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A1203
ASSEMBLY, No. 1203
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ALEXANDER "AVI" SCHNALL
District 30 (Monmouth and Ocean)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Co-Sponsored by:
Assemblywomen Haider and Drulis
SYNOPSIS
���� "CJ's Law"; Criminalizes manufacture and
distribution of substances containing kratom under certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning controlled dangerous substances,
designated as CJ�s Law, amending N.J.S.2C:35-2, and supplementing Title 2C of
the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� N.J.S.2C:35-2 is amended
to read as follows:
���� 2C:35-2.� As used in this
chapter:
���� "Administer" means
the direct application of a controlled dangerous substance or controlled
substance analog, whether by injection, inhalation, ingestion, or any other
means, to the body of a patient or research subject by:� (1) a practitioner,
or, in the practitioner�s presence, by the practitioner�s lawfully authorized
agent, or (2) the patient or research subject at the lawful direction and in
the presence of the practitioner.
���� "Agent" means an
authorized person who acts on behalf of or at the direction of a manufacturer,
distributor, or dispenser but does not include a common or contract carrier,
public warehouseman, or employee thereof.
���� "Controlled dangerous
substance" means a drug, substance, or immediate precursor in Schedules I
through V, marijuana and hashish as defined in this section, any substance the
distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3
of P.L.1997, c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194
(C.2C:35-5.3), in section 2 of P.L.2011, c.120 (C.2C:35-5.3a),
[
or
]
in section 2
of P.L.2013, c.35 (C.2C:35-5.3b),
or in section 2 of P.L.��� , c.� (C.������
) (pending before the Legislature as this bill),
and any drug or substance
which, when ingested, is metabolized or otherwise becomes a controlled
dangerous substance in the human body. When any statute refers to controlled
dangerous substances, or to a specific controlled dangerous substance, it shall
also be deemed to refer to any drug or substance which, when ingested, is
metabolized or otherwise becomes a controlled dangerous substance or the
specific controlled dangerous substance, and to any substance that is an
immediate precursor of a controlled dangerous substance or the specific
controlled dangerous substance.� The term shall not include distilled spirits,
wine, malt beverages, as those terms are defined or used in R.S.33:1-1 et seq.,
tobacco and tobacco products, or cannabis and cannabis as defined in section 3
of P.L.2021, c.16 (C.24:6I-33).� The term, wherever it appears in any law or
administrative regulation of this State, shall include controlled substance
analogs.
���� "Controlled substance
analog" means a substance that has a chemical structure substantially
similar to that of a controlled dangerous substance and that was specifically
designed to produce an effect substantially similar to that of a controlled
dangerous substance.� The term shall not include a substance manufactured or
distributed in conformance with the provisions of an approved new drug
application or an exemption for investigational use within the meaning of
section 505 of the "Federal Food, Drug and Cosmetic Act," 52 Stat.
1052 (21 U.S.C. s.355).
���� "Counterfeit
substance" means a controlled dangerous substance or controlled substance
analog which, or the container or labeling of which, without authorization,
bears the trademark, trade name, or other identifying mark, imprint, number, or
device, or any likeness thereof, of a manufacturer, distributor, or dispenser
other than the person or persons who in fact manufactured, distributed, or
dispensed the substance and which thereby falsely purports or is represented to
be the product of, or to have been distributed by, such other manufacturer,
distributor, or dispenser.
���� "Deliver" or
"delivery" means the actual, constructive, or attempted transfer from
one person to another of a controlled dangerous substance or controlled
substance analog, whether or not there is an agency relationship.
���� "Dispense" means to
deliver a controlled dangerous substance or controlled substance analog to an
ultimate user or research subject by or pursuant to the lawful order of a
practitioner, including the prescribing, administering, packaging, labeling, or
compounding necessary to prepare the substance for that delivery.
"Dispenser" means a practitioner who dispenses.
���� "Distribute" means
to deliver other than by administering or dispensing a controlled dangerous
substance or controlled substance analog.� "Distributor" means a
person who distributes.
