kratom products; narcotic drugs

HB2415 - 572R - S Ver

Senate Engrossed
House Bill

kratom products;
narcotic drugs

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2415

AN
ACT

amending sections 13-3401 and 36-795,
Arizona Revised Statutes; repealing section 36-795.01, Arizona Revised
Statutes; amending title 36, chapter 6, article 10, Arizona Revised Statutes,
by adding a new section 36-795.01; amending sections 36-795.02 and
36-795.03, Arizona Revised Statutes; amending title 36, chapter 6,
article 10, Arizona Revised Statutes, by adding sections 36-795.04 and 36-795.05;
relating to Kratom.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 13-3401, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-3401.

Definitions

In this chapter, unless the context otherwise requires:

1. "Administer" means to apply, inject or
facilitate the inhalation or ingestion of a substance to the body of a person.

2. "Amidone" means any substance
identified chemically as (4-4-diphenyl-6-dimethylamine-heptanone-3),
or any salt of such substance, by whatever trade name designated.

3. "Board" means the Arizona state board
of pharmacy.

4. "Cannabis" means the following
substances under whatever names they may be designated:

(a) The resin extracted from any part of a plant of
the genus cannabis, and every compound, manufacture, salt, derivative, mixture
or preparation of such plant, its seeds or its resin. Cannabis does
not include oil or cake made from the seeds of such plant, any fiber, compound,
manufacture, salt, derivative, mixture or preparation of the mature stalks of
such plant except the resin extracted from the stalks or any fiber, oil or cake
or the sterilized seed of such plant which is incapable of germination.

(b) Every compound, manufacture, salt, derivative,
mixture or preparation of such resin or tetrahydrocannabinol.

5. "Coca leaves" means cocaine, its
optical isomers and any compound, manufacture, salt, derivative, mixture or
preparation of coca leaves, except derivatives of coca leaves which do not
contain cocaine, ecgonine or substances from which cocaine or ecgonine may be
synthesized or made.

6. "Dangerous drug" means the following by
whatever official, common, usual, chemical or trade name designated:

(a) Any material, compound, mixture or preparation
that contains any quantity of the following hallucinogenic substances and their
salts, isomers, whether optical, positional or geometric, and salts of isomers,
unless specifically excepted, whenever the existence of such salts, isomers and
salts of isomers is possible within the specific chemical designation:

(i) Alpha-ethyltryptamine.

(ii) Alpha-methyltryptamine.

(iii) (2-aminopropyl) benzofuran (APB).

(iv) (2-aminopropyl)-2, 3-dihydrobenzofuran
(APDB).

(v) Aminorex.

(vi) 4-bromo-2, 5-dimethoxyphenethylamine.

(vii) 4-bromo-2, 5-dimethoxyamphetamine.

(viii) Bufotenine.

(ix) [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl
carbamate (URB-597).

(x) Diethyltryptamine.

(xi) 2, 5-dimethoxyamphetamine.

(xii) Dimethyltryptamine.

(xiii) (2-ethylaminopropyl)-benzofuran
(EAPB).

(xiv) 5-methoxy-alpha-methyltryptamine.

(xv) 5-methoxy-3, 4-methylenedioxyamphetamine.

(xvi) 4-methyl-2, 5-dimethoxyamphetamine.

(xvii) (2-methylaminopropyl)-benzofuran
(MAPB).

(xviii) Ibogaine.

(xix) Lysergic acid amide.

(xx) Lysergic acid diethylamide.

(xxi) Mescaline.

(xxii) 4-methoxyamphetamine.

(xxiii) Methoxymethylenedioxyamphetamine (MMDA).

(xxiv) Methylenedioxyamphetamine (MDA).

(xxv) 3, 4-methylenedioxymethamphetamine.

(xxvi) 3, 4-methylenedioxy-N-ethylamphetamine.

(xxvii) N-ethyl-3-piperidyl
benzilate (JB-318).

(xxviii) N-hydroxy-3, 4-methylenedioxyamphetamine.

(xxix) N-methyl-3-piperidyl
benzilate (JB-336).

(xxx) N-methyltryptamine mimetic substances
that are any substances derived from N-methyltryptamine by any substitution at
the nitrogen, any substitution at the indole ring, any substitution at the
alpha carbon, any substitution at the beta carbon or any combination of the
above. N-methyltryptamine mimetic substances do not include melatonin (5-methoxy n-acetyltryptamine). Substances
in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine,
Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT,
MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO-NMT, MET, NMT and
Norbufotenin.

(xxxi) N-(1-phenylcyclohexyl) ethylamine
(PCE).

(xxxii) Nabilone.

(xxxiii) 1-(1-phenylcyclohexyl)
pyrrolidine (PHP).

(xxxiv) 1-(1-(2-thienyl)-cyclohexyl)
piperidine (TCP).

(xxxv) 1-(1-(2-thienyl)-cyclohexyl)
pyrrolidine.

(xxxvi) Para-methoxyamphetamine (PMA).

(xxxvii) Psilacetin.

(xxxviii) Psilocybin.

(xxxix) Psilocyn.

(xl) Synhexyl.

(xli) Trifluoromethylphenylpiperazine (TFMPP).

(xlii) Trimethoxyamphetamine (TMA).

(xliii) 1-pentyl-3-(naphthoyl)indole (JWH-018
and isomers).

(xliv) 1-butyl-3-(naphthoyl)indole
(JWH-073 and isomers).

(xlv) 1-hexyl-3-(naphthoyl)indole
(JWH-019 and isomers).

(xlvi) 1-pentyl-3-(4-chloro naphthoyl)indole
(JWH-398 and isomers).

(xlvii) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole
(JWH-200 and isomers).

(xlviii) 1-pentyl-3-(methoxyphenylacetyl)indole
(JWH-250 and isomers).

(xlix) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone
(JWH-015 and isomers).

(l) (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-Y)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol)
(HU-210).

(li) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol
(CP 47,497 and isomers).

(lii) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol
(cannabicyclohexanol, CP-47,497 C8 homologue and isomers).

(liii) Xylazine.

