All Roll Calls
Yes: 88 • No: 0
Sponsored By: Bob Hallstrom
Signed by Governor
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7 provisions identified: 1 benefits, 4 costs, 2 mixed.
Beginning on a start date set by the Tax Commissioner, no later than January 1, 2026, all kratom sold in Nebraska must be registered each year with the Department of Revenue. Processors must submit a label, accredited lab results showing alkaloid content with 7‑hydroxymitragynine under 2%, proof of Part 111 good manufacturing practices, and FDA food‑facility registration. Kratom must be made, packed, labeled, or held in facilities that meet 21 C.F.R. Part 111 as of January 1, 2025, and are FDA‑registered. Registration fees must be reasonable and go to the Department of Revenue Enforcement Fund; the Department will post a public list of registered products and may issue rules. Beginning October 1, 2024, investment earnings on that fund go to the General Fund.
You may not sell adulterated kratom, including products with synthesized alkaloids, over 2% 7‑hydroxymitragynine, or mixed with dangerous non‑kratom substances. Civil fines are up to $1,000 for a first violation, up to $5,000 for a second, and $5,000–$20,000 after that; a third offense by a processor triggers a three‑year sales ban. Four clean years reset you to first‑offense status. If convicted under the Act, a processor’s registration and fees can be forfeited. Material false statements can be charged as perjury. If you get a denial or violation notice, you may request a hearing within 20 days. Final decisions can be appealed.
Businesses may not sell, give, or distribute nitrous oxide or flavored nitrous products to consumers. Exceptions include certain industrial, automotive, medical or dental, and food‑propellant uses. Violations are crimes (Class II for first; Class I after) and carry a $2,500 civil penalty per offense. Products can be seized and destroyed at the violator’s cost. Carriers that knowingly transport for violators commit a Class II misdemeanor.
Each kratom package must have clear labels with warnings, directions, servings, and alkaloid content, including mitragynine per serving. Labels must include warnings for under‑21, pregnancy, breastfeeding, and the standard FDA disclaimer. Sellers cannot sell kratom to anyone under 21. Online stores must verify age. Products cannot be made or packaged in a way that is attractive to children.
The Attorney General enforces the Kratom Act under state consumer‑protection laws. The Act does not allow private lawsuits. Cities and counties cannot adopt kratom rules stricter than state law. State standards apply statewide.
Nebraska updates its controlled‑substance schedules to match federal guidance, including many fentanyl‑related compounds and other listed drugs. This changes which substances are controlled and how they are enforced statewide.
Sections 1–15, 17, 18, and 20 take effect on July 1, 2025. Section 16 takes effect three calendar months after the legislative session ends. Because the Act declares an emergency, the law takes effect when passed and approved, while sections follow their stated operative dates.
Bob Hallstrom
legislature
There are no cosponsors for this bill.
All Roll Calls
Yes: 88 • No: 0
legislature vote • 5/14/2025
Final Reading
Yes: 49 • No: 0
legislature vote • 4/3/2025
Vote
Yes: 39 • No: 0 • Other: 10
Approved by Governor on May 15, 2025
Passed on Final Reading with Emergency Clause 49-0-0
President/Speaker signed
Presented to Governor on May 14, 2025
Placed on Final Reading
Advanced to Enrollment and Review for Engrossment
Placed on Select File
Advanced to Enrollment and Review Initial
Date of introduction
Placed on General File
Introduced
5/15/2025
Enrolled / Slip Law
Final / Enacted