���� "Drugs" means (1)
substances recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official National Formulary,
or any supplement to any of them; and (2) substances intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of disease in man or
other animals; and (3) substances, other than food, intended to affect the
structure or any function of the body of man or other animals; and (4)
substances intended for use as a component of any substance specified in (1),
(2), and (3) of this definition; but does not include devices or their
components, parts, or accessories.� The term "drug" also does not
include:� hemp and hemp products cultivated, handled, processed, transported,
or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019,
c.238 (C.4:28-6 et al.); cannabis as defined in section 3 of P.L.2021, c.16
(C.24:6I-31 et al.) which is cultivated and produced for use in a cannabis
item, as defined in that section, in accordance with the "New Jersey
Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization
Act," P.L.2021, c.16 (C.24:6I-31 et al.); and cannabis resin as defined in
that section 3 (C.24:6I-33) which is extracted for use in a cannabis item, as
defined in that section, in accordance with that act.
���� "Hashish" means the
resin extracted from any part of the plant Cannabis sativa L. and any compound,
manufacture, salt, derivative, mixture, or preparation of such resin.�
"Hashish" shall not mean:� hemp and hemp products cultivated, handled,
processed, transported, or sold pursuant to the "New Jersey Hemp Farming
Act," P.L.2019, c.238 (C.4:28-6 et al.); or cannabis resin as defined in
section 3 of P.L.2021, c.16 (C.24:6I-33) which is extracted for use in a
cannabis item, as defined in that section, in accordance with the "New
Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).
���� "Immediate
precursor" means a substance which the Division of Consumer Affairs in the
Department of Law and Public Safety has found to be and by regulation
designates as being the principal compound commonly used or produced primarily
for use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled dangerous substance or controlled
substance analog, the control of which is necessary to prevent, curtail, or
limit such manufacture.
���� "Manufacture" means
the production, preparation, propagation, compounding, conversion, or
processing of a controlled dangerous substance or controlled substance analog,
either directly or by extraction from substances of natural origin, or independently
by means of chemical synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the substance or
labeling or relabeling of its container, except that this term does not include
the preparation or compounding of a controlled dangerous substance or
controlled substance analog by an individual for the individual�s own use or
the preparation, compounding, packaging, or labeling of a controlled dangerous
substance:� (1) by a practitioner as an incident to the practitioner
administering or dispensing a controlled dangerous substance or controlled
substance analog in the course of the practitioner�s professional practice, or
(2) by a practitioner, or under the practitioner�s supervision, for the purpose
of, or as an incident to, research, teaching, or chemical analysis and not for
sale.
���� "Marijuana" means
all parts of the plant Cannabis sativa L., whether growing or not; the seeds
thereof, and every compound, manufacture, salt, derivative, mixture, or
preparation of the plant or its seeds, except those containing resin extracted
from the plant.� "Marijuana" shall not mean:� hemp and hemp products
cultivated, handled, processed, transported, or sold pursuant to the "New
Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.); or cannabis
as defined in section 3 of P.L.2021, c.16 (C.24:6I-33) which is cultivated and
produced for use in a cannabis item, as defined in that section, in accordance
with the "New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act," P.L.2021, c.16 (C.24:6I-31 et al.).
���� "Narcotic drug"
means any of the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently by means of
chemical synthesis, or by a combination of extraction and chemical synthesis:
���� (1)� Opium, coca leaves, and
opiates;
���� (2)� A compound, manufacture,
salt, derivative, or preparation of opium, coca leaves, or opiates;
���� (3)� A substance, and any
compound, manufacture, salt, derivative, or preparation thereof, which is
chemically identical with any of the substances referred to in (1) and (3) of
this definition, except that the words "narcotic drug" as used in
this act shall not include decocainized coca leaves or extracts of coca leaves,
which extracts do not contain cocaine or ecogine.
���� "Opiate" means any
dangerous substance having substance use disorder-forming or substance use
disorder-sustaining liability similar to morphine or being capable of
conversion into a drug having such substance use disorder-forming or substance
use disorder-sustaining liability.� �Opiate� does not include, unless
specifically designated as controlled pursuant to the provisions of section 3
of P.L.1970, c.226 (C.24:21-3), the dextrorotatory isomer of
3-methoxy-n-methylmorphinan and its salts (dextromethorphan).� �Opiate�
includes its racemic and levorotatory forms.
���� "Opium poppy" means
the plant of the species Papaver somniferum L., except the seeds thereof.
���� "Person" means any
corporation, association, partnership, trust, other institution or entity, or
one or more individuals.
