HB968: HB968 Controlled substances; mitragynine and hydroxymitragynine (7-OH) are Schedule I; provide

26 LC 48 1816S The House Committee on Judiciary, Non Civil offers the following substitute to HB 968: A BILL TO BE ENTITLED AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to1 controlled substances, so as to revise the regulation of kratom and kratom products; to2 designate certain kratom alkaloid derivatives, metabolites, and analogs as controlled3 substances; to provide definitions; to provide for limitations on the sale of kratom and kratom4 products; to provide for the availability of a licensed pharmacist; to provide for a real-time5 electronic logging system; to provide for nondisclosure of information; to provide for access6 to records by law enforcement agencies; to provide for violatio ns, civil liability, and7 punishment; to prohibit the sale of any kratom product as a pressed tablet or compressed pill;8 to prohibit the sale of multi-serving kratom products; to revis e labeling requirements; to9 provide for warnings; to prohibit advertising or marketing toward minors; to limit advertising10 or marketing; to provide for penalties; to provide for related matters; to provide for an11 effective date and applicability; to repeal conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 H. B. 968 (SUB) - 1 - 26 LC 48 1816S SECTION 1.14 Chapter 13 of Title 16 of the Official Code of Georgia Annotate d, relating to controlled15 substances, is amended in Part 1 of Article 2, relating to schedules, offenses, and penalties,16 by revising paragraph (4) of Code Section 16-13-21, relating to definitions, as follows:17 "(4) 'Controlled substance' means a drug, substance, or immedia t e p r e c u r s o r i n18 Schedules I through V of Code Sections 16-13-25 through 16-13-2 9 and Schedules I19 through V of 21 C.F.R. Part 1308. Such term shall include any synthetic or semisynthetic20 derivatives, alkaloid derivatives, analogs, concentrations, or metabolites of Mitragyna21 speciosa or kratom as identified in paragraph (23) of Code Section 16-13-25."22 SECTION 2.23 Said chapter is further amended in said part by revising Code Section 16-13-25, relating to24 Schedule I, by substituting a semicolon for the period at the e nd of paragraph (22) and by25 adding a new paragraph to read as follows:26 "(23) Any material, compound, mixture, or preparation which contains any quantity of27 the following synthetic or semisynthetic derivatives, alkaloid derivatives, analogs,28 concentrations, or metabolites of Mitragyna speciosa or kratom:29 (A) 7-hydroxymitragynine (7-OH or 7-OHM);30 (B) Mitragynine or mitragynine pseudoindoxyl;31 (C) MGM-15;32 (D) MGM-16;33 (E) 7-Acetoxymitragynine; and34 (F) Any other synthetic or semisynthetic derivatives, alkaloid derivatives, analogs,35 concentrations, or metabolites of Mitragyna speciosa or kratom."36 H. B. 968 (SUB) - 2 - 26 LC 48 1816S SECTION 3.37 Said chapter is further amended in Article 6, relating to krato m, by revising Code Section38 16-13-120, relating to definitions, as follows:39 "16-13-120.40 As used in this article, the term:41 (1) 'Adulterated' has the same meaning as provided for in Code Section 26-2-26.42 (2) 'Kratom' means the tropical evergreen known as Mitragyna speciosa, which is native43 to Southeast Asia and contains t he alkaloid mitragynine or meta bolite44 7-hydroxymitragynine.45 (3) 'Kratom extract' means a kratom product that has been modi fied, processed, or46 otherwise manufactured with a food-grade solvent.47 (4) 'Kratom product' means a natural product containing any made from part of the leaf48 of the kratom plant mitragyna whether sold as a powder, capsule, pill, beverage, or49 extract, or other form.50 (5) 'Pharmacist' shall have the same meaning as set forth in Code Section 26-4-5.51 (6) 'Pharmacy' shall have the same meaning as set forth in Code Section 26-4-5.52 (7) 'Processor' means a person or entity that prepares, manufactu res, distributes, or53 maintains kratom products or that advertises, represents, or holds itself out as preparing,54 manufacturing, distributing, or maintaining kratom products. Such term shall include a55 retailer to the extent such retailer engages in the business of a processor.56 (8) 'Real-time electronic logging system' means an electronic system approved by the57 Georgia Bureau of Investigation which is operated in real time and which can track58 required information and generate a stop sale alert to notify a processor or retailer that a59 purchase of any kratom product which fails to comply with the requirements set forth in60 this Code section is being attempted. Such system