Kratom Adjustments

30
4-45-101
4-45-102
4-45-103
4-45-104
4-45-105
4-45-108
58-37-3.4
58-37-4
0
Kratom Adjustments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Katy Hall

Cosponsor:
Jennifer Dailey-Provost
Brady Brammer
LONG TITLE
General Description:
This bill amends provisions related to kratom.
Highlighted Provisions:
This bill:
defines terms;
requires a kratom processor and kratom retailer to register with the Department of
Agriculture and Food;
only allows a retail tobacco specialty business to sell kratom;
bans the sale of certain kratom products;
amends provisions related to penalties and fees;
amends the age for who can purchase a kratom product;
schedules 7-hydroxymitragynine, including synthetics, if the 7-hydroxymitragynine
concentration exceeds a certain percentage as a schedule I controlled substance; and
schedules Mitragynine pseudoindoxyl, including synthetics.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-45-102
, as enacted by Laws of Utah 2019, Chapter 329
4-45-103
, as enacted by Laws of Utah 2019, Chapter 329
4-45-104
, as enacted by Laws of Utah 2019, Chapter 329
4-45-105
, as enacted by Laws of Utah 2019, Chapter 329
4-45-108
, as enacted by Laws of Utah 2019, Chapter 329
58-37-4
, as last amended by Laws of Utah 2025, Chapter 216
ENACTS:
58-37-3.4
, Utah Code Annotated 1953
REPEALS:
4-45-101
, as enacted by Laws of Utah 2019, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
4-45-102
is amended to read:
45. Kratom Regulation Act
4-45-102
. Definitions.
As used in this chapter:
(1)
"Commissioner" means the commissioner of the department.
(2)
"Department" means the Department of Agriculture and Food created in Section
4-2-102
.
(3)
"Food" means:
(a)
an article used for food or drink for human or animal consumption or the
components of the article;
(b)
chewing gum or chewing gum components; or
(c)
a food supplement for special dietary use that is necessitated because of a physical,
physiological, pathological, or other condition.
(1)
"Kratom extract" means a preparation containing any part of the Mitragyna speciosa
plant in a concentrated form.
(4)
(2)
"Kratom processor" means a person who
:
(a)
sells, prepares, or maintains
prepares, processes, manufactures, or distributes
a
kratom product
; or
.
(b)
advertises, represents, or holds oneself out as selling, preparing, or maintaining a
kratom product.
(5)
(3)
"Kratom product"
mean food
means a product
containing any part of a leaf of the
plant Mitragyna speciosa.
(4)
"Kratom retailer" means a person who sells a kratom product for retail sale in the state.
(5)
"Pure leaf kratom" means a kratom product that:
(a)
is identifiable as plant matter or is identifiable plant matter contained in an
encapsulating agent described in Subsection
(5)(b)
;
(b)
is not mixed or packed with a nonkratom substance unless the nonkratom substance
is an inert encapsulating agent that:
(i)
is composed of food-grade or pharmaceutical-grade materials with no
pharmacological activity;
(ii)
contains no psychoactive substances, stimulants, or adulterants; and
(iii)
serves solely to contain or deliver the plant matter;
(c)
does not contain any kratom extract; and
(d)
does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total
kratom alkaloid composition of the product.
(6)
"Total kratom alkaloid composition" means the total amount of all alkaloids derived
from the Mitragyna speciosa plant.
Section 2. Section
4-45-103
is amended to read:
4-45-103
. Factual basis for claim as kratom product required -- Administrative
penalty -- Request for hearing.
(1)
A kratom processor shall disclose on the product label of each kratom product that the
kratom processor prepares, distributes, sells, or offers for sale the factual basis upon
which the kratom processor represents the
food
product
as a kratom product.
(2)
For a violation of Subsection
(1)
, a kratom processor is subject to an administrative fine
of:
up to $5,000.
(a)
up to $500 for the first offense; and
(b)
up to $1,000 for a second or subsequent offense.
(3)
Upon the request of a kratom processor fined under this section, the commissioner shall
conduct a hearing in accordance with
Title 63G, Chapter 4, Administrative Procedures
Act
.
Section 3. Section
4-45-104
is amended to read:
4-45-104
. Kratom processor and kratom retailer requirements -- Criminal
penalty.
