All Roll Calls
Yes: 446 • No: 72
NebraskaLB230109th Legislature 1st and 2nd SessionslegislatureWALLET
Adopt the Kratom Consumer Protection Act, regulate nitrous oxide, and change the Uniform Controlled Substances Act
Sponsored By: Bob Hallstrom
Signed by Governor
Judiciary Committee
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 2 benefits, 2 costs, 3 mixed.
Ban on consumer nitrous oxide sales
The law bans businesses from selling, giving, or letting consumers take nitrous oxide or flavored nitrous oxide products. Allowed uses include denatured non‑flavored gas, industrial manufacturing, automotive, doctor‑ or dentist‑prescribed gas, and food‑propellant uses. Shipments to a Nebraska foreign‑trade zone are allowed if the product comes from outside the U.S., is ordered by an out‑of‑state distributor, and is not distributed in Nebraska; government employees are exempt when acting in official duties. Penalties include a $2,500 civil fine per offense, criminal misdemeanors, and seizure, forfeiture, and destruction of products with seizure costs charged to the owner. A carrier that knowingly transports products for a violating business can be guilty of a Class II misdemeanor, and violations count as deceptive trade practices.
Penalties, hearings, and defenses for kratom
Beginning July 1, 2025, civil penalties apply for kratom violations: up to $1,000 for a first, up to $5,000 for a second, and $5,000–$20,000 for later violations. After a third or later violation, a processor’s products are banned from sale in Nebraska for three years. A clean four‑year period resets you to first‑violation status. You can request a hearing within 20 days of a denial or violation notice. A retailer can defend a sale by proving it reasonably relied on a processor’s claim that the product met the law. If a processor is convicted of violating the Act, or an applicant is convicted of perjury for a false filing, the state can take the registration certificate and fees, and an intentional, material falsification makes a processor ineligible for registration for 12 months.
New safety and labeling for kratom
Beginning July 1, 2025, kratom must be made or held in facilities that meet 21 C.F.R. Part 111 and have FDA food‑facility registration. Products cannot contain synthesized kratom chemicals, must keep 7‑hydroxymitragynine at 2% or less, and cannot be combustible, for vaping, or injectable. Packages must carry clear warnings, serving directions, and list key alkaloids. Products cannot be designed to look attractive to kids. Selling adulterated or drug‑mixed kratom is banned, and the state can order an independent lab test if it suspects adulteration.
Annual kratom registration and transition rules
The Department of Revenue runs a kratom product registration program that starts by January 1, 2026. Processors must file yearly registrations with an ISO/IEC 17025 lab test showing alkaloid content and under 2% 7‑hydroxymitragynine, a GMP certificate for 21 C.F.R. Part 111, and a current FDA food‑facility registration. Certificates last one calendar year, are not transferable, and the state may charge fees to cover costs. The state also posts a public list of registered products. If your business was operating in Nebraska on January 1, 2025, you may keep selling before the program starts and while your first application is pending.
No kratom sales under 21
Beginning July 1, 2025, no one may sell or give kratom to anyone under 21 in Nebraska. Stores must check age. Online sellers and marketplaces must use an age‑verification system. This limits youth access to kratom.
Statewide kratom enforcement and one rulebook
Beginning July 1, 2025, local governments cannot set kratom rules that are stricter than state law. The Department of Revenue can make rules to carry out the Act. The Attorney General enforces the kratom law under state consumer‑protection laws. The Act does not create a private right of action.
Drug schedules and enforcement fund updates
Beginning July 1, 2025, Nebraska updates the lists and definitions for Schedule I and II controlled substances. Prior versions of sections 28‑405 and 77‑5601 are repealed to make way for the new text. Also starting July 1, 2025, the Department of Revenue Enforcement Fund can receive kratom‑related money to pay program costs, and investment earnings beginning October 1, 2024 go to the General Fund.
Sponsors & Cosponsors
Sponsor
Bob Hallstrom
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/24/2026
Vote
Yes: 4 • No: 36 • Other: 9
legislature vote • 4/24/2026
Vote
Yes: 37 • No: 0 • Other: 12
legislature vote • 4/24/2026
Vote
Yes: 39 • No: 0 • Other: 10
legislature vote • 4/24/2026
Vote
Yes: 33 • No: 0 • Other: 16
legislature vote • 4/24/2026
Vote
Yes: 28 • No: 0 • Other: 21
legislature vote • 4/24/2026
Vote
Yes: 38 • No: 0 • Other: 11
legislature vote • 5/14/2025
Final Reading
Yes: 49 • No: 0
legislature vote • 3/18/2025
Vote
Yes: 4 • No: 36 • Other: 9
legislature vote • 3/18/2025
Vote
Yes: 28 • No: 0 • Other: 21
legislature vote • 3/18/2025
Vote
Yes: 33 • No: 0 • Other: 16
legislature vote • 3/18/2025
Vote
Yes: 37 • No: 0 • Other: 12
legislature vote • 2/27/2025
Vote
Yes: 38 • No: 0 • Other: 11
legislature vote • 2/27/2025
Vote
Yes: 39 • No: 0 • Other: 10
legislature vote • 2/27/2025
Vote
Yes: 39 • No: 0 • Other: 10
Actions Timeline
Provisions/portions of LB184 amended into LB230 by AM689
6/6/2025legislatureProvisions/portions of LB475 amended into LB230 by AM577
6/6/2025legislatureApproved by Governor on May 15, 2025
5/15/2025legislatureCavanaugh, M. MO102 withdrawn
5/14/2025legislatureCavanaugh, M. FA49 withdrawn
5/14/2025legislatureCavanaugh, M. FA50 withdrawn
5/14/2025legislatureDispensing of reading at large approved
5/14/2025legislaturePassed on Final Reading with Emergency Clause 49-0-0
5/14/2025legislaturePresident/Speaker signed
5/14/2025legislaturePresented to Governor on May 14, 2025
5/14/2025legislaturePlaced on Final Reading with ST14
3/26/2025legislatureEnrollment and Review ST14 filed
3/26/2025legislatureEnrollment and Review ST14 recorded
3/26/2025legislatureCavanaugh, J. MO93 Bracket until June 9, 2025 filed
3/18/2025legislatureCavanaugh, J. MO93 failed
3/18/2025legislatureCavanaugh, J. MO94 Reconsider the vote taken on MO93 filed
3/18/2025legislatureCavanaugh, J. MO94 withdrawn
3/18/2025legislatureHallstrom AM597 adopted
3/18/2025legislatureBosn AM600 withdrawn
3/18/2025legislatureDeKay AM689 adopted
3/18/2025legislatureRiepe AM577 adopted
3/18/2025legislatureAdvanced to Enrollment and Review for Engrossment
3/18/2025legislatureCavanaugh, M. MO102 Recommit to the Judiciary Committee filed
3/18/2025legislatureCavanaugh, M. FA49 filed
3/18/2025legislatureCavanaugh, M. FA50 filed
3/18/2025legislature
Bill Text
Introduced
6/6/2025
Enrolled / Slip Law
Final / Enacted