Senate committee substitute makes the following changes to the 3rd edition.
Amends proposed GS 14-313.1(e) clarifying that it is a violation to send a person less than 18 years old to purchase, acquire, or receive kratom products or send them to attempt to do the same (previously, provided only violation to send a person less than 18 any kratom product). Makes a technical change.
Amends GS 15A-150 to require clerks of superior court to report to the Administrative Office of the Courts any individual granted a dismissal after completion of a conditional discharge for first-time misdemeanor violations stemming from the youth access to kratom provisions in GS 14-313.1.
Bill Summaries: H747 (2015-2016 Session)
Summary date: Jun 23 2016 - View summary
Summary date: Jun 15 2016 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Changes the act's short and long title.
Deletes all of the provisions of the previous edition and replaces it with the following.
Enacts new GS 14-313.1, Youth access to Kratom, setting out definitions for use in the section, including distribute, proof of age, and kratom product. Makes it a Class 2 misdemeanor to distribute, aid, assist or abet any other person in distributing kratom products to someone under 18 years old as well as purchasing kratom products on behalf of a person under 18 years old. Provides that kratom products can be distributed to employees under the age of 18 as part of the employee's performance. Provides that sellers must demand proof of age from a perspective buyer if reasonable grounds exist for believing buyer is under 18. Requires retail distributors to provide special training on the requirements of this law. Sets out three defenses for actions brought pursuant to these provisions, including that the defendant demanded, was shown, and reasonably relied on proof of age. Allows for the distribution of kratom products through the Internet or other sales methods with the performance of age verification through some type of third party system as specified. Provides that it is an infraction for anyone under the age of 18 to purchase or accept receipt of kratom products. Makes it a Class 2 misdemeanor to send a person less than 18 years old a kratom product or to aid or abet a person less than 18 years old in purchasing, acquiring, or receiving or attempting to purchase, acquire or receive kratom products. Allows individuals under 18 years old to work with law enforcement in testing compliance with these laws as specified without any punishment. Specifies that deferred prosecution or conditional discharge is allowed for individuals charged with a misdemeanor pursuant to these new provisions, as long as an individual has not previously been placed on probation for such a violation. Effective December 1, 2016, applying to offenses committed on or after that date.
Directs the Legislative Research Commission (LRC) to study the use of kratom on public health, including whether any legitimate medicinal uses exist. Also directs the study of the use of nitrous oxide "whippets" on public health. Requires the LRC to seek input from various agencies concerning the study topics. Provides that the LRC must report findings to the 2017 Regular Session of the 2017 General Assembly upon its convening.
Summary date: Apr 27 2015 - View summary
House committee substitute makes the following changes to the 1st edition.
Extends the pilot program on the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents diagnosed with mental illness and or emotional disturbances, to facilities that are authorized to provide services in accordance with the specified rule concerning residential treatment staff secure for children or adolescents, that are currently owned or operated with the facility currently authorized (was, extends to all facilities owned or operated with the facility currently authorized) to waive the specified requirements.
Summary date: Apr 16 2015 - View summary
Continues the pilot program established by the Department of Health and Human Services, Division of Health Service Regulation, to study the use of electronic supervision devices as an alternative means of supervision during sleep hours at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance. Also extends the program to all facilities owned or operated with the facility currently authorized to waive the requirement set forth in 10A NCAC 27G .1704(c) or any related or subsequent rule or regulation by the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services setting minimum overnight staffing requirements.