Classifies 7 Hydroxymitragynine as Schedule I drug and bans sale of products containing substance.

A1636

ASSEMBLY, No. 1636

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Classifies 7 Hydroxymitragynine as Schedule I drug
and bans sale of products containing substance.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the classification of drugs and
substances, amending P.L.1970, c.226, and supplementing Title 56 of the Revised
Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 5 of P.L.1970,
c.226 (C.24:21-5) is amended to read as follows:

���� 5.��� a.� Tests. The director
shall place a substance in Schedule I if he finds that the substance:� (1) has
high potential for abuse; and (2) has no accepted medical use in treatment in
the United States; or lacks accepted safety for use in treatment under medical
supervision.

���� b.��� The controlled dangerous
substances listed in this section are included in Schedule I, subject to any
revision and republishing by the director pursuant to subsection d. of section
3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any
other schedule.

���� c.���� Any of the following
opiates, including their isomers, esters, and ethers, unless specifically
excepted, whenever the existence of such isomers, esters, ethers and salts is
possible within the specific chemical designation:

���� (1)�� Acetylmethadol

���� (2)�� Allylprodine

���� (3)�� Alphacetylmethadol

���� (4)�� Alphameprodine

���� (5)�� Alphamethadol

���� (6)�� Benzethidine

���� (7)�� Betacetylmethadol

���� (8)�� Betameprodine

���� (9)�� Betamethadol

���� (10)� Betaprodine

���� (11)� Clonitazene

���� (12)� Dextromoramide

���� (13)� Dextrorphan

���� (14)� Diampromide

���� (15)� Diethylthiambutene

���� (16)� Dimenoxadol

���� (17)� Dimepheptanol

���� (18)� Dimethylthiambutene

���� (19)� Dioxaphetyl butyrate

���� (20)� Dipipanone

���� (21)� Ethylmethylthiambutene

���� (22)� Etonitazene

���� (23)� Etoxeridine

���� (24)� Furethidine

���� (25)� Hydroxypethidine

���� (26)� Ketobemidone

���� (27)� Levomoramide

���� (28)� Levophenacylmorphan

���� (29)� Morpheridine

���� (30)� Noracymethadol

���� (31)� Norlevorphanol

���� (32)� Normethadone

���� (33)� Norpipanone

���� (34)� Phenadoxone

���� (35)� Phenampromide

���� (36)� Phenomorphan

���� (37)� Phenoperidine

���� (38)� Piritramide

���� (39)� Proheptazine

���� (40)� Properidine

���� (41)� Racemoramide

���� (42)� Trimeperidine.

���� d.��� Any of the following
narcotic substances, their salts, isomers 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:

���� (1)�� Acetorphine

���� (2)�� Acetylcodone

���� (3)�� Acetyldihydrocodeine

���� (4)�� Benzylmorphine

���� (5)�� Codeine methylbromide

���� (6)�� Codeine-N-Oxide

���� (7)�� Cyprenorphine

���� (8)�� Desomorphine

���� (9)�� Dihydromorphine

���� (10)� Etorphine

���� (11)� Heroin

���� (12)� Hydromorphinol

���� (13)� Methyldesorphine

���� (14)� Methylhydromorphine

���� (15)� Morphine methylbromide

���� (16)� Morphine methylsulfonate

���� (17)� Morphine-N-Oxide

���� (18)� Myrophine

���� (19)� Nicocodeine

���� (20)� Nicomorphine

���� (21)� Normorphine

���� (22)� Phoclodine

���� (23)� Thebacon

����
(24)� 7 Hydroxymitragynine
.

���� e.���� Any material, compound,
mixture or preparation which contains any quantity of the following
hallucinogenic substances, their salts, isomers 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:

���� (1)�� 3,4-methylenedioxy
amphetamine

���� (2)�� 5-methoxy-3,4-methylenedioxy
amphetamine

���� (3)�� 3,4,5-trimethoxy
amphetamine

���� (4)�� Bufotenine

���� (5)�� Diethyltryptamine

���� (6)�� Dimethyltryptamine

���� (7)�� 4-methyl-2,5-dimethoxylamphetamine

���� (8)�� Ibogaine

���� (9)�� Lysergic acid
diethylamide

���� (10)� Marijuana; except that
on and after the effective date of the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act," P.L.2021, c.16
(C.24:6I-31 et al.), marijuana shall no longer be included in Schedule I and
shall not be designated or rescheduled and included in any other schedule by
the director pursuant to the director's designation and rescheduling authority
set forth in section 3 of P.L.1970, c.226 (C.24:21-3).

