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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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