SB 45 — Kratom Adjustments

all(b) theseis tonot bemixed usedor packed with prudencea andnonkratom thanksgiving.substance unless the nonkratom substance is an inert encapsulating agent that:

-(i) 2is -composed SB0045 compared with SB0045S05 (12) Yea, flesh also of beastsfood-grade andor ofpharmaceutical-grade thematerials fowlswith ofno thepharmacological air,activity; nevertheless they are to be used sparingly;

(13)(ii) Andcontains onlyno inpsychoactive timessubstances, ofstimulants, winter, or ofadulterants; cold, or famine.

(14)and All(iii) grainserves issolely to becontain the staff of life, not only for individuals but for the beasts of the field, and the fowls of heaven, and all wild animals that run or creepdeliver on the earth;plant matter;

(15)(c) Anddoes thesenot tocontain beany usedkratom onlyextract; in times of famine and excess of hunger.

(16)and All(d) graindoes isnot goodcontain for7-hydroxymitragynine at a level greater than 0.4% of the foodtotal kratom alkaloid composition of individuals;the product.

as(6) also"Total kratom alkaloid composition" means the fruittotal amount of all alkaloids derived from the vine;Mitragyna speciosa plant.

thatSection which2. yieldeth fruit, whether in the ground or above the ground.

(17)Section Nevertheless,4-45-103 wheatis foramended individuals,to andread: corn for the ox, and oats for the horse, and rye for the fowls and for swine, and for all beasts of the field, and barley for all useful animals, and for mild drinks, as also other grain.

(18)4-45-103 And. all state residents who remember to keep and do these sayings, walking in obedience to the commandments, shall receive health in their navel and marrow to their bones;

(19)Factual Andbasis shallfor findclaim wisdomas andkratom greatproduct treasuresrequired of-- knowledge,Administrative evenpenalty hidden-- treasures;Request for hearing.

(20)(1) AndA kratom processor shall rundisclose andon notthe beproduct weary,label andof shalleach walkkratom andproduct notthat faint.the kratom processor prepares, distributes, sells, or offers for sale the factual basis upon which the kratom processor represents the [food] product as a kratom product.

{Section(2) 1.For a violation of Subsection (1), a kratom processor is subject to an administrative fine [ of:] up to $5,000.

[(a) up to $500 for the first offense;

and] [(b) up to $1,000 for a second or subsequent offense.] (3) Upon the request of a kratom processor fined under this section, the commissioner shall conduct a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

Section 3.

Section 4-45-104 is amended to read:

4-45-104 .

Kratom processor and kratom retailer requirements -- Criminal penalty.

(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale a kratom product that:

(a) [that is mixed or packed with a nonkratom substance that affects the quality or strength of the kratom product to such a degree as to render the kratom product injurious to a consumer;] is not pure leaf kratom;

and - 3 - S.B.

45 Enrolled Copy [(b) that contains a poisonous or otherwise deleterious nonkratom ingredient, including a controlled substance as defined in Section 58-37-2;] [(c) containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2% of the alkaloid composition of the kratom product;] [(d) containing a synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compound of the kratom plant;

or] [(e)] (b) [that ]does not include a product label on the kratom product packaging that states the amount of mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.

(2) A kratom processor or kratom retailer who violates Subsection (1) is guilty of:

(a) a class [C] B misdemeanor for [each violation.] the first violation;

(b) a class A misdemeanor for a second violation;

and (c) a third degree felony for any subsequent violation.

[(3) A kratom processor does not violate Subsection (1) if the kratom processor shows by a preponderance of the evidence that the kratom processor relied in good faith upon the representation of a manufacturer, processor, packer, or distributor of food represented to be a kratom product.] [(4)] (3) A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom product that is not registered with the department in accordance with this chapter.

[(5)] (4)(a) A kratom processor shall register as a food establishment in accordance with Section 4-5-301 and with the department as a kratom processor.

(b) A kratom retailer shall register with the department as a kratom retailer.

(c) The department may not register a person as a kratom retailer unless the kratom retailer is licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004.

(d) The department shall set a fee to register the following:

(i) a kratom processor;

and (ii) a kratom retailer.

(e) The department shall:

(i) set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the person is not registered as a kratom processor or kratom retailer with the department;

and - 4 - Enrolled Copy S.B.

