Kratom regulation bill expanded, advanced

Lawmakers amended a proposal to regulate kratom products in Nebraska before giving the bill second round approval March 18.

LB230, introduced by Syracuse Sen. Bob Hallstrom, would adopt the Kratom Consumer Protection Act and require kratom products sold in Nebraska to comply with federal and state manufacturing, packaging and label requirements.

The measure would prohibit the sale of kratom to anyone under 21 years of age, require online age-verification systems for e-commerce and ban the manufacture or sale of products aimed at children. Additionally, the bill would mandate that kratom products meet specific labeling requirements, including warnings about product use during pregnancy or breastfeeding and a disclaimer that the product is not intended to diagnose or treat any disease.

Under the bill, the state Department of Revenue would be required to establish and oversee a registry of kratom products approved for sale in Nebraska, which would be available on the department’s website.

Niobrara Sen. Barry DeKay offered an amendment on select file to add revised provisions of his LB184, which would ban the sale of flavored and certain other nitrous oxide products. The bill includes exceptions for nitrous oxide products used for industrial, dental, medical, automotive or food preparation purposes.

A business that violates the provisions would be subject to civil and criminal misdemeanor penalties, which also would apply to a common carrier who knowingly transports flavored nitrous oxide products to such a business. Shipments not distributed in Nebraska would be exempt.

DeKay said nitrous oxide has legitimate uses, such as in spray cheese and canned whipped cream, but currently is being marketed in flavored form in vape shops and liquor stores in a “deliberate effort” to encourage misuse of the product by minors.

“LB184 represents an effort to try to put more guardrails [on] the retail sale of nitrous oxide propellant products, sometimes known as whippets,” DeKay said.

The measure does not address or penalize possession, he said, and instead focuses on businesses.

The amendment was adopted on a 33-0 vote.

Sen. Merv Riepe of Ralston also offered an amendment to incorporate amended provisions of his LB475. Those provisions would add tianeptine, its salts and isomers to the list of Schedule II drugs in the state’s Controlled Substances Act.

Riepe said the drug, often called “gas station heroin,” is marketed as a cognitive enhancer but can act as an opioid antagonist in high doses and carries a significant overdose risk.

A third amendment was offered and later withdrawn by Lincoln Sen. Carolyn Bosn, which would have added provisions of her LB6 to provide for a penalty enhancement for a controlled substances violation resulting in serious bodily injury or death.

Sen. John Cavanaugh of Omaha expressed concern about Bosn’s amendment and the number and scope of proposals being added to the underlying LB230. He offered a series of motions to extend debate, but withdrew those that hadn’t been voted on after Bosn pulled her amendment.

After adopting the Riepe amendment 28-0, lawmakers advanced LB230 to final reading by voice vote.