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Full Text of HB4930
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HB4930 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4930
Introduced , by Rep. William E Hauter
SYNOPSIS AS INTRODUCED:
New Act
Creates the Protect Communities from Unregulated Substances Act.
Prohibits dispensing, distributing, manufacturing, or selling kratom or
tianeptine products for human use unless approved by the U.S. Food and Drug
Administration. Provides civil penalties of $10,000 per violation and
authorizes enforcement by the Attorney General. Declares findings. Defines
"kratom", "kratom product", and "tianeptine product". Includes
severability. Effective immediately.
LRB104 20229 BDA 33680 b
A BILL FOR
HB4930
LRB104 20229 BDA 33680 b
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1.
Short title.
This Act may be cited as the
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Protect Communities from Unregulated Substances Act.
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Section 5.
Findings.
The General Assembly finds and
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declares that:
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(a) Unregulated kratom and tianeptine are dangerous
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substances and represent serious public health concerns.
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(b) The U.S. Food and Drug Administration has determined
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that kratom is not appropriate for use as a dietary supplement
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and there are no drug products approved by the U.S. Food and
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Drug Administration containing kratom or its known alkaloids
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legally sold in the United States.
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(c) An estimated 1,700,000 Americans said they used kratom
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in 2021.
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(d) Tianeptine, also referred to as gas station heroin, is
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not approved by the U.S. Food and Drug Administration for any
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medical use.
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(e) The U.S. Food and Drug Administration has warned that
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tianeptine use can lead to symptoms of varying severity,
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including agitation, drowsiness, confusion, sweating, rapid
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heartbeat, high blood pressure, nausea, vomiting, slowed or
HB4930
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LRB104 20229 BDA 33680 b
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stopped breathing, coma, and death.
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Section 10.
Definitions.
As used in this Act:
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"Kratom" includes any part of the leaf of the plant
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Mitragyna speciosa, whether growing or not, and any compound,
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manufacture, salt, derivative, mixture, or preparation of the
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plant.
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"Kratom product" means a finished product containing
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kratom in fresh, frozen, dehydrated, dried, extract, fluid,
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paste, pill, or powder.
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"Tianeptine product" means a finished product containing
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tianeptine intended for human use in a beverage, capsule,
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pill, powder, or other edible or consumable form.
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Section 15.
Consumer protections against unregulated
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products.
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(a) It is unlawful for any person, business, or other
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entity to dispense, distribute, make available, offer for
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sale, manufacture, produce, or sell a kratom product or
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tianeptine product for human use that has not been approved by
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the U.S. Food and Drug Administration.
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(b) Any person who violates this Section is liable for a
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civil penalty of $10,000 for each violation. The Attorney
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General shall enforce this Act by initiating a civil suit to
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collect the civil penalties under this Section. This Act shall
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not be interpreted to limit availability of equitable remedies
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or recovery of damages under the common law or statute.
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Section 97.
Severability.
The provisions of this Act are
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severable under Section 1.31 of the Statute on Statutes.
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Section 99.
Effective date.
This Act takes effect upon
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becoming law.
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