shall:61 (A) Contain an override function that will not only allow a pr ocessor or retailer to62 complete a sale in violation of this Code section when the person making the sale is in63 H. B. 968 (SUB) - 3 - 26 LC 48 1816S reasonable fear of imminent bodily harm if he or she does not complete the sale but also64 will track any override sale made;65 (B) Be accessible to the state, the State Board of Pharmacy, p rocessors, retailers,66 pharmacies, and law enforcement agencies, without a charge or f ee, including a67 transaction fee; and68 (C) Have real-time interstate communicability with similar systems in other states.69 (9) 'Required information' means the full name and address of the purchaser; the type of70 government issued photographic identification presented, includ ing the issuer and71 identification number; a description of the kratom product purchased; and the date and72 time of the purchase.73 (10) 'Retailer' means a person or entity that sells or holds itsel f out as selling kratom74 products at retail to the general public, including, but not li mited to, online or by mail75 order; provided, however, that such person or entity shall also be i ncluded within the76 definition of 'processor' as set forth in this Code section to the extent that he or she77 engages in the business of a processor. Such term shall include any owner, operator, or78 manager of any entity that sells kratom products at retail but shall not include a store79 employee at a retailer's place of business when such employee d oes not exercise any80 control over such retailer's business or the selection of kratom products to be sold at such81 retailer's business."82 SECTION 4.83 Said chapter is further amended in said article by revising Code Section 16-13-121, relating84 to possession by individual under age 21, sale, and penalty, as follows:85 "16-13-121.86 (a)(1) No person shall knowingly sell or transfer possession o f any kratom, kratom87 product, or kratom extract to another person under 21 years of age, nor shall any person88 under 21 years of age purchase or possess any kratom, kratom product, or kratom extract.89 H. B. 968 (SUB) - 4 - 26 LC 48 1816S (2)(A) The prohibition contained in paragraph (1) of this subs ection shall not apply90 with respect to the sale or transfer of possession of kratom, kratom product, or kratom91 extract by a person when such person has been furnished with pr oper identification92 showing that the individual to whom the kratom, kratom product, or kratom extract is93 sold or transferred is 21 years of age or older.94 (B) In any case when a reasonable or prudent person could reasonably be in doubt as95 to whether or not the individual to whom kratom, kratom product, or kratom extract is96 to be sold or transferred is actually 21 years of age or older, it shall be the duty of such97 person to request to see and to be furnished with proper identification. The failure to98 make such request and verification may be considered by the trier of fact in determining99 whether such person did knowingly sell or transfer possession i n violation of100 paragraph (1) of this subsection.101 (b) No person shall ingest kratom in a manner that employs a h eating element, power102 source, electronic circuit, or other electronic, chemical, or mechanical means, regardless103 of shape or size, that can be used to produce vapor in a solution or other form, including,104 but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic105 pipe, or similar product or device and any vapor cartridge or other container of kratom in106 a solution or other form that is intended to be used with or in an electronic cigarette,107 electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.108 (c) No person shall sell, deliver, cause to be delivered, or a ssist in the delivery of any109 kratom in or to this state that can be ingested in a manner that violates subsection (b) of this110 Code section.111 (d) No person processor or retailer shall offer for sale or sell any kratom or kratom product112 in this state unless:113 (1) The kratom or kratom product is a natural product made fro m part of the leaf of a114 kratom plant grown in the United States of America;115 H. B. 968 (SUB) - 5 - 26 LC 48 1816S (2) The kratom or kratom such product is behind a counter in an area only accessible to116 store employees or in a secured display which is only accessible with the intervention of117 a store employee;118 (3) A licensed pharmacist is present at such counter or available by means of real-time119 two-way audio, visual, or other telecommunications or electroni c communications to120 answer any