(b) Any material, compound, mixture or preparation
that contains any quantity of cannabimimetic substances and their salts,
isomers, whether optical, positional or geometric, and salts of isomers, unless
specifically excepted, whenever the existence of such salts, isomers and salts
of isomers is possible within the specific chemical designation.� For the
purposes of this subdivision, "cannabimimetic substances" means any
substances within the following structural classes:

(i) 2-(3-hydroxycyclohexyl)phenol with
substitution at the 5-position of the phenolic ring by alkyl or alkenyl,
whether or not substituted on the cyclohexyl ring to any
extent. Substances in the 2-(3-hydroxycyclohexyl)phenol
generic definition include CP-47,497, CP-47,497 C8-Homolog,
CP-55,940 and CP-56,667.

(ii) 3-(naphthoyl)indole or 3-(naphthylmethane)indole
by substitution at the nitrogen atom of the indole ring, whether or not further
substituted on the indole ring to any extent, whether or not substituted on the
naphthoyl or naphthyl ring to any extent. Substances in the 3-(naphthoyl)indole
generic definition include AM-678, AM-2201, JWH-004, JWH-007,
JWH-009, JWH-015, JWH-016, JWH-018, JWH-019, JWH-020,
JWH-046, JWH-047, JWH-048, JWH-049, JWH-050, JWH-070,
JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH-080,
JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116,
JWH-120, JWH-122, JWH-148, JWH-149, JWH-175, JWH-180,
JWH-181, JWH-182, JWH-184, JWH-185, JWH-189, JWH-192,
JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH-199,
JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234,
JWH-235, JWH-236, JWH-239, JWH-240, JWH-241, JWH-242,
JWH-262, JWH-386, JWH-387, JWH-394, JWH-395, JWH-397,
JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH-414
and JWH-415.

(iii) 3-naphthoyl-indazole or 3-(naphthylmethane)-indazole
by substitution at one or both of the nitrogen atoms of the indazole ring,
whether or not further substituted on the indazole ring to any extent, whether
or not substituted on the naphthoyl ring to any extent. Substances in the 3-naphthoyl-indazole
or 3-(naphthylmethane)-indazole generic definition include THJ2201
and THJ-018.

(iv) 3-(naphthoyl)pyrrole by substitution at
the nitrogen atom of the pyrrole ring, whether or not further substituted in
the pyrrole ring to any extent, whether or not substituted on the naphthoyl
ring to any extent. Substances in the 3-(naphthoyl)pyrrole
generic definition include JWH-030, JWH-145, JWH-146, JWH-147,
JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH-246,
JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348,
JWH-363, JWH-364, JWH-365, JWH-367, JWH-368, JWH-369,
JWH-370, JWH-371, JWH-373 and JWH-392.

(v) 1-(naphthylmethylene)indene by
substitution of the 3-position of the indene ring, whether or not further
substituted in the indene ring to any extent, whether or not substituted on the
naphthyl ring to any extent. Substances in the 1-(naphthylmethylene)indene
generic definition include JWH-176.

(vi) 3-(phenylacetyl)indole or
3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring,
whether or not further substituted in the indole ring to any extent, whether or
not substituted on the phenyl ring to any extent. Substances in the
3-(phenylacetyl)indole generic definition include AM-694, AM-2233,
JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH-205,
JWH-206, JWH-207, JWH-208, JWH-209, JWH-237, JWH-248,
JWH-250, JWH-251, JWH-253, JWH-302, JWH-303, JWH-304,
JWH-305, JWH-306, JWH-311, JWH-312, JWH-313, JWH-314,
JWH-315, JWH-316, RCS-4, RCS-8, SR-18 and SR-19.

(vii) 3-(cyclopropylmethanone) indole or 3-(cyclobutylmethanone)
indole or 3-(cyclopentylmethanone) indole by substitution at the nitrogen
atom of the indole ring, whether or not further substituted in the indole ring
to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or
cyclopentyl rings to any extent. Substances in the 3-(cyclopropylmethanone)
indole generic definition include UR-144, fluoro-UR-144 and
XLR-11.

(viii) 3-adamantoylindole with substitution at
the nitrogen atom of the indole ring, whether or not further substituted on the
indole ring to any extent, whether or not substituted on the adamantyl ring to
any extent. Substances in the 3-adamantoylindole generic definition
include AB-001.

(ix) N-(adamantyl)-indole-3-carboxamide with
substitution at the nitrogen atom of the indole ring, whether or not further
substituted on the indole ring to any extent, whether or not substituted on the
adamantyl ring to any extent. Substances in the N-(adamantyl)-indole-3-carboxamide
generic definition include SDB-001.

(x) Indole-3-carboxamide or indazole-3-carboxamide
with substitution at the nitrogen atom of the indole ring or by substitution at
one or both of the nitrogen atoms of the indazole ring, whether or not further
substituted on the indole ring or the indazole ring to any extent, whether or
not substituted on the nitrogen of the carboxamide to any extent. Substances in
the indole-3-carboxamide or indazole-3-carboxamide generic
definition include AKB-48, fluoro-AKB-48, APINACA, AB-PINACA, AB-FUBINACA,
ABICA and ADBICA.

(xi) 8-Quinolinyl-indole-3-carboxylate or
8-quinolinyl-indazole-3-carboxylate by substitution at the nitrogen atom of the
indole ring or by substitution at one or both of the nitrogen atoms of the
indazole ring, whether or not further substituted in the indole ring or
indazole ring to any extent, whether or not substituted on the quinoline ring
to any extent. Substances in the 8-quinolinyl-indole-3-carboxylate
or the 8-quinolinyl-indazole-3-carboxylate generic
definition include PB-22, fluoro-PB-22, NPB-22 and
fluoro-NPB-22.

(xii) Naphthalenyl-indole-3-carboxylate
or naphthalenyl-indazole-3-carboxylate by substitution at the nitrogen atom of
the indole ring or by substitution at one or both of the nitrogen atoms of the
indazole ring, whether or not further substituted in the indole or indazole
ring to any extent, whether or not substituted on the naphthalenyl ring to any
extent. Substances in the naphthalenyl-indole-3-carboxylate
or naphthalenyl-indazole-3-carboxylate generic definition
include NM2201, FDU-PB-22, SDB-005 and fluoro SDB-005.