(1)
A kratom processor
or kratom retailer
may not prepare,
possess,
distribute, sell, or offer
for sale a kratom product
that
:
(a)
that is mixed or packed with a nonkratom substance that affects the quality or
strength of the kratom product to such a degree as to render the kratom product
injurious to a consumer;
is not pure leaf kratom; and
(b)
that contains a poisonous or otherwise deleterious nonkratom ingredient, including a
controlled substance as defined in Section
58-37-2
;
(c)
containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater
than 2% of the alkaloid composition of the kratom product;
(d)
containing a synthetic alkaloid, including synthetic mitragynine, synthetic
7-hydroxymitragynine, or any other synthetically derived compound of the kratom
plant; or
(e)
(b)
that
does not include a product label on the kratom product packaging that
states the amount of mitragynine and 7-hydroxymitragynine contained in the
packaged kratom product.
(2)
A kratom processor
or kratom retailer
who violates Subsection
(1)
is guilty of
:
(a)
a class
C
B
misdemeanor for
each violation.
the first violation;
(b)
a class A misdemeanor for a second violation; and
(c)
a third degree felony for any subsequent violation.
(3)
A kratom processor does not violate Subsection
(1)
if the kratom processor shows by a
preponderance of the evidence that the kratom processor relied in good faith upon the
representation of a manufacturer, processor, packer, or distributor of food represented to
be a kratom product.
(4)
(3)
A kratom processor
or kratom retailer
may not prepare, distribute, sell, or offer for
sale a kratom product that is not registered with the department in accordance with this
chapter.
(5)
(4)
(a)
A kratom processor shall register as a food establishment in accordance with
Section
4-5-301
and with the department as a kratom processor
.
(b)
A kratom retailer shall register with the department as a kratom retailer.
(c)
The department may not register a person as a kratom retailer unless the kratom
retailer is licensed as a retail tobacco specialty business under Sections
10-8-41.6
and
17-78-1004
.
(d)
The department shall set a fee to register the following:
(i)
a kratom processor; and
(ii)
a kratom retailer.
(e)
The department shall:
(i)
set an administrative fine not to exceed $5,000 for a person who sells a kratom
product if the person is not registered as a kratom processor or kratom retailer
with the department; and
(ii)
assess the fine described in Subsection
(4)(e)(i)
against any person who offers a
kratom product for sale in this state if the person is not registered as a kratom
processor or kratom retailer.
(5)
Notwithstanding Subsection
(1)(a)
, until March 6, 2027, a kratom processor may
prepare, possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf
kratom product if the kratom product:
(a)
is not offered for retail sale or distribution in this sta
te;
(b)
is manufactured and distributed for lawful sale in another state; and
(c)
does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total
kratom alkaloid composition of the product.
Section 4. Section
4-45-105
is amended to read:
4-45-105
. Prohibition on sale to minors -- Criminal penalty.
(1)
A kratom processor
or kratom retailer
may not distribute, sell, or offer for sale a kratom
product to an individual under
18
21
years
of age
old
.
(2)
A kratom processor
or kratom retailer
who violates this section is guilty of a class
C
A

misdemeanor for each violation.
Section 5. Section
4-45-108
is amended to read:
4-45-108
. Registration of kratom products -- Department duties.
(1)
The department shall set a fee to register a kratom product, in accordance with Section
4-2-103
.
(2)
The fee described in Subsection
(1)
may be paid by
a producer, manufacturer, or
distributor of a kratom product
any person
, but a kratom product may not be registered
with the department until the fee is paid.
(3)
The department shall:
(a)
set an administrative fine
, larger than the fee described in Subsection
(1)
,
not to
exceed $5,000
for a person who sells a kratom product that is not registered with the
department; and
(b)
assess the fine described in Subsection
(3)(a)
against any person who offers an
unregistered kratom product for sale in this state.
(4)
The department may seize and destroy any unregistered kratom product offered for sale
in this state.
Section 6. Section
58-37-3.4
is enacted to read:
58-37-3.4
. Exemption for 7-hydroxymitragyine in kratom products.
(1)
As used in this section, "pure leaf kratom" means the same as that term is defined in
Section
4-45-102
.
