ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: HHS DPA 5-2-1-0 I 3rd Read 26-4-0-0

House: MAPS DPA 9-3-1-1

SB 1339: kratom products; enforcement; financial institutions

Sponsor: Senator Borrelli, LD  5

Caucus & COW

Overview

Prohibits a state agency from taking any enforcement action against a person that sells kratom unless the United States Drug Enforcement Administration (DEA) classifies kratom as a schedule I substance.

History

Mitragyna Speciosa, also known as kratom, is a tropical tree native to Southeast Asia, with leaves that contains compounds that can have psychotropic effects. Kratom product is a food product or dietary ingredient containing any part of the leaf of the mitragyna speciosa plant (A.R.S § 36-795).

Schedule I drugs, substances or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse (DEA).

The mission of DEA is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction.

Provisions

1.   Prohibits a state agency from taking any enforcement action against a person that sells kratom products or its constituent alkaloids when the products are offered for sale as a food or dietary ingredient, unless the United States DEA classifies kratom or its constituent alkaloids as a schedule I substance. (Sec. 4)

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteReplaces the term dealer with the term retailer. (Sec. 1)

3.   Makes conforming changes. (Secs. 1-4)

Amendments

Committee on Military Affairs & Public Safety

1.   Modifies the definition of kratom product to mean a food product or dietary ingredient containing any part of the leaf of the plant mitragyna speciosa that is not contaminated or adulterated with a dangerous non-kratom substance.

2.   Prohibits a government entity, rather than a state agency, from taking any enforcement action against a person that sells kratom products when the products are offered for sale as a food or dietary ingredient, unless the US DEA classifies kratom as a schedule I substance.

3.   States that this does not authorize or permit the manufacturing, preparation or sale of contaminated or adulterated kratom products.

 

 

 

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                        SB 1339

Initials ES/SM Page 0 Caucus & COW

 

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