(c) Any material, compound, mixture or preparation
that contains any quantity of the following substances and their salts,
isomers, whether optical, positional or geometric, and salts of isomers having
a potential for abuse associated with a stimulant effect on the central nervous
system:

(i) Alpha-pyrrolidinobutiophenone (Alpha-PBP).

(ii) Alpha-pyrrolidinopropiophenone (Alpha-PPP).

(iii) Alpha-pyrrolidinovalerophenone (Alpha-PVP).

(iv) Alpha-pyrrolidinovalerothiophenone
(Alpha-PVT).

(v) Aminoindane mimetic substances that are derived
from aminoindane by any substitution at the indane ring, replacement of the
amino group with another N group or any combination of the above. Substances in
the aminoindane generic definition include MDAI, MMAI, IAI and AMMI.

(vi) Amphetamine.

(vii) Benzphetamine.

(viii) Benzylpiperazine (BZP).

(ix) Beta-keto-n-methylbenzodioxolylbutanamine
(Butylone).

(x) Beta-keto-n-methylbenzodioxolylpentanamine
(Pentylone).

(xi) Butorphanol.

(xii) Cathine ((+)-norpseudoephedrine).

(xiii) Cathinomimetic substances that are any
substances derived from cathinone, (2-amino-1-phenyl-1-propanone)
by any substitution at the phenyl ring, any substitution at the 3 position, any
substitution at the nitrogen atom or any combination of the above
substitutions.

(xiv) Cathinone.

(xv) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine
(2C-C).

(xvi) Chlorphentermine.

(xvii) Clortermine.

(xviii) Diethylpropion.

(xix) Dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine)
(MDAI).

(xx) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine
(2C-E).

(xxi) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine
(2C-D).

(xxii) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine
(2C-N).

(xxiii) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine
(2C-P).

(xxiv) 2-(2,5-Dimethoxyphenyl)ethanamine
(2C-H).

(xxv) Dimethylcathinone (Metamfepramone).

(xxvi) Ethcathinone.

(xxvii) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2).

(xxviii) Fencamfamin.

(xxix) Fenethylline.

(xxx) Fenproporex.

(xxxi) Fluoroamphetamine.

(xxxii) Fluoromethamphetamine.

(xxxiii) Fluoromethcathinone.

(xxxiv) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine
(2C-I).

(xxxv) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine(2C-T-4).

(xxxvi) Mazindol.

(xxxvii) Mefenorex.

(xxxviii) Methamphetamine.

(xxxix) Methcathinone.

(xl) Methiopropamine.

(xli) Methoxy-alpha-pyrrolidinopropiophenone
(MOPPP).

(xlii) Methoxymethcathinone (methedrone).

(xliii) Methoxyphenethylamine mimetic substances
that are any substances derived from 2, 5-dimethoxy-phenethylamine by any
substitution at the phenyl ring, any substitution at the nitrogen atom, any
substitutions at the carbon atoms of the ethylamine, or any combination of the
above substitutions.

(xliv) 4-methylaminorex.

(xlv) Methyl-a-pyrrolidinobutiophenone
(MPBP).

(xlvi) Methylenedioxy-alphapyrrolidinopropiophenone
(MDPPP).

(xlvii) Methylenedioxyethcathinone (Ethylone).

(xlviii) Methylenedioxymethcathinone (Methylone).

(xlix) Methylenedioxypyrovalerone (MDPV).

(l) Methylmethcathinone (Mephedrone).

(li) Methylphenidate.

(lii) Modafinil.

(liii) Naphthylpyrovalerone (Naphyrone).

(liv) N-ethylamphetamine.

(lv) N, N-dimethylamphetamine.

(lvi) Pemoline.

(lvii) Phendimetrazine.

(lviii) Phenmetrazine.

(lix) Phentermine.

(lx) Pipradol.

(lxi) Propylhexedrine.

(lxii) Pyrovalerone.

(lxiii) Sibutramine.

(lxiv) Spa ((-)-1-dimethylamino-1,2-diphenylethane).

(d) Any material, compound, mixture or preparation
that contains any quantity of the following substances having a potential for
abuse associated with a depressant effect on the central nervous system:

(i) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of barbituric acid,
unless specifically excepted.

(ii) Alprazolam.

(iii) Bromazepam.

(iv) Camazepam.

(v) Carisoprodol.

(vi) Chloral betaine.

(vii) Chloral hydrate.

(viii) Chlordiazepoxide.

(ix) Chlorhexadol.

(x) Clobazam.

(xi) Clonazepam.

(xii) Clorazepate.

(xiii) Clotiazepam.

(xiv) Cloxazolam.

(xv) Delorazepam.

(xvi) Diazepam.

(xvii) Dichloralphenazone.

(xviii) Estazolam.

(xix) Ethchlorvynol.

(xx) Ethinamate.

(xxi) Ethyl loflazepate.

(xxii) Etizolam.

(xxiii) Fenfluramine.

(xxiv) Fludiazepam.

(xxv) Flunitrazepam.

(xxvi) Flurazepam.

(xxvii) Gamma hydroxy butyrate.

(xxviii) Glutethimide.

(xxix) Halazepam.

(xxx) Haloxazolam.

(xxxi) Hydroxyphencyclidine (HO-PCP).

(xxxii) Ketamine.

(xxxiii) Ketazolam.

(xxxiv) Loprazolam.

(xxxv) Lorazepam.

(xxxvi) Lormetazepam.

(xxxvii) Lysergic acid.

(xxxviii) Mebutamate.

(xxxix) Mecloqualone.

(xl) Medazepam.

(xli) Meprobamate.

(xlii) Methaqualone.

(xliii) Methohexital.

(xliv) 2-(methoxyphenyl)-2-(ethylamino)cyclohexanone
(Methoxetamine).

(xlv) 2-(methoxyphenyl)-2-(methylamino)cyclohexanone

(Methoxyketamine).

(xlvi) Methoxyphencyclidine(MeO-PCP).

(xlvii) Methyprylon.

(xlviii) Midazolam.

(xlix) Nimetazepam.

(l) Nitrazepam.

