A6145

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.