questions about the use of kratom or kratom products and risks of interactions121 with prescription drugs or contraindications for certain conditions, illnesses, or diseases;122 and123 (4)(A) On and after January 1, 2027, the processor or retailer shall, before completing124 the sale of any kratom or kratom product, electronically track all such sales and submit125 the required information to a real-time logging system and maintain a record of required126 information for each sale for a period of two years from the da te of each transaction,127 after which such record may be destroyed. All written and electronic logs or records128 shall not be disclosed except that law enforcement agencies sha ll be provided129 immediate access upon request.130 (B) If a processor or retailer selling any kratom or kratom pr oducts experiences131 mechanical or electronic failure of the real-time electronic logging system and is unable132 to comply with the requirements of this paragraph, the person shall maintain a written133 log or an alternative electronic recording mechanism until such time as the person is134 able to comply with the electronic logging requirement.135 (C) Absent negligence, wantonness, recklessness, or deliberate misconduct, any person136 utilizing the real-time electronic logging system in accordance with this paragraph shall137 not be civilly liable as a result of any act or omission in carrying out the duties required138 by this paragraph and shall be immune from liability to any thi rd party unless the139 person has violated any provision of this paragraph in relation to a claim brought for140 such violation.141 H. B. 968 (SUB) - 6 - 26 LC 48 1816S (D) The Georgia Bureau of Investigation shall provide real-time access to records on142 such logging system through an online portal to law enforcement agencies in this state.143 (e)(1) Except as provided in paragraphs (2) and (3) of this subsection, any Any person144 that commits an act in violation of this Code section shall be guilty of a misdemeanor;145 provided, however, that, for a conviction of a first offense, s uch individual shall be146 punished by a fine not to exceed $250.00; for a conviction of a second offense, such147 individual shall be punished by a fine of up to $500.00; and fo r a conviction of a third148 offense and each subsequent offense, such individual shall be p unished by a fine of up149 to $1,000.00.150 (2)(A) A processor who knowingly or with criminal negligence c ommits an act in151 violation of this Code section shall, upon a first conviction t hereof, be guilty of a152 misdemeanor of a high and aggravated nature, and upon a subsequ ent conviction, be153 guilty of a felony, and shall be punished by imprisonment for not less than one year nor154 more than 15 years, by a fine not to exceed $100,000.00, or both.155 (B) A processor who negligently commits an act in violation of this Code section shall156 be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00 per violation.157 (3)(A) A retailer who knowingly or with criminal negligence co mmits an act in158 violation of this Code section shall, upon a first conviction t hereof, be guilty of a159 misdemeanor of a high and aggravated nature, and upon a subsequ ent conviction, be160 guilty of a felony, and shall be punished by imprisonment for not less than one year nor161 more than 15 years, by a fine not to exceed $100,000.00, or both.162 (B) A retailer who negligently commits an act in violation of this Code section shall163 be guilty of a misdemeanor; provided, however, that, for a conviction of a first offense,164 such retailer shall be punished by a fine not to exceed $250.00 ; for a conviction of a165 second offense, the retailer shall be punished by a fine of up to $500.00; and for a166 conviction of a third offense, such retailer shall be punished by a fine of up to167 $1,000.00; provided, further, that upon each subsequent convict ion after a third168 H. B. 968 (SUB) - 7 - 26 LC 48 1816S conviction, the retailer shall be guilty of a high and aggravated misdemeanor and shall169 be imprisoned for not less than ten days nor more than 12 month s and punished by a170 fine of not less than $1,000.00 nor more than $5,000.00."171 SECTION 5.172 Said chapter is further amended in said article by revising Code Section 16-13-122, relating173 to content of kratom and required labeling, as follows:174 "16-13-122.175 (a) All kratom products sold in, or delivered to, this state shall be derived from the natural176 kratom plant, and any manufactured or processed kratom product, including kratom177 extracts, shall not be modified, chemically or otherwise, proce