All Roll Calls
Yes: 446 • No: 72
NebraskaLB230109th Legislature 1st and 2nd Sessionslegislature
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
6 provisions identified: 2 benefits, 1 costs, 3 mixed.
Broader drug scheduling and new bans
The law updates controlled‑substance schedules. Many listed drugs are added to Schedule I, including groups like substituted tryptamines and synthetic cathinones. It also lists ANPP (a fentanyl precursor) and tianeptine in Schedule II. These changes tighten criminal and regulatory controls to support public‑safety enforcement.
Ban on nitrous oxide sales to consumers
Businesses cannot sell, give, or deliver nitrous oxide products or flavored nitrous oxide products to consumers in Nebraska. Exceptions include denatured gas, medical or dental use by prescription, industrial and automotive uses, food propellants, some foreign‑trade zone shipments, and government work. Common carriers that knowingly transport these products for a violating business commit a Class II misdemeanor. Violators face a $2,500 civil fine per offense, a Class II misdemeanor for a first crime, Class I for later crimes, and seizure and destruction of products at their expense. Breaking these rules is also a deceptive trade practice. The law defines what counts as a nitrous oxide product and a flavored product.
New statewide rules for kratom sales
The law sets a statewide system for kratom. No one may sell to anyone under 21, and online sellers must verify age. Labels must show warnings, directions, servings, and the mitragynine amount. Processors must follow federal good‑manufacturing rules (21 C.F.R. Part 111 as of Jan 1, 2025) and register with the FDA as a food facility. A product cannot be sold after the state’s start date unless it is registered, with lab proof from an ISO/IEC 17025 lab that 7‑hydroxymitragynine is under 2% and GMP and FDA papers included. Adulterated or child‑attractive products are banned, and the department can order third‑party testing. Penalties are up to $1,000 (first), $5,000 (second), and $5,000–$20,000 (third+), and a processor can face a three‑year sales ban after a third violation; hearings and appeals are allowed and a four‑year clean period resets penalties. The Attorney General enforces under consumer‑protection laws, there is no private lawsuit right, and local governments cannot add stricter rules. The state will post a public list of registered kratom products.
Revenue Enforcement Fund and amnesty split
The law creates the Department of Revenue Enforcement Fund and lets the state invest it. Starting October 1, 2024, investment earnings go to the General Fund. Money from the kratom program goes into this fund to run that program. Tax‑amnesty receipts go first to cities and highway funds for local sales and fuel taxes; of the rest, at least 80% goes to the General Fund and 10% to the Enforcement Fund, capped at $500,000, with any extra back to the General Fund. For FY2005–06, all fund proceeds pay for tax enforcement staff. In later years, up to $750,000 a year (20% of prior‑year proceeds tied to new auditors/investigators) and 10% of section 77‑367 contract proceeds are deposited to support enforcement.
Tight limits on OTC ephedrine purchases
Only Primatene Tablets and Bronkaid Dual Action Caplets may be sold over the counter. You must be 18 or older, show photo ID, and buy from a locked case or behind the counter. You can buy no more than 3.6 grams of ephedrine base in 24 hours and 9 grams in 30 days. Products must follow the OTC monograph, be made to reduce abuse, and not be marketed for euphoria, sex performance, or muscle gain.
When these new rules take effect
Sections 1–15, 17, 18, and 20 take effect July 1, 2025. Section 16 takes effect three months after the legislative session ends. The act declares an emergency, so it takes effect when passed and approved according to law. The law also repeals prior sections 28‑405 and 77‑5601.
Sponsors & Cosponsors
Sponsor
Bob Hallstrom
Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
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: 39 • No: 0 • Other: 10
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 • Unknown
Vote
Yes: 28 • No: 0 • Other: 21
legislature vote • Unknown
Vote
Yes: 38 • No: 0 • Other: 11
legislature vote • Unknown
Vote
Yes: 4 • No: 36 • Other: 9
legislature vote • Unknown
Vote
Yes: 39 • No: 0 • Other: 10
legislature vote • Unknown
Vote
Yes: 37 • No: 0 • Other: 12
legislature vote • Unknown
Vote
Yes: 33 • No: 0 • Other: 16
Actions Timeline
Provisions/portions of LB475 amended into LB230 by AM577
6/6/2025legislatureProvisions/portions of LB184 amended into LB230 by AM689
6/6/2025legislatureApproved by Governor on May 15, 2025
5/15/2025legislaturePresented to Governor on May 14, 2025
5/14/2025legislaturePresident/Speaker signed
5/14/2025legislaturePassed on Final Reading with Emergency Clause 49-0-0
5/14/2025legislatureDispensing of reading at large approved
5/14/2025legislatureCavanaugh, M. FA50 withdrawn
5/14/2025legislatureCavanaugh, M. FA49 withdrawn
5/14/2025legislatureCavanaugh, M. MO102 withdrawn
5/14/2025legislatureEnrollment and Review ST14 recorded
3/26/2025legislatureEnrollment and Review ST14 filed
3/26/2025legislaturePlaced on Final Reading with ST14
3/26/2025legislatureCavanaugh, M. FA50 filed
3/18/2025legislatureCavanaugh, M. FA49 filed
3/18/2025legislatureCavanaugh, M. MO102 Recommit to the Judiciary Committee filed
3/18/2025legislatureAdvanced to Enrollment and Review for Engrossment
3/18/2025legislatureRiepe AM577 adopted
3/18/2025legislatureDeKay AM689 adopted
3/18/2025legislatureBosn AM600 withdrawn
3/18/2025legislatureHallstrom AM597 adopted
3/18/2025legislatureCavanaugh, J. MO94 withdrawn
3/18/2025legislatureCavanaugh, J. MO94 Reconsider the vote taken on MO93 filed
3/18/2025legislatureCavanaugh, J. MO93 failed
3/18/2025legislatureCavanaugh, J. MO93 Bracket until June 9, 2025 filed
3/18/2025legislature
Bill Text
Introduced
1/14/2025
Enrolled / Slip Law
Final / Enacted
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