HB 1649

Present law makes it an offense for a person to knowingly to do any of the following: ' Sell, or offer for sale, Kratom unless labeled and in its natural form . ' Distribute, sell, or offer for sale, Kratom to a person under 21 . ' Purchase or possess Kratom if under 21. This bill revises the offenses described above by, instead, mak ing it an offense for a person to knowingly do any of the following: ' Possess Kratom ' Manufacture, deliver , or sell Kratom ' Possess with the intent to manufacture, deliver , or sell Kratom This bill classifies the offense of possessing Kratom as a Class A misdemeanor, punishable by a term of imprisonment of 11 months, 29 days ; a fine of $2,500 ; or both. The other two offenses are classified as Class C felonies, punishable by a term of imprisonment of three to 15 years and a potential fine of $ 10,000. However, such felony offenses are raised to a Class B 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 an d the adult knew the person was a minor. A Class B felony is punishable by a term of imprisonment of eight to 30 years and a potential fine of $ 25,000. TESTING REQUIREMENTS This bill requires a treating physician to order toxicology testing for the presence of Kratom if the physician s uspect s a drug overdose or neonatal abstinence syndrome. 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 th is bill requires the county medical examiner to test the decedent for the presence of Kratom. ALCOHOL AND DRUG TREATMENT FACILITY ORGANIZATION POLICIES Present law requires an alcohol and drug treatment facility organization selected and approved by the commissioner of mental health and substance abuse to perform certification of recovery residences to adopt a policy requiring abstinence from alcohol, illicit drugs, and certain non - illicit drugs, including K ratom , as part of its minimum standards for certification. This bill removes the requirement of including K ratom abstinence in such policy . DRUG-FREE WORKPLACE PROGRAMS Present law generally authorizes an employer that is covered by the Workers' Compensation Law, maintains a drug-free workplace , and complies with required posting about the drug-free workplace to test a job applicant or an employee for drugs. This bill requires the commissioner of labor and workforce development to promulgate a rule to add Kratom to the definition of a " drug "" for such purposes ."