(2)
Notwithstanding any other provision of this chapter a person who possesses,
manufacturers, or distributes pure leaf kratom is not subject to the penalties described in
this title for the possession, manufacture, or distribution of 7-hydroxymitragynine to the
extent that the person's possession, manufacture, or distribution of the pure leaf kratom
complies with Title 4, Chapter 45, Kratom Regulation Act.
(3)
Notwithstanding any other provision of this chapter and until March 6, 2027, a person
who possesses, manufacturers, or distributes a kratom product in accordance with
Subsection
4-45-104(5)
is not subject to the penalties described in this title for the
possession, manufacture, or distribution of 7-hydroxymitragine.
Section 7. Section
58-37-4
is amended to read:
58-37-4
. Schedules of controlled substances -- Schedules I through V -- Findings
required -- Specific substances included in schedules.
(1)
There are established five schedules of controlled substances known as Schedules I, II,
III, IV, and V which consist of substances listed in this section.
(2)
Schedules I, II, III, IV, and V consist of the following drugs or other substances by the
official name, common or usual name, chemical name, or brand name designated:
(a)
Schedule I:
(i)
Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, when the existence of the isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(A)
Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(B)
Acetyl fentanyl: (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
(C)
Acetylmethadol;
(D)
Acryl fentanyl (N-(1-Phenethylpiperidin-4-yl)-N-phenylacrylamide);
(E)
Allylprodine;
(F)
Alphacetylmethadol, except levo-alphacetylmethadol also known as
levo-alpha-acetylmethadol, levomethadyl acetate, or LAAM;
(G)
Alphameprodine;
(H)
Alphamethadol;
(I)
Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]
propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(J)
Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-
piperidinyl]-N-phenylpropanamide);
(K)
Benzylpiperazine;
(L)
Benzethidine;
(M)
Betacetylmethadol;
(N)
Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-
piperidinyl]-N-phenylpropanamide);
(O)
Beta-hydroxy-3-methylfentanyl, other name: N-[1-(2-hydroxy-2-
phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide;
(P)
Betameprodine;
(Q)
Betamethadol;
(R)
Betaprodine;
(S)
Butyryl fentanyl (N-(1-(2-phenylethyl)-4-piperidinyl)-N-phenylbutyramide);
(T)
Clonitazene;
(U)
Cyclopropyl fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
(V)
Dextromoramide;
(W)
Diampromide;
(X)
Diethylthiambutene;
(Y)
Difenoxin;
(Z)
Dimenoxadol;
(AA)
Dimepheptanol;
(BB)
Dimethylthiambutene;
(CC)
Dioxaphetyl butyrate;
(DD)
Dipipanone;
(EE)
Ethylmethylthiambutene;
(FF)
Etizolam
(1-Methyl-6-o-chlorophenyl-8-ethyl-4H-s-triazolo[3,4-c]thieno[2,3-e]1,4-diazepine);
(GG)
Etonitazene;
(HH)
Etoxeridine;
(II)
Furanyl fentanyl (N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]
furan-2-carboxamide);
(JJ)
Furethidine;
(KK)
Hydroxypethidine;
(LL)
Ketobemidone;
(MM)
Levomoramide;
(NN)
Levophenacylmorphan;
(OO)
Methoxyacetyl fentanyl
(2-Methoxy-N-(1-phenylethylpiperidinyl-4-yl)-N-acetamide);
(PP)
Morpheridine;
(QQ)
MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(RR)
Noracymethadol;
(SS)
Norlevorphanol;
(TT)
Normethadone;
(UU)
Norpipanone;
(VV)
Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4- piperidinyl]
propanamide);
(WW)
Para-fluoroisobutyryl fentanyl
(N-(4-Fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide);
(XX)
PEPAP (1-(-2-phenethyl)-4-phenyl-4-acetoxypiperidine);
(YY)
Phenadoxone;
(ZZ)
Phenampromide;
(AAA)
Phenibut;
(BBB)
Phenomorphan;
(CCC)
Phenoperidine;
(DDD)
Piritramide;
(EEE)
Proheptazine;
(FFF)
Properidine;
(GGG)
Propiram;
(HHH)
Racemoramide;
(III)
Tetrahydrofuran fentanyl
(N-(1-Phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide);
(JJJ)
Thiofentanyl (N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]- propanamide;
(KKK)
Tianeptine;
(LLL)
Tilidine;
(MMM)
Trimeperidine;
(NNN)
3-methylfentanyl, including the optical and geometric isomers
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]- N-phenylpropanamide);
(OOO)
3-methylthiofentanyl
(N-[(3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(PPP)
3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide also
known as U-47700; and
(QQQ)
4-cyano CUMYL-BUTINACA.