ssed, synthesized, or178 otherwise treated in any way that increases the levels of mitra gynine or179 7-hydroxymitragynine, beyond those described in subsection (b) of this Code section.180 (b) No kratom product sold in, or delivered to, this state shall have a concentration ratio181 that is:182 (1) Greater than 150 mg of mitragynine per serving;183 (2) Greater than 0.5 mg of 7-hydroxymitragynine per gram; or184 (3) Greater than 1 mg of 7-hydroxymitragynine per serving.185 (c) A No processor or retailer shall not prepare, distribute, sell, or expose for sale any of186 the following:187 (1) A kratom product that is adulterated;188 (2) A kratom product that contains or uses in its processing o r manufacturing a food189 substance that is not generally recognized as safe in food products;190 (3) A kratom product containing any synthetic alkaloids or semisynthetic derivative,191 alkaloid derivative, analog, concentration, or metabolite, including synthetic mitragynine,192 synthetic 7-hydroxymitragynine, or any other synthetically deri ved compounds of the193 kratom plant; or194 H. B. 968 (SUB) - 8 - 26 LC 48 1816S (4) A kratom product in a pressed tablet or compressed pill fo rm or in a form that195 employs a heating element, power source, electronic circuit, or other electronic, chemical,196 or mechanical means, regardless of shape or size, that can be used to produce vapor in a197 solution or other form, including, but not limited to, any electronic cigarette, electronic198 cigar, electronic cigarillo, electronic pipe, or similar produc t or device and any vapor199 cartridge or other container of kratom in a solution or other f orm that is intended to be200 used with or in an electronic cigarette, electronic cigar, elec tronic cigarillo, electronic201 pipe, or similar product or device; or202 (5) A kratom product in any container, pouch, bottle, or packa ging that contains more203 than one serving of such product.204 (d) A processor shall maintain a registered agent in this state for service of process for the205 entire duration of such entity's engagement in the business of a processor.206 (e) Kratom packaging shall be accompanied by a label bearing the following information207 prior to its sale in this state:208 (1) Clearly labeled ingredients;209 (2) That the sale or transfer possession of kratom to another person under 21 years of age210 is prohibited;211 (3) The amount in milligrams of mitragynine and 7-hydroxymitragynine per serving212 contained in such product;213 (4) The total amount in milligrams of mitragynine and 7-hydroxymitragynine contained214 in the packaging for such product;215 (5) The common or usual name of each ingredient used in the ma nufacture of such216 product, listed in descending order of predominance;217 (6) The name, physical address, and principal mailing address of the manufacturer or the218 person responsible for distributing such product;219 H. B. 968 (SUB) - 9 - 26 LC 48 1816S (7) Clear and adequate directions for the consumption of such product, including the220 recommended serving size and the time frame within which safe c onsumption should221 occur;222 (8) Any precautionary statements as to the safety and effectiv eness of such product,223 including a warning that, but not limited to, the following statements in large boldfac e224 type:225 (A) A a consumer should consult their his or her physician on questions about use of226 kratom and kratom products,;227 (B) A licensed pharmacist is available to answer any questions about the use of kratom228 and kratom products and the risk of interactions with prescript ion drugs and229 contraindications for certain conditions, illnesses, or diseases;230 (C) The use of kratom or kratom products during pregnancy is not considered safe and231 is strongly associated with serious adverse effects; and232 (D) Kratom and kratom products are state that the product is not intended to 'diagnose,233 treat, cure or prevent any disease'; and234 (9) A statement that a kratom product label is prohibited from making any therapeutic235 claims unless approved by the United States Food and Drug Administration. The Georgia236 Poison Center Helpline 1-800-222-1222.237 (f)(1) A processor who knowingly or with criminal negligence c o m m i t s a n a c t i n238 violation of this Code section shall, upon a first conviction t hereof, be guilty of a239 misdemeanor of a high and aggravated nature, and upon a subsequ ent conviction, be240 guilty of a felony, and shall be punished by imprisonment for not less than one year nor241 more than 15 years, by a fine not to exceed $100,000.00, or both.242 (2) A processor