45 (ii) assess the fine described in Subsection (4)(e)(i) against any person who offers a kratom product for sale in this state if the person is not registered as a kratom processor or kratom retailer.

(5) Notwithstanding Subsection (1)(a), until March 6, 2027, a kratom processor may prepare, possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product if the kratom product:

(a) is not offered for retail sale or distribution in this state;

(b) is manufactured and distributed for lawful sale in another state;

and (c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom alkaloid composition of the product.

Section 4.

Section 4-45-105 is amended to read:

4-45-105 .

Prohibition on sale to minors -- Criminal penalty.

(1) A kratom processor or kratom retailer may not distribute, sell, or offer for sale a kratom product to an individual under [18] 21 years[ of age] old.

(2) A kratom processor or kratom retailer who violates this section is guilty of a class [C] A misdemeanor for each violation.

Section 5.

Section 4-45-108 is amended to read:

4-45-108 .

Registration of kratom products -- Department duties.

(1) The department shall set a fee to register a kratom product, in accordance with Section 4-2-103.

(2) The fee described in Subsection (1) may be paid by [a producer, manufacturer, or distributor of a kratom product] any person, but a kratom product may not be registered with the department until the fee is paid.

(3) The department shall:

(a) set an administrative fine[, larger than the fee described in Subsection (1), ] not to exceed $5,000 for a person who sells a kratom product that is not registered with the department;

and (b) assess the fine described in Subsection (3)(a) against any person who offers an unregistered kratom product for sale in this state.

(4) The department may seize and destroy any unregistered kratom product offered for sale in this state.

Section 6.

Section 58-37-3.4 is enacted to read:

58-37-3.4 .

Exemption for 7-hydroxymitragyine in kratom products.

(1) As used in this section, "pure leaf kratom" means the same as that term is defined in - 5 - S.B.

45 Enrolled Copy Section 4-45-102.

(2) Notwithstanding any other provision of this chapter a person who possesses, manufacturers, or distributes pure leaf kratom is not subject to the penalties described in this title for the possession, manufacture, or distribution of 7-hydroxymitragynine to the extent that the person's possession, manufacture, or distribution of the pure leaf kratom complies with Title 4, Chapter 45, Kratom Regulation Act.

(3) Notwithstanding any other provision of this chapter and until March 6, 2027, a person who possesses, manufacturers, or distributes a kratom product in accordance with Subsection 4-45-104(5) is not subject to the penalties described in this title for the possession, manufacture, or distribution of 7-hydroxymitragine.

Section 7.

}58-37-4 58-37-4..

- 3 - SB0045 compared with SB0045S05 (F) Alphacetylmethadol, except levo-alphacetylmethadol also known as levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;

1-(1-1-(1-methyl-2-phenylethyl)-4-(N-propanilido) methyl-2-phenylethyl)-4-(N-propanilido) piperidine);

(J)- Alpha-methylthiofentanyl6 (N-[1-methyl-2-(2-thienyl)ethyl-4-- piperidinyl]-N-phenylpropanamide);Enrolled Copy S.B.

45 (J) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4- piperidinyl]-N-phenylpropanamide);

N-[1-(2-hydroxy-2- phenethyl)-3-methyl-4-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide; piperidinyl]-N-phenylpropanamide;

- 4 - SB0045 compared with SB0045S05 (HH) Etoxeridine;

(LL)- Ketobemidone;7 - S.B.

45 Enrolled Copy (LL) Ketobemidone;

(WW) Para-fluoroisobutyryl fentanyl (N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-(N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide); yl)isobutyramide);

(III) Tetrahydrofuran fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-(N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide); carboxamide);

- 5 - SB0045 compared with SB0045S05 (KKK) Tianeptine;

(NNN) 3-methylfentanyl, including the optical and geometric isomers (N-[3-methyl-1-(2-(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- phenylethyl)-4-piperidyl]- N-phenylpropanamide);

(OOO)- 3-methylthiofentanyl8 (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);- Enrolled Copy S.B.