(li) Nordiazepam.

(lii) Oxazepam.

(liii) Oxazolam.

(liv) Paraldehyde.

(lv) Petrichloral.

(lvi) Phencyclidine (PCP).

(lvii) Phencyclidine mimetic substances that are any
substances derived from phenylcyclohexylpiperidine by any substitution at the
phenyl ring, any substitution at the piperidine ring, any substitution at the
cyclohexyl ring, any replacement of the phenyl ring or any combination of the
above. Substances in the phenylcyclohexylpiperidine generic
definition include Amino-PCP, BCP, Bromo-PCP, BTCP, Chloro-PCP,
Fluoro-PCP, HO-PCP, MeO-PCP, Methyl-PCP, Nitro-PCP,
Oxo-PCP, PCE, PCM, PCPY, TCP and TCPY.

(lviii) Pinazepam.

(lix) Prazepam.

(lx) Scopolamine.

(lxi) Sulfondiethylmethane.

(lxii) Sulfonethylmethane.

(lxiii) Sulfonmethane.

(lxiv) Quazepam.

(lxv) Temazepam.

(lxvi) Tetrazepam.

(lxvii) Tiletamine.

(lxviii) Triazolam.

(lxix) Zaleplon.

(lxx) Zolazepam.

(lxxi) Zolpidem.

(lxxii) Zopiclone.

(e) Any material, compound, mixture or preparation
that contains any quantity of the following anabolic steroids and their salts,
isomers or esters:

(i) Boldenone.

(ii) Clostebol (4-chlorotestosterone).

(iii) Dehydrochloromethyltestosterone.

(iv) Drostanolone.

(v) Ethylestrenol.

(vi) Fluoxymesterone.

(vii) Formebulone (formebolone).

(viii) Mesterolone.

(ix) Methandriol.

(x) Methandrostenolone (methandienone).

(xi) Methenolone.

(xii) Methyltestosterone.

(xiii) Mibolerone.

(xiv) Nandrolone.

(xv) Norethandrolon.

(xvi) Oxandrolone.

(xvii) Oxymesterone.

(xviii) Oxymetholone.

(xix) Stanolone (4-dihydrotestosterone).

(xx) Stanozolol.

(xxi) Testolactone.

(xxii) Testosterone.

(xxiii) Trenbolone.

7. "Deliver" means the actual,
constructive or attempted exchange from one person to another, whether or not
there is an agency relationship.

8. "Director" means the director of the
department of health services.

9. "Dispense" means distribute, leave
with, give away, dispose of or deliver.

10. "Drug court program" means a program
that is established pursuant to section 13-3422 by the presiding judge of
the superior court in cooperation with the county attorney in a county for the
purpose of prosecuting, adjudicating and treating drug dependent persons who
meet the criteria and guidelines for entry into the program that are developed
and agreed on by the presiding judge and the prosecutor.

11. "Drug dependent person" means a person
who is using a substance that is listed in paragraph 6, 19, 20, 21 or 28 of
this section and who is in a state of psychological or physical dependence, or
both, arising from the use of that substance.

12. "Federal act" has the same meaning
prescribed in section 32-1901.

13. "Isoamidone" means any substance
identified chemically as (4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3),
or any salt of such substance, by whatever trade name designated.

14. "Isonipecaine" means any substance
identified chemically as (1-methyl-4-phenyl-piperidine-4-carboxylic
acid ethyl ester), or any salt of such substance, by whatever trade name
designated.

15. "Ketobemidone" means any substance
identified chemically as (4-(3-hydroxyphenyl)-1-methyl-4-piperidylethyl
ketone hydrochloride), or any salt of such substance, by whatever trade name
designated.

16. "Licensed" or "permitted"
means authorized by the laws of this state to do certain things.

17. "Manufacture" means produce, prepare,
propagate, compound, mix or process, directly or indirectly, by extraction from
substances of natural origin or independently by means of chemical synthesis,
or by a combination of extraction and chemical
synthesis. Manufacture includes any packaging or repackaging or
labeling or relabeling of containers. Manufacture does not include any
producing, preparing, propagating, compounding, mixing, processing, packaging
or labeling done in conformity with applicable state and local laws and rules
by a licensed practitioner incident to and in the course of his licensed
practice.

18. "Manufacturer" means a person who
manufactures a narcotic or dangerous drug or other substance controlled by this
chapter.

19. "Marijuana" means all parts of any
plant of the genus cannabis, from which the resin has not been extracted,
whether growing or not, and the seeds of such plant. Marijuana does
not include the mature stalks of such plant or the sterilized seed of such
plant which is incapable of germination.

20. "Narcotic drugs" means the following,
whether of natural or synthetic origin and any substance neither chemically nor
physically distinguishable from them:

(a) Acetyl-alpha-methylfentanyl.

(b) Acetylmethadol.

(c) Alfentanil.

(d) Allylprodine.

(e) Alphacetylmethadol.

(f) Alphameprodine.

(g) Alphamethadol.

(h) Alpha-methylfentanyl.

(i) Alpha-methylthiofentanyl.

(j) Alphaprodine.

(k) Amidone (methadone).

(l) Anileridine.

(m) Benzethidine.

(n) Benzylfentanyl.

(o) Betacetylmethadol.

(p) Beta-hydroxyfentanyl.

(q) Beta-hydroxy-3-methylfentanyl.

(r) Betameprodine.

(s) Betamethadol.

(t) Betaprodine.

(u) Bezitramide.

(v) Buprenorphine and its salts.

(w) Butonitazene.

(x) Cannabis.

(y) Carfentanil.

(z) 4-chloro-n-[-1-[2-(4-nitrophenyl)ethyl]-2-piperidinylidene]benzenesulfonamide
(W-18).

(aa) 4-chloro-n-[1-(2-pheylethyl)-2-piperidinylidene]
benzenesulfonamide (W-15).

(bb) Clonitazene.

(cc) Coca leaves.

(dd) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine
(MT-45).

(ee) Dextromoramide.

(ff) Dextropropoxyphene.

(gg) Diampromide.

(hh) 3,4-dichloro-n-(-[1-(dimethylamino)cyclohexyl]methyl)-benzamide
(AH-7921).

