facility unless the penalty 33 |
|---|
| 76 | + | specifically provides for imprisonment in the county jail; 34 |
|---|
| 77 | + | (13) "Kratom," any part of the leaf of the plant Mitragyna speciosa; 35 25.101.10 3 1056 |
|---|
| 78 | + | Underscores indicate new language. |
|---|
| 79 | + | Overstrikes indicate deleted language. |
|---|
| 80 | + | (14) "Kratom product," a food as defined in § 39-4-1, or dietary ingredient, containing 1 |
|---|
| 81 | + | kratom; 2 |
|---|
| 82 | + | (15) "Manufacture," the production, preparation, propagation, compounding, or 3 |
|---|
| 83 | + | processing of a controlled drug or substance, either directly or indirectly by 4 |
|---|
| 84 | + | extraction from substances of natural origin, or independently by means of 5 |
|---|
| 85 | + | chemical synthesis or by a combination of extraction and chemical synthesis. A 6 |
|---|
| 86 | + | manufacturer includes any person who packages, repackages, or labels any 7 |
|---|
| 87 | + | container of any controlled drug or substance, except practitioners who dispense 8 |
|---|
| 88 | + | or compound does not include a practitioner who dispenses or compounds 9 |
|---|
| 89 | + | prescription orders for delivery to the ultimate consumer; 10 |
|---|
| 90 | + | (14)(16) "Marijuana," all parts of any plant of the genus cannabis, whether growing or 11 |
|---|
| 91 | + | not; the seeds thereof; and every compound, manufacture, salt, derivative, 12 |
|---|
| 92 | + | mixture, or preparation of such plant or its seeds. The term does not include fiber 13 |
|---|
| 93 | + | produced from the mature stalks of the plant, or oil or cake made from the seeds 14 |
|---|
| 94 | + | of the plant, or the resin when extracted from any part of the plant, or a drug 15 |
|---|
| 95 | + | product approved by the United States Food and Drug Administration. The term 16 |
|---|
| 96 | + | does not include the plant Cannabis sativa L. and any part of that plant, including 17 |
|---|
| 97 | + | the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, 18 |
|---|
| 98 | + | and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol 19 |
|---|
| 99 | + | concentration of not more than three-tenths of one percent on a dry weight basis; 20 |
|---|
| 100 | + | (15)(17) "Narcotic drug," any of the following, whether produced directly or indirectly by 21 |
|---|
| 101 | + | extraction from substances of vegetable origin or independently by means of 22 |
|---|
| 102 | + | chemical synthesis, or by a combination of extraction and chemical synthesis: 23 |
|---|
| 103 | + | (a) Opium, coca leaves, or opiates; 24 |
|---|
| 104 | + | (b) A compound, manufacture, salt, derivative, or preparation of opium, coca 25 |
|---|
| 105 | + | leaves, or opiates; 26 |
|---|
| 106 | + | (c) A substance, and any compound, manufacture, salt, derivative, or 27 |
|---|
| 107 | + | preparation thereof, that is chemically identical to any of the substances 28 |
|---|
| 108 | + | referred to in subsections (a) and (b) of this subdivision; 29 |
|---|
| 109 | + | The term, narcotic drug, does not include decocainized coca leaves or extracts of 30 |
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| 110 | + | coca leaves, which extracts do not contain cocaine or ecgonine; 31 |
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| 111 | + | (16)(18) "Opiate" or "Opioid," "opioid," any controlled drug or substance having an 32 |
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| 112 | + | addiction-sustaining liability similar to morphine or being capable of conversion 33 |
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| 113 | + | into a drug having such addiction-forming or addiction-sustaining liability; 34 25.101.10 4 1056 |
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| 114 | + | Underscores indicate new language. |
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| 115 | + | Overstrikes indicate deleted language. |
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| 116 | + | (17)(19) "Opium poppy," the plant of the species papaver somniferum L., except the 1 |
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| 117 | + | seeds thereof; 2 |
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| 118 | + | (18)(20) "Person," any corporation, association, limited liability company, partnership, 3 |
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| 119 | + | or one or more individuals; 4 |
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| 120 | + | (19)(21) "Poppy straw," all parts, except the seeds, of the opium poppy, after mowing; 5 |
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| 121 | + | (20)(22) "Practitioner,": 6 |
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| 122 | + | (a) A physician licensed pursuant to chapter 36-4, a physician assistant licensed 7 |
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| 123 | + | pursuant to chapter 36-4A, a dentist licensed pursuant to chapter 36-6A, 8 |
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| 124 | + | an optometrist licensed pursuant to chapter 36-7, a podiatrist licensed 9 |
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| 125 | + | pursuant to chapter 36-8, a certified registered nurse anesthetist licensed 10 |
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| 126 | + | pursuant to chapter 36-9, a certified nurse practitioner or certified nurse 11 |
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| 127 | + | midwife licensed pursuant to chapter 36-9A, a pharmacist licensed pursuant 12 |
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| 128 | + | to chapter 36-11, or a veterinarian licensed pursuant to chapter 36-12; 13 |
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| 129 | + | (b) A government employee acting within the scope of employment; and 14 |
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| 130 | + | (c) A person permitted by a certificate issued by the department to distribute, 15 |
