HB1423 (2026) Detail

(New Title) relative to the offense of improper influence and making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research.


HB 1423-FN - AS AMENDED BY THE SENATE

 

05/14/2026   1976s

2026 SESSION

26-2366

09/08

 

HOUSE BILL 1423-FN

 

AN ACT relative to the offense of improper influence and making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research.

 

SPONSORS: Rep. Ammon, Hills. 42; Rep. Giasson, Hills. 29; Rep. Thibault, Merr. 25; Rep. Sirois, Hills. 32; Rep. Aures, Merr. 13; Rep. Labrie, Hills. 2; Rep. Popovici-Muller, Rock. 17; Rep. Belcher, Carr. 4

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Expands the offense of improper influence to include threats to immediate family members of a public servant, party official, or voter and provides mandatory minimum penalties for the certain violations of the offense.

 

II.  Makes synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/14/2026   1976s 26-2366

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT relative to the offense of improper influence and making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research.

 

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

 

1  Improper Influence.  Amend RSA 640:3 to read as follows:  

640:3 Improper Influence.  

I. A person is guilty of a class B felony if he:

(a) Threatens any harm to a public servant, party official or voter, or immediate family member of a public servant, party official, or voter, with the purpose of influencing his action, decision, opinion, recommendation, nomination, vote or other exercise of discretion; or

(b) Privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, argument or other communication with the purpose of influencing that discretion on the basis of considerations other than those authorized by law; or

(c) Being a public servant or party official, fails to report to a law enforcement officer conduct designed to influence him in violation of subparagraph (a) or (b) hereof.

II. "Harm" means any disadvantage or injury, to person or property or pecuniary interest, including disadvantage or injury to any other person or entity in whose welfare the public servant, party official, or voter, or their immediate family member, is interested, provided that harm shall not be construed to include the exercise of any conduct protected under the First Amendment to the United States Constitution or any provision of the federal or state constitutions.

III. "Immediate family member" means a spouse, domestic partner, parent, child, sibling, grandparent, grandchild, or any person residing in the same household as the public servant, party official, or voter.

IV. Any person convicted under subparagraph I(a) of this section shall be sentenced to:  

(a) A mandatory minimum term of imprisonment of not less than one year for each separately charged public servant, party official, voter, or immediate family member who was threatened; and

(b) A mandatory minimum fine of not less than $1,000 for each separately charged public servant, party official, voter, or immediate family member who was threatened.  

V. The mandatory minimum penalties under paragraph IV:  

(a) Shall apply separately for each individual threatened;

(b) Shall not be suspended, deferred, or reduced;

(c) Shall be served consecutively for multiple victims;

(d) Shall preclude eligibility for parole until the mandatory minimum term has been served; and

(e) Are in addition to any other penalties that may be imposed.  

2  Severability.  If any provision of section 1 of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.  

3  New Subdivision; Synthetic Kratom Policy.  Amend RSA 318-B by inserting after section 50 the following new subdivision:  

Synthetic Kratom Policy

318-B:51  Definitions.  In this subdivision, "synthetic kratom" or "semisynthetic kratom" means:  

I.  An alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means, including fermentation, recombinant techniques, yeast derived, and enzymatic techniques, rather than traditional food preparation techniques, such as heating or extracting that synthetically alters the composition of any kratom alkaloid or constituent; or

II.  An alkaloid or alkaloid derivative contained in kratom that has been exposed to chemicals or processes that would confer a structural change in the alkaloids, resulting in material that has been chemically altered.  

318-B:52  Synthetic Kratom Limitations.  No person or entity person shall prepare, distribute, manufacture, sell, possess, or advertise synthetic or semisynthetic kratom, unless such preparation, distribution, manufacturing, sale, possession, or advertisement is undertaken for the sole purpose of scientific research.

4  New Paragraph; Controlled Drug Act; Scheduling by the Commissioner.  Amend RSA 318-B:1-a by inserting after paragraph VIII the following new paragraph:  

IX.  Notwithstanding paragraph I, synthetic or semisynthetic kratom shall be classified as a schedule II controlled drug.

5  Effective Date.  

I.  Sections 1 and 2 of this act shall take effect January 1, 2027.  

II.  The remainder of this act shall take effect upon its passage.

 

LBA

26-2366

05/19/2026

 

HB 1423-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT # 2026-1976s)

 

AN ACT relative to the offense of improper influence and making synthetic and semisynthetic kratom illegal to prepare, distribute, manufacture, sell, possess, or advertise, with exceptions made for scientific research.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source

None

*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2026

FY 2027

FY 2028

FY 2029

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association

 

Amendments

Date Amendment
May 14, 2026 2026-1976s

Links


Date Body Type
Jan. 15, 2026 House Hearing
Feb. 18, 2026 House Exec Session
Feb. 18, 2026 House Floor Vote
March 31, 2026 Senate Hearing
Senate Floor Vote
April 16, 2026 Senate Floor Vote

Bill Text Revisions

HB1423 Revision: 52146 Date: May 19, 2026, 3:05 p.m.
HB1423 Revision: 52147 Date: May 14, 2026, 8 p.m.
HB1423 Revision: 49851 Date: Dec. 4, 2025, 9:13 a.m.

Docket


May 21, 2026: House Non-Concurs with Senate Amendment 2026-1976s (Rep. Roy): MA VV 05/21/2026 HJ 14


May 14, 2026: Ought to Pass with Amendment # 2026-1976s, MA, VV; OT3rdg; 05/14/2026; SJ 12


May 14, 2026: Sen. Abbas Floor Amendment # 2026-1976s, AA, VV; 05/14/2026; SJ 12


April 16, 2026: Committee Report: Ought to Pass, 05/14/2026, Vote 3-2; SC 18


April 16, 2026: Special Order to 05/14/2026, Without Objection, MA; 04/16/2026 SJ 9


April 7, 2026: Committee Report: Ought to Pass, 04/16/2026, Vote 3-2; SC 14


March 26, 2026: ==ROOM CHANGE== Hearing: 03/31/2026, Room 100, SH, 01:35 pm; SC 12


March 17, 2026: Introduced 03/12/2026 and Referred to Judiciary; SJ 7


March 11, 2026: Ought to Pass: MA DV 174-158 03/11/2026 HJ 7


March 2, 2026: Minority Committee Report: Inexpedient to Legislate


March 2, 2026: Majority Committee Report: Ought to Pass 02/18/2026 (Vote 7-5; RC) HC 10 P. 33


March 2, 2026: Executive Session: 02/18/2026 02:30 pm GP 159


Jan. 8, 2026: Public Hearing: 01/15/2026 02:30 pm GP 159


Dec. 4, 2025: Introduced 01/07/2026 and referred to Criminal Justice and Public Safety HJ 1 P. 19