(ii)
Unless specifically excepted or unless listed in another schedule, any of the
following opium derivatives, their salts, isomers, and salts of isomers when the
existence of the salts, isomers, and salts of isomers is possible within the specific
chemical designation:
(A)
Acetorphine;
(B)
Acetyldihydrocodeine;
(C)
Benzylmorphine;
(D)
Codeine methylbromide;
(E)
Codeine-N-Oxide;
(F)
Cyprenorphine;
(G)
Desomorphine;
(H)
Dihydromorphine;
(I)
Drotebanol;
(J)
Etorphine (except hydrochloride salt);
(K)
Heroin;
(L)
Hydromorphinol;
(M)
Methyldesorphine;
(N)
Methylhydromorphine;
(O)
Morphine methylbromide;
(P)
Morphine methylsulfonate;
(Q)
Morphine-N-Oxide;
(R)
Myrophine;
(S)
Nicocodeine;
(T)
Nicomorphine;
(U)
Normorphine;
(V)
Pholcodine; and
(W)
Thebacon.
(iii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
hallucinogenic substances, or which contains any of their salts, isomers, and salts
of isomers when the existence of the salts, isomers, and salts of isomers is possible
within the specific chemical designation; as used in this Subsection
(2)(a)(iii)

only, "isomer" includes the optical, position, and geometric isomers:
(A)
Alpha-ethyltryptamine, some trade or other names: etryptamine; Monase;
-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole;
-ET; and AET;
(B)
4-bromo-2,5-dimethoxy-amphetamine, some trade or other names:
4-bromo-2,5-dimethoxy-
-methylphenethylamine; 4-bromo-2,5-DMA;
(C)
4-bromo-2,5-dimethoxyphenethylamine, some trade or other names:
2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB;
2C-B, Nexus;
(D)
2,5-dimethoxyamphetamine, some trade or other names: 2,5-dimethoxy-
-methylphenethylamine; 2,5-DMA;
(E)
2,5-dimethoxy-4-ethylamphetamine, some trade or other names: DOET;
(F)
4-methoxyamphetamine, some trade or other names: 4-methoxy-
-methylphenethylamine; paramethoxyamphetamine, PMA;
(G)
5-methoxy-3,4-methylenedioxyamphetamine;
(H)
4-methyl-2,5-dimethoxy-amphetamine, some trade and other names:
4-methyl-2,5-dimethoxy-
-methylphenethylamine; "DOM"; and "STP";
(I)
3,4-methylenedioxy amphetamine;
(J)
3,4-methylenedioxymethamphetamine (MDMA);
(K)
3,4-methylenedioxy-N-ethylamphetamine, also known as N-ethyl-
alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl MDA, MDE,
MDEA;
(L)
N-hydroxy-3,4-methylenedioxyamphetamine, also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine, and N-hydroxy
MDA;
(M)
3,4,5-trimethoxy amphetamine;
(N)
Bufotenine, some trade and other names: 3-(
-Dimethylaminoethyl)-5-hydroxyindole; 3-(2-dimethylaminoethyl)-5-indolol;
N, N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(O)
Diethyltryptamine, some trade and other names: N,N-Diethyltryptamine; DET;
(P)
Dimethyltryptamine, some trade or other names: DMT;
(Q)
Ibogaine, some trade and other names: 7-Ethyl-6,6
,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1', 2':1,2]
azepino [5,4-b] indole; Tabernanthe iboga;
(R)
Lysergic acid diethylamide;
(S)
Marijuana;
(T)
Mescaline;
(U)
Parahexyl, some trade or other names:
3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
Synhexyl;
(V)
Peyote, meaning all parts of the plant presently classified botanically as
Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any
extract from any part of such plant, and every compound, manufacture, salts,
derivative, mixture, or preparation of such plant, its seeds or extracts
(Interprets 21 USC 812(c), Schedule I(c) (12));
(W)
N-ethyl-3-piperidyl benzilate;
(X)
N-methyl-3-piperidyl benzilate;
(Y)
Psilocybin;
(Z)
Psilocyn;
(AA)
Tetrahydrocannabinols, naturally contained in a plant of the genus Cannabis
(cannabis plant), except for marijuana as defined in Subsection
58-37-2(1)(aa)(i)(E)
, as well as synthetic equivalents of the substances
contained in the cannabis plant, or in the resinous extractives of Cannabis, sp.