(ii) 3,4-dichloro-n-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide
(U-47700).

(jj) Diethylthiambutene.

(kk) Difenoxin.

(ll) Dihydrocodeine.

(mm) Dimenoxadol.

(nn) Dimepheptanol.

(oo) Dimethylthiambutene.

(pp) Dioxaphetyl butyrate.

(qq) Diphenidine (DEP).

(rr) Diphenoxylate.

(ss) Dipipanone.

(tt) Ephenidine.

(uu) Ethylmethylthiambutene.

(vv) Etodesnitazene.

(ww) Etonitazene.

(xx) Etonitazepyne.

(yy) Etoxeridine.

(zz) Fentanyl.

(aaa) Fentanyl mimetic substances that are any
substances derived from fentanyl by any substitution in the phenethyl group,
any substitution in the piperidine ring, any substitution in the aniline ring,
any replacement of the phenyl portion of the phenethyl group, any replacement
of the N-propionyl group or any combination of the above.

(bbb) Flunitazene.

(ccc) Furethidine.

(ddd) Hydroxypethidine.

(eee) Isoamidone (isomethadone).

(fff) Isophenidine.

(ggg) Isotonitazene.

(hhh) Pethidine (meperidine).

(iii) Ketobemidone.

(
jjj
) ANY
MATERIAL, COMPOUND, MIXTURE OR PREPARATION THAT CONTAINS ANY OF THE FOLLOWING:

(
i
) AT LEAST
eight hundred
PARTS PER MILLION of 7-HYDROXYMITRAGYNINE.

(
ii
) ANY
QUANTITY OF SYNTHETIC 7-HYDROXYMITRAGYNINE, SYNTHETIC MITRAGYNINE
or
PSEUDOINDOXYL OR ANY OTHER SYNTHETICALLY
DERIVED COMPOUND OF THE PLANT MITRAGYNA SPECIOSA.

(jjj)
(
kkk
)
Lefetamine.

(kkk)
(
lll
)
Levomethorphan.

(lll)
(
mmm
)
Levomoramide.

(mmm)
(
nnn
)
Levophenacylmorphan.

(nnn)
(
ooo
)
Levorphanol.

(ooo)
(
ppp
)
Metazocine.

(ppp)

(
qqq
)
Methoxphenidine (MXP).

(qqq)
(
rrr
)
3-methylfentanyl.

(rrr)
(
sss
)
1-methyl-4-phenyl-4-propionoxypiperidine
(MPPP).

(sss)
(
ttt
)
3-methylthiofentanyl.

(ttt)
(
uuu
)
Metodesnitazene.

(uuu)

(
vvv
)
Metonitazene.

(vvv)
(
www
)
Morpheridine.

(www)
(
xxx
)
Noracymethadol.

(xxx)
(
yyy
)
Norlevorphanol.

(yyy)

(
zzz
)
Normethadone.

(zzz)
(
aaaa
)
Norpipanone.

(aaaa)
(
bbbb
)
Opium.

(bbbb)
(
cccc
)
Para-fluorofentanyl.

(cccc)
(
dddd
)
Pentazocine.

(dddd)
(
eeee
)
Phenadoxone.

(eeee)
(
ffff
)
Phenampromide.

(ffff)
(
gggg
)
Phenazocine.

(gggg)
(
hhhh
)
1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine
(PEPAP).

(hhhh)
(
iiii
)
Phenomorphan.

(iiii)
(
jjjj
)
Phenoperidine.

(jjjj)
(
kkkk
)
Piminodine.

(kkkk)
(
llll
)
Piritramide.

(llll)
(
mmmm
)
Proheptazine.

(mmmm)
(
nnnn
)
Properidine.

(nnnn)
(
oooo
)
Propiram.

(oooo)
(
pppp
)
Protonitazene.

(pppp)
(
qqqq
)
Racemethorphan.

(qqqq)
(
rrrr
)
Racemoramide.

(rrrr)
(
ssss
)
Racemorphan.

(ssss)
(
tttt
)
Remifentanil.

(tttt)
(
uuuu
)
Sufentanil.

(uuuu)
(
vvvv
)
Thenylfentanyl.

(vvvv)
(
wwww
)
Thiofentanyl.

(wwww)
(
xxxx
)
Tilidine.

(xxxx)
(
yyyy
)
Tramadol,
2-[(dimethylamino)methyl]-1-(3-methoxyphenyl) cyclohexanol, and its salts,
optical and geometric isomers, and its salts of isomers.

(yyyy)

(
zzzz
)
Trimeperidine.

21. "Opium" means any compound,
manufacture, salt, isomer, salt of isomer, derivative, mixture or preparation
of the following, but does not include apomorphine or any of its salts:

(a) Acetorphine.

(b) Acetyldihydrocodeine.

(c) Benzylmorphine.

(d) Codeine.

(e) Codeine methylbromide.

(f) Codeine-N-oxide.

(g) Cyprenorphine.

(h) Desomorphine.

(i) Dihydromorphine.

(j) Drotebanol.

(k) Ethylmorphine.

(l) Etorphine.

(m) Heroin.

(n) Hydrocodone.

(o) Hydromorphinol.

(p) Hydromorphone.

(q) Levo-alphacetylmethadol.

(r) Methyldesorphine.

(s) Methyldihydromorphine.

(t) Metopon.

(u) Morphine.

(v) Morphine methylbromide.

(w) Morphine methylsulfonate.

(x) Morphine-N-oxide.

(y) Myrophine.

(z) Nalorphine.

(aa) Nicocodeine.

(bb) Nicomorphine.

(cc) Normorphine.

(dd) Oxycodone.

(ee) Oxymorphone.

(ff) Pholcodine.

(gg) Thebacon.

(hh) Thebaine.

22. "Ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine
or phenylpropanolamine product" means a product that contains ephedrine,
pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine and that
is all of the following:

(a) Approved for sale under the federal act.

(b) Labeled, advertised and marketed only for an
indication that is approved by the federal food and drug administration.

(c) Either:

(i) A nonliquid that is sold in package sizes of not
more than three grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine
or phenlypropanolamine and that is packaged in blister packs containing not
more than two dosage units or, if the use of blister packs is technically
infeasible, that is packaged in unit dose packets or pouches.