who negligently commits an act in violation of this Code section shall243 be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00.244 (3) A processor whose label falsely declares or conceals the presence or concentration245 of mitragyinine or 7-hydroxymitragyinine shall be guilty of a f elony and shall be246 H. B. 968 (SUB) - 10 - 26 LC 48 1816S punished by imprisonment for not less than one year nor more than 15 years, by a fine not247 to exceed $100,000.00, or both.248 (g)(1) A retailer who knowingly or with criminal negligence commits an act in violation249 of subsection (a), (b), (c), or (e) of this Code section shall, upon a first conviction thereof,250 be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent251 conviction, be guilty of a felony, and shall be punished by imprisonment for not less than252 one year nor more than 15 years, by a fine not to exceed $100,000.00, or both.253 (2) A retailer who negligently commits an act in violation of subsection (a), (b), (c),254 or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that, for255 a conviction of a first offense, such individual shall be punished by a fine not to exceed256 $250.00; for a conviction of a second offense, such individual shall be punished by a fine257 of up to $500.00; and for a conviction of a third offense, such individual shall be258 punished by a fine of up to $1,000.00; provided, further, that upon each subsequent259 conviction after a third conviction, such individual shall be g uilty of a high and260 aggravated misdemeanor and shall be imprisoned for not less than ten days nor more than261 12 months and punished by a fine of not less than $1,000.00 nor more than $5,000.00.262 (3) A retailer shall have a defense to prosecution under this subsection if such retailer263 proves by a preponderance of the evidence that the retailer relied in good faith upon the264 representations of a processor that the kratom, kratom product, or kratom extract and265 labeling complied with the provisions of this Code section."266 SECTION 6.267 Said chapter is further amended in said article by adding a new Code section to read as268 follows:269 "16-13-123.270 (a) No person may directly or indirectly advertise a therapeut i c b e n e f i t o f k r a t o m o r271 kratom products.272 H. B. 968 (SUB) - 11 - 26 LC 48 1816S (b) No person may directly or indirectly advertise or market k ratom or kratom products273 to minors.274 (c) It shall be a violation of subsection (b) of this Code section for a person to use any of275 the following in the advertising, promotion, packaging, or labeling of any kratom or kratom276 products:277 (1) A cartoon;278 (2) A superhero;279 (3) A video game reference;280 (4) An image of a food product primarily intended for minors;281 (5) A trademark that imitates or mimics the trademark of a pro duct that has been282 advertised or marketed primarily to minors;283 (6) A symbol or celebrity that is primarily associated with mi nors or media primarily284 directed to minors; or285 (7) An image of an individual who appears to be under 21 years of age.286 (d) It shall be a violation of subsection (b) of this Code section for a person to advertise287 or promote kratom or a kratom product:288 (1) In a newspaper, a magazine, a periodical, or any other publication, including online289 social media, for which individuals under 21 years of age constitute 15 percent or more290 of the total audience, as measured by competent and reliable survey evidence;291 ( 2 ) A t a c o n c e r t , a s t a d i u m , a s p o r t i n g e v e n t, or a n y o t h e r public event for which292 individuals under 21 years of age constitute 15 percent or more of the total audience, as293 measured by competent and reliable survey evidence; or294 (3) On an out door billboard or sign board that is within 500 feet of any edu cational295 institution, public or private, providing elementary or secondary education to children at296 any level, kindergarten through grade 12, or the equivalent thereof if grade divisions are297 not used by such institution.298 H. B. 968 (SUB) - 12 - 26 LC 48 1816S (e) Any person that commits an act in violation of the provisions of this Code section shall299 be guilty of a misdemeanor and shall be subject to a fine of $500.00 for each offense. Each300 advertisement or marketing act in violation of this Code section shall constitute a separate301 offense."302 SECTION 7.303 This Act shall become effective on July 1, 2026, and shall apply to offenses committed on304 or after such date.305 SECTION 8.306 All laws and parts of laws in conflict with this Act are repealed.307 H. B. 968 (SUB) - 13 -