45 (OOO) 3-methylthiofentanyl (N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);

- 6 - SB0045 compared with SB0045S05 (U) Normorphine;

(iii) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic- substances,9 or- whichS.B. contains any of their salts, isomers, and salts of isomers when the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation;

as45 usedEnrolled inCopy thishallucinogenic Subsectionsubstances, (2)or (a)(iii)which only,contains "isomer"any includesof their salts, isomers, and salts of isomers when the optical,existence position,of the salts, isomers, and geometricsalts isomers:of isomers is possible within the specific chemical designation;

as used in this Subsection (2)(a)(iii) only, "isomer" includes the optical, position, and geometric isomers:

α-ethyl-1H-indole-3-α ethanamine;-ethyl-1H-indole-3-ethanamine;

4-bromo-2,5-dimethoxy-α-4-bromo-2,5-dimethoxy-α-methylphenethylamine; methylphenethylamine;

2-(4-bromo-2,5-2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; dimethoxyphenyl)-1-aminoethane;

2,5-dimethoxy-α-methylphenethylamine;2,5-dimethoxy-α -methylphenethylamine;

4-methoxy-α-methylphenethylamine;4-methoxy-α -methylphenethylamine;

4-methyl-2,5-dimethoxy-α-4-methyl-2,5-dimethoxy-α-methylphenethylamine; methylphenethylamine;

(K) 3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl- alpha-alpha-methyl-3,4(methylenedioxy)phenethylamine, methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE, MDEA;

(L) N-hydroxy-3,4-methylenedioxyamphetamine, also known as N-hydroxy-alpha-N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy MDA;

- 7 - SB0045 compared with SB0045S05 (N) Bufotenine, some trade and other names:

3-(β-Dimethylaminoethyl)-5-hydroxyindole;3-(β -Dimethylaminoethyl)-5-hydroxyindole;

3-(2-3-(2-dimethylaminoethyl)-5-indolol; dimethylaminoethyl)-5-indolol;

(Q)- Ibogaine,10 some- tradeEnrolled andCopy otherS.B. names:

7-Ethyl-6,6β,7,8,9,10,12,13-octahydro-2-methoxy-6,9-45 methano-5H-pyrido(Q) [1',Ibogaine, 2':1,2]some azepinotrade [5,4-b]and indole;other names:

7-Ethyl-6,6β ,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2] azepino [5,4-b] indole;

3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; dibenzo[b,d]pyran;

- 8 - SB0045 compared with SB0045S05 (BB) Ethylamine analog of phencyclidine, some trade or other names:

N-ethyl-1-N-ethyl-1-phenylcyclohexylamine, phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine, N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;

1-(1-phenylcyclohexyl)-- pyrrolidine,11 PCPy,- PHP;S.B.

45 Enrolled Copy 1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;

1-[1-(2-thienyl)-cyclohexyl]-1-[1-(2-thienyl)-cyclohexyl]-piperidine, piperidine, 2-thienylanalog of phencyclidine, TPCP, TCP;

or 4,5-dihydro-5-4,5-dihydro-5-phenyl-2-oxazolamine; phenyl-2-oxazolamine;

alpha-alpha-(methylamino)propiophenone; (methylamino)propiophenone;

alpha-N-alpha-N-methylaminopropiophenone; methylaminopropiophenone;

N,N-alpha-N,N-alpha-trimethylphenethylamine. trimethylphenethylamine.

- 9 - SB0045 compared with SB0045S05 (vi) Any material, compound, mixture, or preparation which contains any quantity of the following substances, including their optical isomers, salts, and salts of isomers, subject to temporary emergency scheduling:

(vii)- Unless12 specifically- exceptedEnrolled orCopy unlessS.B. listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of gamma hydroxy butyrate (gamma hydrobutyric acid), including its salts, isomers, and salts of isomers.

(viii)45 (vii) Unless specifically excepted or unless listed in another schedule, any alkaloidsmaterial, foundcompound, inmixture, or derivedpreparation fromwhich Mitragynacontains speciosa,any includingquantity synthetic alkaloids, homologs, analogs, isomers, esters, ethers, salts, and salts of isomers,gamma esters,hydroxy andbutyrate ethers,(gamma whenhydrobutyric theacid), existenceincluding ofits thesalts, isomers, esters, ethers, and salts isof possibleisomers. within the specific chemical designation.