���� (11)� Mescaline

���� (12)� Peyote

���� (13)� N-ethyl-3-piperidyl
benzilate

���� (14)� N-methyl-3-piperidyl
benzilate

���� (15)� Psilocybin

���� (16)� Psilocyn

���� (17)� Tetrahydrocannabinols,
including those produced by way of manufacture, except when found in hemp or a
hemp product 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 or a cannabis item, as those terms are defined in section 3 of
P.L.2021, c.16 (C.24:6I-33), that is grown, cultivated, produced, manufactured,
or sold 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.).

(cf: P.L.2024, c.73, s.3)

���� 2.��� (New section)� a.� (1) No
person may sell, offer for sale, distribute, or manufacture a product that is
made with or contains 7 Hydroxymitragynine.�

���� (2)�� A manufacturer or
distributor shall issue an immediate recall for any product if the manufacturer
or distributed has reason to believe that a product manufactured or distributed
by the manufacturer or distributor that is made with or contains 7
Hydroxymitragynine is being sold in this State.

���� In the event the Director of
the Division of Consumer Affairs knows or reasonably believes a product is made
with or contains 7 Hydroxymitragynine and a recall has not been issued by the
manufacturer or distributor, the director shall issue an immediate recall for
the product.

���� (3)�� Within 48 hours of
receiving notice from the director, or from a manufacturer or distributor, that
a product is has been recalled because the product is made with or contains 7
Hydroxymitragynine, a retailer carrying the product shall remove the product from
display and make it unavailable for purchase.

���� (4)�� Within 30 business days
of receiving notice from the director, or from a manufacturer or distributor,
that a product has been recalled because it is made with or contains 7
Hydroxymitragynine, any retailer carrying the product shall return all
inventory of that product to the manufacturer or distributor from which the
product was obtained, at the expense of the manufacturer or distributor.

���� (5)�� Within 30 business days
of receiving, from a retailer, the return of a product that contains7
Hydroxymitragynine that has been recalled, the manufacturer or distributor
receiving the recalled product shall destroy the product in such a way that
renders it useless, and shall dispose of the remnants in a manner and location
designed to prevent the public from accessing the destroyed product.

���� b.��� (1)� A violation of this
section shall constitute a crime of the fourth degree for a first offense, a
crime of the third degree for a second offense, and a crime of the second
degree for a third or subsequent offense.�

���� (2)�� In addition to the
provisions of paragraph (1) of this subsection, each violation of this section
shall also constitute an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1
et seq.).

���� 3.��� This act shall take
effect immediately.

STATEMENT

���� This bill would classify 7
hydroxymitrgynine (7-OH) as a Schedule I controlled dangerous substance and
bans the sale of the product in this State.�

Sponsor�s Intent

���� With consumers easily able to
purchase products with concentrated levels of 7-OH online and in gas stations,
corner stores, and vape shops, it is the sponsor�s intent to prevent the sale
of 7-OH products, as many of these products contain levels of 7-OH that can be
as additive as opioids with labels that often do not contain dosing
instructions or can be misleading.

Product Description of 7
hydroxymitrgynine

���� 7-OH is one of the psychoactive
alkaloids naturally found in the Mitragyna speciosa plant, commonly known as Kratom.�
7-OH, in higher concentrations when metabolized by the body, can produce
opioid-like effects and can have similarly addictive qualities.� Kratom, which
contains 7-OH in lower concentrations in its natural form, is frequently
marketed for its psychoactive and opioid-like analgesic effects and for use in
the treatment of certain opioid addictions and withdrawal symptoms, a treatment
which has not been conclusively proven.� Recently, manufacturers have begun
exacting and concentrating 7-OH to create products that can contain up to 500
percent more 7-OH than would naturally occur.� Yet, many of these enhanced
products are still being sold as �natural kratom.�

���� The federal Food and Drug Administration
(FDA) has advised that 7-OH poses a threat to public health and has the
potential for abuse because of its ability to blind opioid receptors in the
brain.� The FDA has issued a number of warnings and conducted seizures of
illegally sold, unapproved, or misbranded drug products containing potentially
lethal doses of synthetic 7-OH, which contain higher concentrations of the
psychoactive alkaloid.� Currently, Kratom and 7-OH have not been approved by
the FDA for any medical use.� Further, on July 29, 2025, the FDA also
recommended that 7-OH be scheduled under the federal �Controlled Substances
Act,� 21 U.S.C.s.812.� Until the drug is scheduled under the federal act, 7-OH
is not presently barred by federal law.� It is also not presently barred by New
Jersey law.