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| 131 | + | dispense, conduct research with respect to, or administer a substance 16 |
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| 132 | + | controlled by this chapter; 17 |
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| 133 | + | (21) "Prescribe," (23) "Prescription," an order of a practitioner for a controlled drug or 18 |
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| 134 | + | substance; 19 |
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| 135 | + | (22)(24) "Production," the manufacture, planting, cultivation, growing, or harvesting of 20 |
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| 136 | + | a controlled drug or substance; 21 |
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| 137 | + | (23)(25) "Ultimate user," a person who lawfully possesses a controlled drug or substance 22 |
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| 138 | + | for personal use or for the use of a member of the person's household, or for 23 |
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| 139 | + | administration to an animal owned by the person or by a member of the person's 24 |
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| 140 | + | household. 25 |
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| 141 | + | Section 2. That § 34-20B-115 be AMENDED: 26 |
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| 142 | + | 34-20B-115. The Any of the following actions are unlawful: 27 |
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| 143 | + | (1) To knowingly sell or distribute a kratom product to a person under the age of 28 |
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| 144 | + | twenty-one; 29 |
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| 145 | + | (2) The purchase or attempt to purchase, the receipt or attempt to receive, the 30 |
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| 146 | + | possession, or the consumption of a kratom product by a person under the age of 31 |
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| 147 | + | twenty-one; and or 32 25.101.10 5 1056 |
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| 148 | + | Underscores indicate new language. |
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| 149 | + | Overstrikes indicate deleted language. |
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| 150 | + | (3) To purchase a kratom product on behalf of, or to give a kratom product to, any 1 |
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| 151 | + | person under the age of twenty-one, unless the purchaser is a parent or guardian 2 |
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| 152 | + | of the person under the age of twenty-one. 3 |
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| 153 | + | Kratom, for the purposes of this section, is a substance that contains 7 -4 |
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| 154 | + | hydroxymitragynine, Mitragynine, or Mitragynine pseudoindoxyl. A violation of this section 5 |
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| 155 | + | is a Class 2 misdemeanor. 6 |
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| 156 | + | Section 3. That a NEW SECTION be added to chapter 34-20B: 7 |
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| 157 | + | No person may prepare, sell, or distribute a kratom product that: 8 |
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| 158 | + | (1) Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater 9 |
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| 159 | + | than two percent of the alkaloid composition of the product; 10 |
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| 160 | + | (2) Contains synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other 11 |
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| 161 | + | synthetic alkaloid or synthetically derived compound from the Mitragyna speciosa 12 |
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| 162 | + | plant; 13 |
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| 163 | + | (3) Contains a poisonous or otherwise deleterious non -kratom substance, including 14 |
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| 164 | + | any substance designated as a controlled substance by this chapter; 15 |
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| 165 | + | (4) Is mixed or packed with a non-kratom substance that affects the quality or strength 16 |
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| 166 | + | of the kratom product, rendering the product injurious to a customer; 17 |
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| 167 | + | (5) Does not include on its package or label the recommended serving size of the 18 |
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| 168 | + | kratom product, a recommended number of servings that can be safely consumed 19 |
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| 169 | + | in a twenty-four-hour period, and a list of servings per container; 20 |
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| 170 | + | (6) Does not include on its package or label the amount of mitragynine and 7 -21 |
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| 171 | + | hydroxymitragynine contained in the kratom product; or 22 |
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| 172 | + | (7) Does not include on its package or label the following warning statement: "Consult 23 |
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| 173 | + | a licensed, qualified healthcare professional before consuming this product. Not for 24 |
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| 174 | + | use by women who are pregnant, nursing, or trying to become pregnant." 25 |
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| 175 | + | A violation of this section is a Class 2 misdemeanor. 26 |
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