and/or synthetic substances, derivatives, and their isomers with similar
chemical structure and pharmacological activity to those substances contained
in the plant, such as the following:
1 cis or trans tetrahydrocannabinol, and
their optical isomers
6 cis or trans tetrahydrocannabinol, and their optical
isomers
3,4 cis or trans tetrahydrocannabinol, and its optical isomers, and since
nomenclature of these substances is not internationally standardized,
compounds of these structures, regardless of numerical designation of atomic
positions covered;
(BB)
Ethylamine analog of phencyclidine, some trade or other names:
N-ethyl-1-phenylcyclohexylamine, (1-phenylcyclohexyl)ethylamine,
N-(1-phenylcyclohexyl)ethylamine, cyclohexamine, PCE;
(CC)
Pyrrolidine analog of phencyclidine, some trade or other names:
1-(1-phenylcyclohexyl)-pyrrolidine, PCPy, PHP;
(DD)
Thiophene analog of phencyclidine, some trade or other names:
1-[1-(2-thienyl)-cyclohexyl]-piperidine, 2-thienylanalog of phencyclidine,
TPCP, TCP; and
(EE)
1-[1-(2-thienyl)cyclohexyl]pyrrolidine, some other names: TCPy.
(iv)
Unless specifically excepted or unless listed in another schedule, any material
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A)
Mecloqualone; and
(B)
Methaqualone.
(v)
Any material, compound, mixture, or preparation containing any quantity of the
following substances having a stimulant effect on the central nervous system,
including their salts, isomers, and salts of isomers:
(A)
Aminorex, some other names: aminoxaphen; 2-amino-5-phenyl-2-oxazoline;
or 4,5-dihydro-5-phenyl-2-oxazolamine;
(B)
Cathinone, some trade or other names: 2-amino-1-phenyl-1-propanone,
alpha-aminopropiophenone, 2-aminopropiophenone, and norephedrone;
(C)
Fenethylline;
(D)
Methcathinone, some other names: 2-(methylamino)-propiophenone;
alpha-(methylamino)propiophenone; 2-(methylamino)-1-phenylpropan-1-one;
alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone;
N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463 and UR1432,
its salts, optical isomers, and salts of optical isomers;
(E)
(
)cis-4-methylaminorex ((
)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(F)
N-ethylamphetamine; and
(G)
N,N-dimethylamphetamine, also known as
N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine.
(vi)
Any material, compound, mixture, or preparation which contains any quantity of
the following substances, including their optical isomers, salts, and salts of
isomers, subject to temporary emergency scheduling:
(A)
N-[1-benzyl-4-piperidyl]-N-phenylpropanamide (benzylfentanyl); and
(B)
N-[1- (2-thienyl)methyl-4-piperidyl]-N-phenylpropanamide (thenylfentanyl).
(vii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of gamma
hydroxy butyrate (gamma hydrobutyric acid), including its salts, isomers, and
salts of isomers.
(viii)
Unless specifically excepted or unless listed in another schedule, the following
substances commonly found in Mitragyna speciosa, including synthetic versions,
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, when the
existence of the isomers, esters, ethers, and salts is possible within the specific
chemical designation:
(A)
7-hydroxymitragynine (methyl
(E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate);
and
(B)
Mitragynine pseudoindoxyl (methyl
(E)-2-[(2S,6'S,7'S,8'aS)-6'-ethyl-4-methoxy-3-oxospiro[1H-indole-2,1'-3,5,6,7,8,8a-hexahydro-2H-indolizine]-7'-yl]-3-methoxyprop-2-enoate).