Scheduling of 7
hydroxymitrgynine

���� Under this bill, 7-OH would be
classified as a Schedule I drug in this State.� 7-OH would be placed on the
Schedule I list of the �New Jersey Controlled Dangerous Substances Act,�
P.L.1970, c.226 (C.24:21-1 et seq.), which would define the drug as a substance
that: (1) has high potential for abuse; and (2) has no accepted medical use in
treatment in the United States; or lacks accepted safety guidelines for use in
treatment under medical supervision.

���� By classifying 7-OH as a
Schedule I drug, under the �Comprehensive Drug Reform Act of 1987,�
N.J.S.2C:35-1 et seq., the drug would be considered an illegal controlled
dangerous substance for which manufacturing, distribution, or possession with
intent to manufacture or distribute would be punishable as either: a crime of
the second degree, if the act involved a quantity of one ounce or more; or a
crime of the third degree, if the act involved less than one ounce.�
See

paragraphs (4) and (5) of subsection b. of N.J.S.2C:35-5.�

���� A crime of the second degree
is ordinarily punishable by a term of imprisonment of five to 10 years, a fine
of up to $150,000, or both.� A crime of the third degree is ordinarily punishable
by a term of imprisonment of three to five years, a fine of up to $15,000, or
both.� However, the relevant provisions of N.J.S.2C:35-5 would permit the
imposition of a fine of up to $75,000 for a crime of the third degree.

���� Additionally, as a result of
this classification, under N.J.S.2C:35-10, it would also be illegal to possess
any amount of 7-OH, without a prescription or not directly obtained from a
licensed practitioner.� Possession of the drug would be punishable as a crime
of the third degree, ordinarily punishable by a term of imprisonment of three
to five years, a fine of up to $15,000, or both.� However, the relevant
provisions of N.J.S.2C:35-10 would permit the imposition of a fine of up to $35,000
for a crime of the third degree.�

Ban of 7 hydroxymitrgynine
Products

���� The bill bans the sale,
manufacture, and distribution of products made with or contains 7-OH.

���� A manufacturer or distributor
of products who discovers that a product that the manufacturer or distributor
has manufactured or distributed is made with or contains 7-OH will be required
to issue an immediate recall for the product.� In the event the manufacturer or
distributor does not issue a recall, the Director of the Division of Consumer
Affairs will also be authorized to issue a recall for products found to contain
7-OH.

���� Retailers will be required to
remove a recalled 7-OH product from display and make it unavailable for
purchase within 48 hours of receiving a recall notice.� Retailers will also be
required to return all inventory of the product to the manufacturer or distributor
within 30 business days.� The return of recalled inventory will be at the
manufacturer or distributor�s expense.� The manufacturer or distributor will
have 30 business days to destroy the recalled product in such a way that
renders it useless and removes it from public access.

���� Under the bill, any violation
for knowingly selling or offering for sale, distributing or manufacturing,
failing to issue a recall, or failure to destroy or dispose the product as
required under the bill, will constitute a crime of the fourth degree in the
case of a first offense, a crime of the third degree in the case of a second
offense, and a crime of the second degree in the case of a third or subsequent
offense.� In addition to the penalties outlined in the bill, each violation
will also constitute an unlawful practice violation under the State�s consumer
fraud act.

���� A crime of the fourth degree
is punishable by imprisonment for up to 18 months, a fine of $10,000, or both.�
A crime of the third degree is punishable by imprisonment for three to five
years, a fine of $15,000, or both.� A crime of the second degree is punishable
by imprisonment for five to 10 years, a fine of $150,000, or both.� An unlawful
practice under the consumer fraud act is punishable by a monetary penalty of
not more than $10,000 for a first offense and not more than $20,000 for any subsequent
offense.� Also, under the consumer fraud act, �the Attorney General may issue
cease and desist orders, and a violation may be subject to an assessment of
punitive damages, treble damages, or costs to the injured.