Bill Text - SB540 (2016)

Prohibiting the possession, use, or sale of kratom.


Revision: Feb. 1, 2016, midnight

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SB 540-FN - AS INTRODUCED

 

2016 SESSION

\t16-2978

\t04/09

 

SENATE BILL\t540-FN

 

AN ACT\tprohibiting the possession, use, or sale of kratom.

 

SPONSORS:\tSen. Fuller Clark, Dist 21; Sen. Carson, Dist 14; Rep. Sherman, Rock. 24; Rep. LeBrun, Hills. 32

 

COMMITTEE:\tHealth and Human Services

 

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ANALYSIS

 

\tThis bill establishes a criminal penalty for the possession, sale, or use of kratom.  

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2978

\t04/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\tprohibiting the possession, use, or sale of kratom.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  New Chapter; Kratom.  Amend RSA by inserting after chapter 318-E the following new chapter:

CHAPTER 318-F

Kratom

\t318-F:1  Acts Prohibited.  It shall be unlawful for any person to manufacture, possess, control, sell, purchase, prescribe, administer, transport, package or repackage or possess with intent to manufacture, sell, dispense, administer, compound, package, or repackage mitragynine or hydroxymitragynine, commonly known as kratom.

\t318-F:2  Penalty.  Any person who violates the provisions of RSA 318-F:1 shall be guilty of a class B felony and may be sentenced to a maximum term of imprisonment of not more than 7 years, a fine of not more than $100,000, or both.  In the case of a second or subsequent violation of RSA 318-F:1, such person may be sentenced to a maximum term of imprisonment of not more than 15 years, a fine of not more than $200,000, or both.  

\t2  Effective Date.  This act shall take effect July 1, 2016.

 

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\t\t\t\t\t\t\t\t\t\t\t16-2978

\t\t\t\t\t\t\t\t\t\t\t1/27/16

 

SB 540-FN- FISCAL NOTE

 

AN ACT\tprohibiting the possession, use, or sale of kratom.

 

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Judicial Branch, Department of Justice, and New Hamphsire Municipal Association, who were contacted on 01/14/16 relative to the potential fiscal impact of this bill.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.