(ii) A liquid that is sold in package sizes of not
more than three grams of ephedrine, pseudoephedrine, (-)-norpseudoephedrine
or phenylpropanolamine.

23. "Peyote" means any part of a plant of
the genus lophophora, known as the mescal button.

24. "Pharmacy" means a licensed business
where drugs are compounded or dispensed by a licensed pharmacist.

25. "Practitioner" means a person licensed
to prescribe and administer drugs.

26. "Precursor chemical I" means any
material, compound, mixture or preparation which contains any quantity of the
following substances and their salts, optical isomers or salts of optical
isomers:

(a) N-acetylanthranilic acid.

(b) Anthranilic acid.

(c) Ephedrine.

(d) Ergotamine.

(e) Isosafrole.

(f) Lysergic acid.

(g) Methylamine.

(h) N-ethylephedrine.

(i) N-ethylpseudoephedrine.

(j) N-methylephedrine.

(k) N-methylpseudoephedrine.

(l) Norephedrine.

(m) (-)-Norpseudoephedrine.

(n) Phenylacetic acid.

(o) Phenylpropanolamine.

(p) Piperidine.

(q) Pseudoephedrine.

27. "Precursor chemical II" means any
material, compound, mixture or preparation which contains any quantity of the
following substances and their salts, optical isomers or salts of optical
isomers:

(a) 4-cyano-2-dimethylamino-4, 4-diphenyl
butane.

(b) 4-cyano-1-methyl-4-phenylpiperidine.

(c) Chlorephedrine.

(d) Chlorpseudoephedrine.

(e) Ethyl-4-phenylpiperidine-4-carboxylate.

(f) 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid.

(g) 1-methyl-4-phenylpiperidine-4-carboxylic
acid.

(h) N-formyl amphetamine.

(i) N-formyl methamphetamine.

(j) Phenyl-2-propanone.

(k) 1-piperidinocyclohexane carbonitrile.

(l) 1-pyrrolidinocyclohexane carbonitrile.

28. "Prescription-only drug" does
not include a dangerous drug or narcotic drug but means:

(a) Any drug which because of its toxicity or other
potentiality for harmful effect, or the method of its use, or the collateral
measures necessary to its use, is not generally recognized among experts,
qualified by scientific training and experience to evaluate its safety and
efficacy, as safe for use except by or under the supervision of a medical
practitioner.

(b) Any drug that is limited by an approved new drug
application under the federal act or section 32-1962 to use under the
supervision of a medical practitioner.

(c) Every potentially harmful drug, the labeling of
which does not bear or contain full and adequate directions for use by the
consumer.

(d) Any drug required by the federal act to bear on
its label the legend "Caution: Federal law prohibits dispensing
without prescription" or "Rx only".

29. "Produce" means grow, plant,
cultivate, harvest, dry, process or prepare for sale.

30. "Regulated chemical" means the
following substances in bulk form that are not a useful part of an otherwise
lawful product:

(a) Acetic anhydride.

(b) Hypophosphorous acid.

(c) Iodine.

(d) Sodium acetate.

(e) Red phosphorus.

(f) Gamma butyrolactone (GBL).

(g) 1, 4-butanediol.

(h) Butyrolactone.

(i) 1, 2 butanolide.

(j) 2-oxanalone.

(k) Tetrahydro-2-furanone.

(l) Dihydro-2(3H)-furanone.

(m) Tetramethylene glycol.

31. "Retailer" means either:

(a) A person other than a practitioner who sells any
precursor chemical or regulated chemical to another person for purposes of
consumption and not resale, whether or not the person possesses a permit issued
pursuant to title 32, chapter 18.

(b) A person other than a manufacturer or wholesaler
who purchases, receives or acquires more than twenty-four grams of a
precursor chemical.

32. "Sale" or "sell" means an
exchange for anything of value or advantage, present or prospective.

33. "Sale for
personal use" means the retail sale for a legitimate medical use in a
single transaction to an individual customer, to an employer for dispensing to
employees from first aid kits or medicine chests or to a school for administration
pursuant to section 15-344.

34. "Scientific purpose" means research,
teaching or chemical analysis.

35. "Suspicious transaction" means a
transaction to which any of the following applies:

(a) A report is required under the federal act.

(b) The circumstances would lead a reasonable person
to believe that any person is attempting to possess a precursor chemical or
regulated chemical for the purpose of unlawful manufacture of a dangerous drug
or narcotic drug, based on such factors as the amount involved, the method of
payment, the method of delivery and any past dealings with any participant.

(c) The transaction involves payment for precursor
or regulated chemicals in cash or money orders in a total amount of more than
$200.

(d) The transaction involves a sale, a transfer or
furnishing to a retailer for resale without a prescription of ephedrine,
pseudoephedrine, (-)-norpseudoephedrine or phenylpropanolamine that
is not an ordinary ephedrine, pseudoephedrine, (-)-norpseudoephedrine or
phenylpropanolamine product.

36. "Threshold amount" means a weight,
market value or other form of measurement of an unlawful substance as follows:

(a) One gram of heroin.

(b) Nine grams of cocaine, including hydrolyzed
cocaine.

(c) Four grams or 50 milliliters of PCP.

(d) Nine grams of methamphetamine, including
methamphetamine in liquid suspension.

(e) Nine grams of amphetamine, including amphetamine
in liquid suspension.

(f) One-half milliliter of lysergic acid
diethylamide, or in the case of blotter dosage units fifty dosage units.

(g) Two pounds of marijuana.

(h) Nine grams of fentanyl or fentanyl mimetic
substances.

(i) For any combination consisting solely of those
unlawful substances listed in subdivisions (a) through (h) of this paragraph,
an amount equal to or in excess of the threshold amount, as determined by the
application of section 13-3420.

(j) For any unlawful substance not listed in
subdivisions (a) through (h) of this paragraph or any combination involving any
unlawful substance not listed in subdivisions (a) through (h) of this
paragraph, a value of at least $1,000.

37. "Transfer" means furnish, deliver or
give away.

