Bill Summary for H 747 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Jun 15 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 747 (Public) Filed Wednesday, April 15, 2015
AN ACT TO REGULATE THE SALE OF MITRAGYNINE AND 7-HYDROXYMITRAGYNINE, ALSO KNOWN AS KRATOM, TO MINORS AND TO STUDY ABUSE OF KRATOM AND NITROUS OXIDE.
Intro. by Dollar, Turner, Dobson, Jordan.

View: All Summaries for BillTracking:

Bill 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.