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LB 431

Prohibit kratom as a controlled substance

109th Legislature (2025-2026) Introduced by Loren Lippincott

LB431 adds kratom alkaloids Mitragynine and 7-hydroxymitragynine to Nebraska’s controlled substances list, prohibiting possession, sale, and distribution.

Title printed. Carryover bill
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Bill Summary · LB 431

LB431 Summary — Nebraska 109th Legislature, First Session (2025)

Overview
- Bill Number: LB431
- Title: Prohibit kratom as a controlled substance
- Purpose: Add kratom-related alkaloids to Nebraska’s controlled substances list under the Uniform Controlled Substances Act, effectively prohibiting kratom and certain forms in the state.
- Status: Referred to the Judiciary Committee
- Introduced: January 17, 2025
- Principal Introducer: Senator Loren Lippincott (with co-introducers)

Core Purpose and Intent
- LB431 seeks to restrict and regulate kratom by adding Mitragynine (the primary active alkaloid in kratom) and its synthetic forms, as well as 7-hydroxymitragynine, to Nebraska’s controlled substance schedules. The bill aims to prevent possession, distribution, manufacture, or use of these substances outside legal medical or research contexts.

Key Provisions
- Amendment of the Uniform Controlled Substances Act: The bill amends sections 28-401 and 28-405 (as revised) to incorporate kratom-related compounds into the state’s controlled substances framework.
- Defined Scope: Specifically targets Mitragynine, its synthetic derivatives, and 7-hydroxymitragynine.
- Repeal and Replace: The bill states that it will repeal the original sections as part of the amendment process, consolidating the new controlled-substance definitions and schedules.
- Administrative and Enforcement Context: Incorporates kratom within the department, division, and terms used in the Uniform Controlled Substances Act (e.g., “controlled substance,” “dispense,” “distribute,” “administer,” etc.), aligning kratom regulations with existing enforcement and penalties under Nebraska law.

Who Would Be Affected
- Individuals and entities handling kratom or its active constituents (Mitragynine, 7-hydroxymitragynine) in Nebraska, including:
- Consumers possessing kratom outside approved medical or research contexts
- Retailers, distributors, manufacturers, and online sellers
- Healthcare and research practitioners who may interact with kratom in clinical or investigative settings
- Law enforcement and regulatory agencies enforcing the Uniform Controlled Substances Act (e.g., Nebraska State Patrol’s Division of Drug Control, Department of Health and Human Services)

Procedural and Timeline Aspects
- Introduction and referral: Introduced January 17, 2025; referred to the Judiciary Committee.
- Hearing: Committee hearing noted for January 29, 2025 (per the Introducer’s Statement of Intent).
- Next steps: If advanced, LB431 would move through committee deliberations, potential amendments, and floor debate/votes in the Nebraska Legislature. Passage would require approval by both chambers and the governor.

Notes on Content and Context
- The bill positions kratom and its primary alkaloids within existing controlled-substance scheduling mechanisms, implying enhanced penalties and stricter regulation for possession, distribution, and manufacture.
- No explicit effective date is provided in the provided text; timelines would follow Nebraska’s standard legislative and regulatory enactment process if enacted.

Compiled from official sources — confirm details with the bill’s official record.

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