(b)
Schedule II:
(i)
Unless specifically excepted or unless listed in another schedule, any of the
following substances 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:
(A)
Opium and opiate, and any salt, compound, derivative, or preparation of
opium or opiate, excluding apomorphine, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but including:
(I)
Raw opium;
(II)
Opium extracts;
(III)
Opium fluid;
(IV)
Powdered opium;
(V)
Granulated opium;
(VI)
Tincture of opium;
(VII)
Codeine;
(VIII)
Ethylmorphine;
(IX)
Etorphine hydrochloride;
(X)
Hydrocodone;
(XI)
Hydromorphone;
(XII)
Metopon;
(XIII)
Morphine;
(XIV)
Oxycodone;
(XV)
Oxymorphone; and
(XVI)
Thebaine;
(B)
Any salt, compound, derivative, or preparation which is chemically equivalent
or identical with any of the substances referred to in Subsection
(2)(b)(i)(A)
,
except that these substances may not include the isoquinoline alkaloids of
opium;
(C)
Opium poppy and poppy straw;
(D)
Coca leaves and any salt, compound, derivative, or preparation of coca leaves,
and any salt, compound, derivative, or preparation which is chemically
equivalent or identical with any of these substances, and includes cocaine and
ecgonine, their salts, isomers, derivatives, and salts of isomers and derivatives,
whether derived from the coca plant or synthetically produced, except the
substances may not include decocainized coca leaves or extraction of coca
leaves, which extractions do not contain cocaine or ecgonine; and
(E)
Concentrate of poppy straw, which means the crude extract of poppy straw in
either liquid, solid, or powder form which contains the phenanthrene alkaloids
of the opium poppy.
(ii)
Unless specifically excepted or unless listed in another schedule, any of the
following opiates, including their isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, when the existence of the isomers, esters, ethers, and
salts is possible within the specific chemical designation, except dextrorphan and
levopropoxyphene:
(A)
Alfentanil;
(B)
Alphaprodine;
(C)
Anileridine;
(D)
Bezitramide;
(E)
Bulk dextropropoxyphene (nondosage forms);
(F)
Carfentanil;
(G)
Dihydrocodeine;
(H)
Diphenoxylate;
(I)
Fentanyl;
(J)
Isomethadone;
(K)
Levo-alphacetylmethadol, some other names: levo-alpha-acetylmethadol,
levomethadyl acetate, or LAAM;
(L)
Levomethorphan;
(M)
Levorphanol;
(N)
Metazocine;
(O)
Methadone;
(P)
Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane;
(Q)
Moramide-Intermediate, 2-methyl-3-morpholino-1,
1-diphenylpropane-carboxylic acid;
(R)
Pethidine (meperidine);
(S)
Pethidine-Intermediate-A, 4-cyano-1-methyl-4-phenylpiperidine;
(T)
Pethidine-Intermediate-B, ethyl-4-phenylpiperidine-4-carboxylate;
(U)
Pethidine-Intermediate-C, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(V)
Phenazocine;
(W)
Piminodine;
(X)
Racemethorphan;
(Y)
Racemorphan;
(Z)
Remifentanil; and
(AA)
Sufentanil.
(iii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system:
(A)
Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(B)
Methamphetamine, its salts, isomers, and salts of its isomers;
(C)
Phenmetrazine and its salts; and
(D)
Methylphenidate.
(iv)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers when the existence of the salts, isomers, and
salts of isomers is possible within the specific chemical designation:
(A)
Amobarbital;
(B)
Glutethimide;
(C)
Pentobarbital;
(D)
Phencyclidine;
(E)
Phencyclidine immediate precursors: 1-phenylcyclohexylamine and
1-piperidinocyclohexanecarbonitrile (PCC); and
(F)
Secobarbital.
(v)
(A)
Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of
Phenylacetone.
(B)
Some of these substances may be known by trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; and methyl benzyl ketone.
(vi)
Nabilone, another name for nabilone: (
)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-hydroxy-6,
6-dimethyl-9H-dibenzo[b,d]pyran-9-one.
(vii)
A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and
Drug Administration and scheduled by the Drug Enforcement Administration in
Schedule II of the federal Controlled Substances Act, Title II, P.L. 91-513.
(c)
Schedule III:
(i)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its
salts, isomers whether optical, position, or geometric, and salts of the isomers
when the existence of the salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(A)
Those compounds, mixtures, or preparations in dosage unit form containing
any stimulant substances listed in Schedule II, which compounds, mixtures, or
preparations were listed on August 25, 1971, as excepted compounds under
Section 1308.32 of Title 21 of the Code of Federal Regulations, and any other
drug of the quantitive composition shown in that list for those drugs or which
is the same except that it contains a lesser quantity of controlled substances;
(B)
Benzphetamine;
(C)
Chlorphentermine;
(D)
Clortermine; and
(E)
Phendimetrazine.