38. "Vapor-releasing substance containing
a toxic substance" means a material which releases vapors or fumes
containing any of the following:

(a) Ketones, including acetone, methyl ethyl ketone,
mibk, miak, isophorone and mesityl oxide.

(b) Hydrocarbons, including propane, butane,
pentane, hexane, heptane and halogenated hydrocarbons.

(c) Ethylene dichloride.

(d) Pentachlorophenol.

(e) Chloroform.

(f) Methylene chloride.

(g) Trichloroethylene.

(h) Difluoroethane.

(i) Tetrafluoroethane.

(j) Aldehydes, including formaldehyde.

(k) Acetates, including ethyl acetate and butyl
acetate.

(l) Aromatics, including benzene, toluene, xylene,
ethylbenzene and cumene.

(m) Alcohols, including methyl alcohol, ethyl
alcohol, isopropyl alcohol, butyl alcohol and diacetone alcohol.

(n) Ether, including Diethyl ether and petroleum
ether.

(o) Nitrous oxide.

(p) Amyl nitrite.

(q) Isobutyl nitrite.

39. "Weight" unless otherwise specified
includes the entire weight of any mixture or substance that contains a
detectable amount of an unlawful substance. If a mixture or
substance contains more than one unlawful substance, the weight of the entire
mixture or substance is assigned to the unlawful substance that results in the
greater offense. If a mixture or substance contains lysergic acid diethylamide,
the offense that results from the unlawful substance shall be based on the
greater offense as determined by the entire weight of the mixture or substance
or the number of blotter dosage units. For the purposes of this
paragraph, "mixture" means any combination of substances from which
the unlawful substance cannot be removed without a chemical process.

40. "Wholesaler" means a person who in the
usual course of business lawfully supplies narcotic drugs, dangerous drugs,
precursor chemicals or regulated chemicals that he himself has not produced or
prepared, but not to a person for the purpose of consumption by the person,
whether or not the wholesaler has a permit that is issued pursuant to title 32,
chapter 18. Wholesaler includes a person who sells, delivers or dispenses
a precursor chemical in an amount or under circumstances that would require
registration as a distributor of precursor chemicals under the federal act.
END_STATUTE

Sec. 2. Section 36-795, Arizona Revised Statutes, is amended to read:

START_STATUTE
36-795.

Definitions

In this article, unless the context otherwise requires:

1. "Food" means a food as
defined in section 36-901, food product, food ingredient, dietary
ingredient, dietary supplement or beverage for human consumption.

1. "Kratom" means the plant
or any part of the plant mitragyna speciosa.

2. "Kratom product" means
a
food
any
product
or dietary
ingredient containing any part of the leaf of the plant mitragyna speciosa
that is made from kratom and that is made to be INGESTIBLE or
inhalable
.

3. "Processor" means a
person that sells, prepares, manufactures, distributes, wholesales or maintains
kratom products or that advertises, represents or holds itself out as selling,
preparing or maintaining kratom products.

4. "Retailer" means a person
that sells or distributes kratom products or that advertises, represents or
holds itself out as selling or maintaining kratom products.

END_STATUTE

Sec. 3.
Repeal

Section 36-795.01, Arizona Revised
Statutes, is repealed.

Sec. 4. Title 36, chapter 6, article 10,
Arizona Revised Statutes, is amended by adding a new section 36-795.01, to
read:

START_STATUTE
36-795.01.

Kratom products; labeling required

Any kratom product that is offered for sale or
sold in this state must include a label or consumer scannable quick response
code or similar technology that provides all of the following:

1. The ingredients of the kratom
product.

2. The quantity of mitragynine or
7-hydroxymitragynine in the kratom product.

3. The
recommended
serving size of the kratom product.

4. The number of servings in the
kratom product.

END_STATUTE

Sec. 5. Section 36-795.02, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-795.02.

Prohibited manufacture, distribution and sales; minimum age;
location

A. A processor or retailer may not
prepare, distribute, sell or expose for sale any of the following:

1. A kratom product that is
adulterated with a dangerous nonkratom substance. A kratom product
is adulterated with a dangerous nonkratom substance if the kratom product is
mixed or packed with a nonkratom substance and that substance affects the
quality or strength of the kratom product to such a degree as to render the
kratom product injurious to a consumer.

2. A kratom product that is
contaminated with a dangerous nonkratom substance. A kratom product
is contaminated with a dangerous nonkratom substance if the kratom product
contains a poisonous or otherwise deleterious nonkratom substance, including
any controlled substance prescribed by chapter 27 of this title or rules
adopted pursuant to chapter 27 of this title.

3. A kratom product containing a level
of 7-hydroxymitragynine in the alkaloid fraction that is greater than two
percent of the alkaloid composition of the product.

4. A kratom product containing any
synthetic alkaloid, including synthetic mitragynine, synthetic 7-hydroxymitragynine
or any other synthetically derived compounds of the kratom plant.

5. Any kratom-containing product
that does not include on its package or label the amount of mitragynine and 7-hydroxymitragynine
contained in the product.

B.

a.
A
processor or retailer
person
may not
prepare, manufacture,
distribute,

transport, offer for sale or
sell
or expose
for sale
a kratom product to an individual who is under
eighteen
twenty-one
years of age.

B. A retailer may not sell any kratom
product within five hundred feet of a public or private school, a child care
facility or a facility that provides preschool programs.

END_STATUTE

Sec. 6. Section 36-795.03, Arizona Revised
Statutes, is amended to read:

START_STATUTE
36-795.03.

Enforcement; violations; classification

A. In addition to the violations and
remedies specified in this section, violations and enforcement of this article
are governed by chapter 8 of this title.

B.

A.
A

processor or retailer that
person who

violates section 36-795.01
, subsection B or section 36-795.02

is guilty of a class 2 misdemeanor.

B. A person who violates section 36-795.02
is guilty of a class
1 misdemeanor.

C.
A person who
commits a second or subsequent violation of section 36-795.02 within
twenty-four months is guilty of a class 6 felony.

C.
D.
In
addition to and distinct from any other remedy at law or equity, a person
who is
aggrieved by a violation of section 36-795.01
, subsection B
or
section
36-795.02
, subsection A
may bring a private cause of action in a court of
competent jurisdiction for damages resulting from that violation, including
economic, noneconomic or consequential damages.