(viii) Unless specifically excepted or unless listed in another schedule, the following substances commonly found in Mitragyna speciosa, including synthetic versions, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation:

(A) 7-hydroxymitragynine (methyl (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H- indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate);

and (B) Mitragynine pseudoindoxyl (methyl (E)-2-[(2S,6'S,7'S,8'aS)-6'-ethyl-4-methoxy-3-oxospiro[1H-indole-2,1'-3,5,6,7,8,8a- hexahydro-2H-indolizine]-7'-yl]-3-methoxyprop-2-enoate).

(XI)- Hydromorphone;13 - S.B.

-45 10Enrolled -Copy SB0045(XI) comparedHydromorphone; with SB0045S05 (XII) Metopon;

(XII) Metopon;

(I)- Fentanyl;14 - Enrolled Copy S.B.

45 (I) Fentanyl;

- 11 - SB0045 compared with SB0045S05 (K) Levo-alphacetylmethadol, some other names:

(B)- Glutethimide;15 - S.B.

-45 12Enrolled -Copy SB0045(B) comparedGlutethimide; with SB0045S05 (C) Pentobarbital;

(C) Pentobarbital;

1-phenylcyclohexylamine and 1-1-piperidinocyclohexanecarbonitrile piperidinocyclohexanecarbonitrile (PCC);

(v)(v)(A) (A) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of Phenylacetone.

(±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-(± hexahydro-1-hydroxy-6,)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6, 6-dimethyl-9H-dibenzo[b,d]pyran-9-one.

and (E)- Phendimetrazine.16 - Enrolled Copy S.B.

-45 13(E) -Phendimetrazine. SB0045 compared with SB0045S05 (ii) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

(ii) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system:

± -2-(2--2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone; chlorophenyl)-2-(methylamino)-cyclohexanone;

and (N) Tiletamine and zolazepam or any of their salts, some trade or other names for a tiletamine-tiletamine-zolazepam zolazepam combination product:

2-2-(ethylamino)-2-(2-thienyl)-cyclohexanone, (ethylamino)-2-(2-thienyl)-cyclohexanone, some trade or other names for zolazepam:

4-(2-4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e] [1,4]-diazepin-7(1H)-one, flupyrazapon.

(6aR- - 1417 - SB0045S.B. compared with SB0045S05 trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta-9- (trans)-tetrahydrocannabinol.

45 Enrolled Copy (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or (-)-delta-9-(trans)-tetrahydrocannabinol.

(G) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, non-narcotic ingredients in recognized therapeutic amounts;

(A)- Boldenone;18 - Enrolled Copy S.B.

45 (A) Boldenone;

- 15 - SB0045 compared with SB0045S05 (E) Dihydrotestosterone (4-dihydrotestosterone);

(ix)- Nabiximols.19 - S.B.

-45 16Enrolled -Copy SB0045(ix) comparedNabiximols. with SB0045S05 (d) Schedule IV:

(d) Schedule IV:

- 1720 - SB0045Enrolled comparedCopy withS.B. SB0045S05 (X) Flurazepam;

45 (X) Flurazepam;

- 18 - SB0045 compared with SB0045S05 (iii) Any material, compound, mixture, or preparation of fenfluramine which contains any quantity of the following substances, including its salts, isomers whether optical, position, or geometric, and salts of the isomers when the existence of the salts,- isomers,21 and- saltsS.B. of isomers is possible.

45 Enrolled Copy salts, isomers, and salts of isomers is possible.

(i) Any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, which includes one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the - 19 - SB0045 compared with SB0045S05 compound, mixture, or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:

(B)- not22 more- thanEnrolled 100Copy milligramsS.B. of dihydrocodeine per 100 milliliters or per 100 grams;

45 (B) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;

Section 2.8.

Effective date.

Effective Date.

This bill takes effect on May 6, 2026.

Section 4.

This Billbill Repeals:repeals:

Section 4-45-102,9. Definitions.

SectionEffective 4-45-103,Date. Factual basis for claim as kratom product required -- Administrative penalty -- Request for hearing.

SectionThis 4-45-104,bill Kratomtakes processoreffect requirementson --May Criminal6, penalty.2026.

Section- 4-45-105,23 Prohibition- on sale to minors -- Criminal penalty.

Section 4-45-106, Civil action available.

Section 4-45-107, Rulemaking.

- 20 - SB0045 compared with SB0045S05 Section 4-45-108, Registration of kratom products -- Department duties.

3-4-26 9:04 AM - 21 -