NebraskaLB230A109th Legislature 1st and 2nd SessionslegislatureWALLET

Appropriation Bill

Sponsored By: Bob Hallstrom

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 4 costs, 2 mixed.

Kratom sellers must register and meet standards

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.

Kratom: No adulterants, fines, and appeals

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.

No retail sales of flavored nitrous

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.

Kratom: Labels and no sales under 21

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.

Kratom enforcement by state; uniform rules

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.

Drug schedules updated for public safety

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.

When these new rules take effect

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.

Sponsors & Cosponsors

Sponsor

  • Bob Hallstrom

    legislature

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

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

Actions Timeline

  1. Approved by Governor on May 15, 2025

    5/15/2025legislature
  2. Passed on Final Reading with Emergency Clause 49-0-0

    5/14/2025legislature
  3. President/Speaker signed

    5/14/2025legislature
  4. Presented to Governor on May 14, 2025

    5/14/2025legislature
  5. Placed on Final Reading

    4/29/2025legislature
  6. Advanced to Enrollment and Review for Engrossment

    4/23/2025legislature
  7. Placed on Select File

    4/9/2025legislature
  8. Advanced to Enrollment and Review Initial

    4/3/2025legislature
  9. Date of introduction

    4/1/2025legislature
  10. Placed on General File

    4/1/2025legislature

Bill Text

  • Introduced

    5/15/2025

  • Enrolled / Slip Law

  • Final / Enacted

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