���� �Person with a substance use
disorder� means a person who as a result of using a controlled dangerous
substance or controlled substance analog or alcohol has been in a state of
psychic or physical dependence, or both, arising from the use of that controlled
dangerous substance or controlled substance analog or alcohol on a continuous
or repetitive basis.� Substance use disorder is characterized by behavioral and
other responses, including, but not limited to, a strong compulsion to take the
substance on a recurring basis in order to experience its psychic effects, or
to avoid the discomfort of its absence.
���� "Plant" means an
organism having leaves and a readily observable root formation, including, but
not limited to, a cutting having roots, a rootball or root hairs.
���� "Poppy straw" means
all parts, except the seeds, of the opium poppy, after mowing.
���� "Practitioner" means
a physician, dentist, veterinarian, scientific investigator, laboratory,
pharmacy, hospital, or other person licensed, registered, or otherwise
permitted to distribute, dispense, conduct research with respect to, or administer
a controlled dangerous substance or controlled substance analog in the course
of professional practice or research in this State.� As used in this
definition:
���� (1)� "Physician"
means a physician authorized by law to practice medicine in this or any other
state and any other person authorized by law to treat sick and injured human
beings in this or any other state.
���� (2)� "Veterinarian"
means a veterinarian authorized by law to practice veterinary medicine in this
State.
���� (3)� "Dentist" means
a dentist authorized by law to practice dentistry in this State.
���� (4)� "Hospital"
means any federal institution, or any institution for the care and treatment of
the sick and injured, operated or approved by the appropriate State department
as proper to be entrusted with the custody and professional use of controlled
dangerous substances or controlled substance analogs.
���� (5)� "Laboratory"
means a laboratory to be entrusted with the custody of narcotic drugs and the
use of controlled dangerous substances or controlled substance analogs for
scientific, experimental, and medical purposes and for purposes of instruction
approved by the Department of Health.
���� "Prescription legend
drug" means any drug which under federal or State law requires dispensing
by prescription or order of a licensed physician, veterinarian, or dentist and
is required to bear the statement "Rx only" or similar wording
indicating that such drug may be sold or dispensed only upon the prescription
of a licensed medical practitioner and is not a controlled dangerous substance
or stramonium preparation.
���� "Production"
includes the manufacture, planting, cultivation, growing, or harvesting of a
controlled dangerous substance or controlled substance analog.
���� "Residential treatment
facility" means any facility licensed and approved by the Department of
Human Services and which is approved by any county probation department for the
inpatient treatment and rehabilitation of persons with a substance use
disorder.
���� "Schedules I, II, III,
IV, and V" are the schedules set forth in sections 5 through 8 of
P.L.1970, c.226 (C.24:21-5 through
24:21-8) and in section 4 of P.L.1971, c.3 (C.24:21-8.1) and as modified by any
regulations issued by the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety pursuant to the director's authority as
provided in section 3 of P.L.1970, c.226 (C.24:21-3).
���� "State" means the
State of New Jersey.
���� "Stramonium
preparation" means a substance prepared from any part of the stramonium
plant in the form of a powder, pipe mixture, cigarette, or any other form with
or without other ingredients.
���� "Stramonium plant"
means the plant Datura Stramonium Linne, including Datura Tatula Linne.
���� "Ultimate user"
means a person who lawfully possesses a controlled dangerous substance or
controlled substance analog for the person�s own use or for the use of a member
of the person�s household or for administration to an animal owned by the person
or by a member of the person�s household.
(cf: P.L.2023, c.177, s.6)
���� 2.��� (New section)� a.� It is
a crime for any person knowingly or purposely to manufacture, distribute, or
dispense, or to possess or have under his control with intent to manufacture,
distribute, or dispense substances containing kratom, mitragyna speciosa korth,
or mitragynine, or any derivative of those chemical compounds.
���� b.��� A person who violates
subsection a. of this section where the quantity involved, including
adulterants and dilutants, is one ounce or more is guilty of a crime of the
second degree.
���� c.��� A person who violates
subsection a. of this section where the quantity involved, including
adulterants and dilutants, is less than one ounce is guilty of a crime of the
third degree.
���� d.��� Notwithstanding the
provisions of subsection a. to the contrary, this section shall not apply to
any person who is a practitioner as defined in section 2 of P.L.1970, c.226
(C.24:21-1).
���� 3.��� This act shall take
effect immediately.
STATEMENT
����
This bill, designated as �CJ�s Law,� would criminalize the
manufacture, possession and sale of products containing kratom.