D. A processor or retailer does not
violate section 36-795.01, subsection B or section 36-795.02,
subsection A if the court finds by a preponderance of the evidence that the
processor or retailer relied in good faith on the representation of a
manufacturer, packer or distributor that the food was a kratom product.

END_STATUTE

Sec. 7. Title 36, chapter 6, article 10,
Arizona Revised Statutes, is amended by adding sections 36-795.04 and 36-795.05,
to read:

START_STATUTE
36-795.04.

Kratom products; storage; packaging; advertising; warning;
enforcement

A. A retailer shall keep all kratom
products behind the sales counter.

B. A
processor
or retailer that SELLS KRATOM PRODUCTS MAY NOT:

1. PACKAGE OR LABEL ANY KRATOM
PRODUCT IN A FALSE OR MISLEADING MANNER.

2. ADVERTISE KRATOM OR KRATOM
PRODUCTS, INCLUDING KRATOM PARAPHERNALIA, TO INDIVIDUALS WHO ARE UNDER
TWENTY-ONE YEARS OF AGE, INCLUDING ADVERTISING:

(
a
) WITH NAMES
THAT RESEMBLE OR IMITATE FOOD OR DRINK BRANDS THAT ARE MARKETED TO CHILDREN.

(
b
) WITH IMAGES
OR LIKENESSES OF TOYS, CARTOONS OR ANIMATED OR FICTIONAL CHARACTERS, INCLUDING
SANTA CLAUS, THAT ARE DESIGNED TO APPEAL TO OR ENCOURAGE INDIVIDUALS WHO ARE
UNDER TWENTY-ONE YEARS OF AGE TO CONSUME KRATOM OR KRATOM PRODUCTS.

(
c
) With images
or visual representations of the consumption of kratom or kratom products.

(
d
) IN A MEDIUM
THAT SPECIFICALLY APPEALS TO INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE
SUCH THAT THE ADVERTISING HAS A SPECIAL ATTRACTIVENESS TO INDIVIDUALS WHO ARE
UNDER TWENTY-ONE YEARS OF AGE BEYOND GENERAL ATTRACTIVENESS FOR INDIVIDUALS WHO
ARE AT LEAST TWENTY-ONE YEARS OF AGE.

3. Advertise at, on or within public
airports, public transportation shelters, public buses, public trains, public
shuttles or public trams.

4. ADVERTISE ANY HEALTH-RELATED
STATEMENT OR STATEMENT REGARDING THE EFFECTS OF KRATOM CONSUMPTION ON HEALTH
THAT IS KNOWN TO BE UNTRUE.

5. Advertise electronically, via
social media or on a website, unless at least 73.6 percent of the audience is
expected to be at least twenty-one years of age.

6. Sponsor any sporting event unless
at least 73.6 percent of the audience is expected to be at least twenty-one
years of age or the sponsored organization provides written
approval. Any sponsorship acknowledgement shall be in accordance
with restrictions imposed by this section.

C. All advertising pursuant to this
section must contain the following conspicuous and legible warning:� "Do
not use kratom if you are under twenty-one years of age or pregnant.� Keep
kratom out of reach of children."� All printed warnings must occupy at
least ten percent of the advertising area and must be in black font on a white
background, except that billboard advertisement warnings shall be in a type
size that is at least ten percent of the largest type used in the
advertisement.

D. A billboard advertisement under
this section is prohibited within one thousand radial feet of any child care
center, church, substance abuse recovery facility, public park, public
playground or public or private school that provides instruction to students in
preschool or kindergarten programs or any of grades one through twelve. �An
individual or entity that violates this subsection, on notification by the
attorney general's office, has thirty days to comply with the requirements of
this subsection. For circumstances beyond the control of the
billboard operator that may prevent removal within the prescribed time frame,
the advertisement must be removed as soon as safely and legally practicable.� An
individual or entity that does not comply with this subsection is subject to
the civil penalties and disciplinary action prescribed in this section.

E. An advertising platform may host
advertising only if the advertising accurately and legibly identifies the
entity responsible for the content of the advertising and the advertising
contains a printed warning that complies with subsection C of this section.

F. Any advertising under this article
involving direct, individualized communication or dialogue shall use a method
of age affirmation to verify that the recipient is at least twenty-one years of
age before engaging in that communication or dialogue. �For the purposes of
this subsection, that method of age affirmation may include user confirmation,
birth date disclosure or other similar registration methods.

G. AN INDIVIDUAL OR ENTITY THAT
VIOLATES THIS SECTION, ON NOTIFICATION BY THE DEPARTMENT OR THE ATTORNEY
GENERAL'S OFFICE, HAS FOURTEEN DAYS TO COMPLY WITH THE REQUIREMENTS OF THIS
SECTION.

H. THIS SECTION SHALL BE ENFORCED BY
THE ATTORNEY GENERAL.
END_STATUTE

START_STATUTE
36-795.0
5
.

Kratom
testing; analysis;
limitations;
coordi
coordi
nation

A. A
law enforcement agency or crime laboratory is not required to
test
or
analyze a kratom product
or any other
product
to identify the presence of kratom or to distinguish
between natural and synthetic kratom if the law enforcement agency or crime
laboratory does not possess the necessary capability.

B. If
a law enforcement agency or crime laboratory does not possess the
necessary

capability to
test or analyze a kratom
product or any other product to
identify the
presence of kratom or to distinguish between natural and synthetic kratom, the
attorney general may coordinate
testing and analysis through a
qualified laboratory.
END_STATUTE

Sec. 8.
Conditional repeal; notice

A. Title 36, chapter 6,
article 10, Arizona Revised Statutes, is repealed if, on or before January 1,
2037, the United States food and drug administration or the United States drug
enforcement administration schedules kratom, mitragynine or any substance that
is derived from the mitragyna speciosa plant as a controlled substance.

B. On or before March 1,
2037, the executive director of the Arizona state board of pharmacy shall
notify the director of the Arizona legislative council in writing either:

1. Of the date on which the
condition was met.

2. That the condition was
not met.