1 New Paragraph; Alcoholic Beverages; Definitions and General Provisions; Definitions. Amend RSA 175:1 by inserting after paragraph LXIV-g the following new paragraph:

LXIV-h. "Unauthorized Kratom Products" means any consumable kratom product, including, but not limited to, edibles, liquids, powders, capsules, tablets, extracts, inhalants, or vapor products that fall into one or more of the following categories:

(a) An alkaloid or alkaloid derivative contained in a kratom leaf extract that has been exposed to chemicals or processes that confer a structural change in the alkaloids, including, but not limited to, oxidation, reduction, and ring opening or closing, resulting in material that has been chemically altered.

(b) An alkaloid or alkaloid derivative of the kratom leaf that has been created by chemical synthesis or biosynthetic means, including fermentation, recombinant techniques, yeast-driven techniques, and enzymatic techniques, rather than by traditional food preparation techniques, such as heating or extracting.

(c) Purified mitragynine with enhanced levels of 7-hydroxymitragynine that are not found in the natural kratom leaf.

2 Enforcement, Requirements and Penalties; Premises Restrictions; Unlawful Purpose. RSA 179:50 is repealed and reenacted to read as follows:

179:50 Unlawful Purpose.

I. No licensee shall use, or allow to be used, their premises for any purpose contrary to law.

II. No licensee shall permit or allow the on-premises ingestion, inhalation, smoking, or vaping of any unauthorized kratom products, as defined by RSA 175:1, LXIV -h, on any licensed premises.

III. No licensee shall sell, distribute, furnish, offer for sale, advertise, manufacture, or possess any unauthorized kratom products as defined by RSA 175:1, LXIV-h.

IV. The penalty for violations of paragraph II or paragraph III shall be determined by the state liquor commission in accordance with rules adopted under RSA 541-A. However, a second offense under paragraph II or paragraph III shall result in revocation of the license.

3 Method of Adopting Official Ballot Referendum Form of Meeting. Amend RSA 40:14, III to read as follows:

III. The local political subdivision shall place the question on the warrant of the annual meeting under the procedures set out in RSA 39:3 or RSA 197:6 . Voting on the question shall be by ballot, but the question shall not be placed on the official ballot used to elect officers. Polls shall remain open and ballots shall be accepted by the moderator for a period of not less than one hour following the completion of discussion on the question.

4 Method of Adopting Official Ballot Referendum Form of Meeting. Amend RSA 40:14, VII to read as follows:

VII. Any local political subdivision which has adopted RSA 40:13 may consider rescinding its action in the manner described in paragraphs III-VI, except that the question shall be placed on the official ballot. The wording of the question shall be: "Shall we rescind the provisions of RSA 40:13 (known as SB 2), as adopted by the (local political subdivision) on (date of adoption), so that the official ballot will no longer be used for voting on all questions, but only for the election of officers and certain other questions for which the official ballot is required by state law?" A 3/5 majority of those voting on the question shall be required to rescind the provisions of this subdivision, except in the case of repeal by charter enactment under RSA 49-D. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.

5 Effective Date.

I. Sections 1 and 2 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect July 1, 2026.

1 New Paragraph; Alcoholic Beverages; Definitions and General Provisions; Definitions. Amend RSA 175:1 by inserting after paragraph LXIV-g the following new paragraph:

LXIV-h. "Unauthorized Kratom Products" means any consumable kratom product, including, but not limited to, edibles, liquids, powders, capsules, tablets, extracts, inhalants, or vapor products that fall into one or more of the following categories:

(a) An alkaloid or alkaloid derivative contained in a kratom leaf extract that has been exposed to chemicals or processes that confer a structural change in the alkaloids, including, but not limited to, oxidation, reduction, and ring opening or closing, resulting in material that has been chemically altered.

(b) An alkaloid or alkaloid derivative of the kratom leaf that has been created by chemical synthesis or biosynthetic means, including fermentation, recombinant techniques, yeast-driven techniques, and enzymatic techniques, rather than by traditional food preparation techniques, such as heating or extracting.

(c) Purified mitragynine with enhanced levels of 7-hydroxymitragynine that are not found in the natural kratom leaf.

2 Enforcement, Requirements and Penalties; Premises Restrictions; Unlawful Purpose. RSA 179:50 is repealed and reenacted to read as follows:

179:50 Unlawful Purpose.

I. No licensee shall use, or allow to be used, their premises for any purpose contrary to law.

II. No licensee shall permit or allow the on-premises ingestion, inhalation, smoking, or vaping of any unauthorized kratom products, as defined by RSA 175:1, LXIV -h, on any licensed premises.

III. No licensee shall sell, distribute, furnish, offer for sale, advertise, manufacture, or possess any unauthorized kratom products as defined by RSA 175:1, LXIV-h.

IV. The penalty for violations of paragraph II or paragraph III shall be determined by the state liquor commission in accordance with rules adopted under RSA 541-A. However, a second offense under paragraph II or paragraph III shall result in revocation of the license.

3 Method of Adopting Official Ballot Referendum Form of Meeting. Amend RSA 40:14, III to read as follows:

III. The local political subdivision shall place the question on the warrant of the annual meeting under the procedures set out in RSA 39:3 or RSA 197:6 , and the question shall be voted on by official ballot in accordance with the procedures established inRSA 669:19-29, RSA 670:5-7, and RSA 671:20-30, including all requirements pertaining to absentee voting, polling places, and polling hours .

4 Method of Adopting Official Ballot Referendum Form of Meeting. Amend RSA 40:14, VII to read as follows:

VII. Any local political subdivision which has adopted RSA 40:13 may consider rescinding its action in the manner described in paragraphs III-VI. The wording of the question shall be: "Shall we rescind the provisions of RSA 40:13 (known as SB 2), as adopted by the (local political subdivision) on (date of adoption), so that the official ballot will no longer be used for voting on all questions, but only for the election of officers and certain other questions for which the official ballot is required by state law?" A 3/5 majority of those voting on the question shall be required to rescind the provisions of this subdivision, except in the case of repeal by charter enactment under RSA 49-D. Only votes in the affirmative or negative shall be included in the calculation of the 3/5 majority.

5 Effective Date.

I. Sections 1 and 2 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect July 1, 2026.