(ii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant effect on the central nervous system:
(A)
Any compound, mixture, or preparation containing amobarbital, secobarbital,
pentobarbital, or any salt of any of them, and one or more other active
medicinal ingredients which are not listed in any schedule;
(B)
Any suppository dosage form containing amobarbital, secobarbital, or
pentobarbital, or any salt of any of these drugs which is approved by the
United
States
Food and Drug Administration for marketing only as a suppository;
(C)
Any substance which contains any quantity of a derivative of barbituric acid
or any salt of any of them;
(D)
Chlorhexadol;
(E)
Buprenorphine;
(F)
Any drug product containing gamma hydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under the
federal Food, Drug, and Cosmetic Act, Section 505;
(G)
Ketamine, its salts, isomers, and salts of isomers, some other names for
ketamine:
-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(H)
Lysergic acid;
(I)
Lysergic acid amide;
(J)
Methyprylon;
(K)
Sulfondiethylmethane;
(L)
Sulfonethylmethane;
(M)
Sulfonmethane; and
(N)
Tiletamine and zolazepam or any of their salts, some trade or other names for
a tiletamine-zolazepam combination product: Telazol, some trade or other
names for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone, some trade
or other names for zolazepam:
4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo-[3,4-e]
[1,4]-diazepin-7(1H)-one, flupyrazapon.
(iii)
Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in
a U.S. Food and Drug Administration approved drug product, some other names
for dronabinol:
(6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol,
or (-)-delta-9-(trans)-tetrahydrocannabinol.
(iv)
Nalorphine.
(v)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing limited quantities of any of the
following narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid:
(A)
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline
alkaloid of opium;
(B)
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with one or more active non-narcotic ingredients in
recognized therapeutic amounts;
(C)
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with a fourfold or greater quantity of
an isoquinoline alkaloid of opium;
(D)
Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not
more than 15 milligrams per dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(E)
Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more
than 90 milligrams per dosage unit, with one or more active non-narcotic
ingredients in recognized therapeutic amounts;
(F)
Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more
than 15 milligrams per dosage unit, with one or more active, non-narcotic
ingredients in recognized therapeutic amounts;
(G)
Not more than 500 milligrams of opium per 100 milliliters or per 100 grams,
or not more than 25 milligrams per dosage unit, with one or more active,
non-narcotic ingredients in recognized therapeutic amounts; and
(H)
Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams
with one or more active, non-narcotic ingredients in recognized therapeutic
amounts.
(vi)
Unless specifically excepted or unless listed in another schedule, anabolic
steroids including any of the following or any isomer, ester, salt, or derivative of
the following that promotes muscle growth:
(A)
Boldenone;
(B)
Chlorotestosterone (4-chlortestosterone);
(C)
Clostebol;
(D)
Dehydrochlormethyltestosterone;
(E)
Dihydrotestosterone (4-dihydrotestosterone);
(F)
Drostanolone;
(G)
Ethylestrenol;
(H)
Fluoxymesterone;
(I)
Formebulone (formebolone);
(J)
Mesterolone;
(K)
Methandienone;
(L)
Methandranone;
(M)
Methandriol;
(N)
Methandrostenolone;
(O)
Methenolone;
(P)
Methyltestosterone;
(Q)
Mibolerone;
(R)
Nandrolone;
(S)
Norethandrolone;
(T)
Oxandrolone;
(U)
Oxymesterone;
(V)
Oxymetholone;
(W)
Stanolone;
(X)
Stanozolol;
(Y)
Testolactone;
(Z)
Testosterone; and
(AA)
Trenbolone.
(vii)
Anabolic steroids expressly intended for administration through implants to
cattle or other nonhuman species, and approved by the Secretary of Health and
Human Services for use, may not be classified as a controlled substance.
(viii)
A drug product or preparation that contains any component of marijuana,
including tetrahydrocannabinol, and is approved by the United States Food and
Drug Administration and scheduled by the Drug Enforcement Administration in
Schedule III of the federal Controlled Substances Act, Title II, P.L. 91-513.
(ix)
Nabiximols.
