HB 1647

Present law provides that i t is an offense for a person to knowingly do any of the following:  Sell, or offer for sale, Kratom unless labeled and in its natural form as dried, cut, and sifted Kratom leaf or raw Kratom leaf powder. To be considered labeled, the label must contain the manufacturer's information and a specific warning as provided in statute.  Distribute, sell, or offer for sale, Kratom to a person under 21.  Purchase or possess Kratom if under 21. A violation of the above offense is a Class A misdemeanor , which is punishable by no more than 11 months, 29 days in prison or a fine not to exceed $2,500 . This bill deletes the above provisions. MATTHEW DAVENPORT'S LAW This bill enacts the " Matthew Davenport's Law, "" which creates various offenses for the possession, use, and sale of Kratom, among other provisions, as outlined below. Offenses This bill provides, instead, that it is an offense to knowingly do any of the following: (1) Possess Kratom. (2) M anufacture, deliver, or sell Kratom. (3) P ossess Kratom with intent to manufacture, deliver, or sell Kratom. This bill provides that a violation of (1) above is a Class D felony, which has an authorized term of imprisonment of two to 12 years. In addition, the jury may assess a fine up to $5, 000 . Generally, a violation of (2) or (3) above is a Class B felon y, which has an authorized term of imprisonment of eight to 30 years and the jury may assess a fine up to $25, 000. However, a violation of (2) or (3) above is a Class A felony if the violation involved the delivery or sale of Kratom to a minor from an adult who is at least two years older than the minor, and who knows that the person is a minor. A Class A felony has an authorized term of imprisonment of 15 to 60 years and the jury may assess a fine up to $50, 000. Autopsies If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent and the decedent's suspected cause of death is drug overdose, then this bill requires the county medical examiner to test the decedent for the presence of Kratom. Medical Care If a treating physician orders toxicology testing in either of the following circumstances, then this bill requires the toxicology testing to include testing for the presence of Kratom:  Suspected drug overdose .  Suspected neonatal abstinence syndrome. RULEMAKING This bill requires t he commissioner of labor and workforce development to promulgate a rule to add Kratom to the definition of a drug, as defined in present law provisions on drug-free workplace programs ."