����� Kratom, as known as mitragyna speciosa korth,
mitragynine extract, biak-biak, cratom, gratom, ithang, kakuam, katawn,
kedemba, ketum, krathom, krton, mambog, madat, Maeng da leaf, nauclea, or
Nauclea Speciosa, is a botanical substance that grows naturally in Southeast
Asia.� The federal Food and Drug Administration (FDA) advises that kratom poses
a threat to public health and has the potential for abuse.
����� Kratom is frequently marketed on the Internet for its
psychoactive and opioid-like analgesic effects, and for use in the treatment of
morphine and heroin addiction.� However, kratom is not approved in the United
States for any medical use.� In a statement released in April 2022, the FDA
warned the public against using kratom, warning that the substance �affects the
same opioid brain receptors as morphine� and that it appears to have
�properties that expose users to the risks of addiction, abuse, and dependence.��
According to the FDA, scientific literature has disclosed serious concerns
regarding the toxicity of kratom in multiple organ systems, with consumption
leading to a number of health issues, including depressed respiratory function,
nervousness, agitation, aggression, sleeplessness, hallucinations, delusions,
loss of libido, tremors, skin hyperpigmentation, nausea, vomiting,
constipation, and severe withdrawal signs and symptoms.
����� Currently, possession and distribution of kratom is
not barred by federal or New Jersey law.� However, the FDA Import Alert # 54-15
provides guidance for FDA field personnel regarding the detention of dietary
supplements and bulk dietary ingredients that contain kratom.� The FDA has also
issued a number of warning letters and conducted seizures of illegally sold,
unapproved, or misbranded drug products containing kratom that make unproven
claims about their ability to treat or cure opioid addiction and withdrawal
symptoms.
����� Kratom is banned or its uses restricted in several
countries, including Australia, Denmark, Finland, France , Germany, Israel,
Japan, Latvia, Lithuania, Malaysia, Myanmar, New Zealand, Poland, Romania,
Russia, Singapore, South Korea, Thailand, and Vietnam.� Kratom is also illegal
in several states, including Alabama, Arkansas, Indiana, Rhode Island, Vermont,
and Wisconsin.� Several states have passed laws restricting its sale and use,
while several other states have introduced legislation that would ban this
drug.
����� This bill amends existing law to include kratom as a
controlled dangerous substance and to sets out gradations for crimes involving
the substance.� The bill would make it a crime of the second degree to
manufacture, distribute or dispense, or possess or have under one�s control
with intent to manufacture, distribute, or dispense, a substance containing
kratom in an amount of one ounce or more, including adulterants and dilutants.�
A crime of the second degree is punishable by a term of imprisonment of five to
10 years, a fine of up to $150,000, or both.� It would be a crime of the third
degree to manufacture, distribute or dispense, or possess or have under one�s
control with intent to manufacture, distribute, or dispense a substance
containing kratom in an amount of less than one ounce, including adulterants
and dilutants.� A crime of the third degree is punishable by a term of
imprisonment of three to five years, a fine of up to $15,000, or both.
����� Under the bill, there is an exception for the
possession and manufacture of kratom, mitragyna speciosa korth, mitragynine, or
any derivative of those chemical compounds, for any person who is a
practitioner as defined in N.J.S.A.24:21-1.� N.J.S.A.24:21-1 defines a
�practitioner� as a physician, dentist, veterinarian, scientific investigator,
laboratory, pharmacy, hospital, or other person licensed, registered, or
otherwise permitted to distribute, dispense, conduct research with respect to,
or administer a controlled dangerous substance in the course of professional
practice or research in this State.
����� CJ�s Law is designated in remembrance of Christopher
James (CJ) Holowach, who died at age 33 from cardiac arrest caused by mixture
of drugs that included his physician prescribed Adderol and kratom.
����� While awaiting arm surgery, CJ Holowach consumed
kratom to numb his arm pain without jeopardizing his recovery from opioid
addiction.� However, he was unaware of the dangers of kratom as the
supplement�s bottle provided no warning labels or suggestions on safe dosage
amounts.� Kratom is marketed in a way to make it appear to be a safe herbal
pain supplement, when it poses serious health risks.� Further, addiction
experts warn, echoing the sentiments of FDA warnings, that kratom can be highly
addictive and create risk of abuse and dependence.�
����� It is the sponsor�s hope that this bill will stop the
sale of kratom in New Jersey, avoiding further tragedies including death.��