(d)
Schedule IV:
(i)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation containing not more than 1 milligram of
difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit, or
any salts of any of them.
(ii)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances, including its salts, isomers, and salts of isomers when the existence of
the salts, isomers, and salts of isomers is possible within the specific chemical
designation:
(A)
Alprazolam;
(B)
Barbital;
(C)
Bromazepam;
(D)
Butorphanol;
(E)
Camazepam;
(F)
Carisoprodol;
(G)
Chloral betaine;
(H)
Chloral hydrate;
(I)
Chlordiazepoxide;
(J)
Clobazam;
(K)
Clonazepam;
(L)
Clorazepate;
(M)
Clotiazepam;
(N)
Cloxazolam;
(O)
Delorazepam;
(P)
Diazepam;
(Q)
Dichloralphenazone;
(R)
Estazolam;
(S)
Ethchlorvynol;
(T)
Ethinamate;
(U)
Ethyl loflazepate;
(V)
Fludiazepam;
(W)
Flunitrazepam;
(X)
Flurazepam;
(Y)
Halazepam;
(Z)
Haloxazolam;
(AA)
Ketazolam;
(BB)
Loprazolam;
(CC)
Lorazepam;
(DD)
Lormetazepam;
(EE)
Mebutamate;
(FF)
Medazepam;
(GG)
Meprobamate;
(HH)
Methohexital;
(II)
Methylphenobarbital (mephobarbital);
(JJ)
Midazolam;
(KK)
Nimetazepam;
(LL)
Nitrazepam;
(MM)
Nordiazepam;
(NN)
Oxazepam;
(OO)
Oxazolam;
(PP)
Paraldehyde;
(QQ)
Pentazocine;
(RR)
Petrichloral;
(SS)
Phenobarbital;
(TT)
Pinazepam;
(UU)
Prazepam;
(VV)
Quazepam;
(WW)
Temazepam;
(XX)
Tetrazepam;
(YY)
Tramadol;
(ZZ)
Triazolam;
(AAA)
Zaleplon; and
(BBB)
Zolpidem.
(iii)
Any material, compound, mixture, or preparation of fenfluramine which contains
any quantity of the following substances, including its salts, isomers whether
optical, position, or geometric, and salts of the isomers when the existence of the
salts, isomers, and salts of isomers is possible.
(iv)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its
salts, isomers whether optical, position, or geometric isomers, and salts of the
isomers when the existence of the salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(A)
Cathine ((+)-norpseudoephedrine);
(B)
Diethylpropion;
(C)
Fencamfamine;
(D)
Fenproprex;
(E)
Mazindol;
(F)
Mefenorex;
(G)
Modafinil;
(H)
Pemoline, including organometallic complexes and chelates thereof;
(I)
Phentermine;
(J)
Pipradrol;
(K)
Sibutramine; and
(L)
SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(v)
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of
dextropropoxyphene (alpha-(+)-4-dimethylamino-1,
2-diphenyl-3-methyl-2-propionoxybutane), including its salts.
(vi)
A drug product or preparation that contains any component of marijuana and is
approved by the United States Food and Drug Administration and scheduled by
the Drug Enforcement Administration in Schedule IV of the federal Controlled
Substances Act, Title II, P.L. 91-513.
(e)
Schedule V:
(i)
Any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, or their salts calculated as the free anhydrous base or
alkaloid, which includes one or more non-narcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(A)
not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(B)
not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(C)
not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(D)
not more than 2.5 milligrams of diphenoxylate and not less than 25
micrograms of atropine sulfate per dosage unit;
(E)
not more than 100 milligrams of opium per 100 milliliters or per 100 grams;
(F)
not more than 0.5 milligram of difenoxin and not less than 25 micrograms of
atropine sulfate per dosage unit; and
(G)
unless specifically exempted or excluded or unless listed in another schedule,
any material, compound, mixture, or preparation which contains Pyrovalerone
having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers.
(ii)
A drug product or preparation that contains any component of marijuana,
including cannabidiol, and is approved by the United States Food and Drug
Administration and scheduled by the Drug Enforcement Administration in
Schedule V of the federal Controlled Substances Act, Title II, P.L. 91-513.
(iii)
Gabapentin.
Section 8.
Repealer.
Title.
Section 9.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-11-26 4:03 PM