Competing Kratom Bills in Nebraska: Ban vs. Regulation

Two bills sit in the Nebraska State Legislature: one that would ban kratom, and one that would regulate kratom via the Kratom Consumer Protection Act.

Legislative Bill 230, the Kratom Consumer Protection Act, would place strict regulations on the same of kratom. Introduced in January 14, 2025, LB230 prohibits the sale of kratom to anyone under the age of 21, and prohibits packaging deemed attractive to children (for example, using cartoons on the label). Kratom sold in Nebraska must be compliant with federal Good Manufacturing Practices. Kratom packaging must include specific health warnings and disclaimers, as well as instructions for proper use, serving size, and servings per container.

Under LB230, level of mitragynine and 7-hydroxymitragynine must be printed on the kratom packaging. Vendors are prohibited from selling products containing more than 2% of 7-hydroxymitragynine of the alkaloid content.

All products under LB230 must be registered with the Nebraska Department of Revenue. Included in the registration must be a certificate of analysis from an independent laboratory indicating the levels of mitragynine and 7-hydroxymitragynine. LB230 also defines and prohibits adulterated kratom products.

The kratom regulation bill is currently sitting in the Judiciary Committee.

Legislative Bill 431, on the other hand, wants to criminalize every person in Nebraska who possess, sells, buys, or manufactures kratom. This bill will make kratom just as illegal as heroin or LSD in the state.

The kratom prohibition bill is sponsored by Senator Loren Lippincott, a conservative Republican and outspoken supporter of Donald Trump.

LB431 has been referred to the Judiciary Committee on January 16.

Nebraska's unicameral legislature is a standout in the United States, being the only state with a single-house legislative system rather than the common bicameral setup. This unique structure was adopted in 1934 after a vote by the people, influenced by U.S. Senator George W. Norris, who advocated for it to promote greater efficiency and transparency. The motivation behind this shift was to reduce costs, eliminate redundancy, and simplify the legislative process.

The Nebraska Legislature is composed of 49 senators elected to four-year terms, and operates in a nonpartisan manner, meaning senators are elected without any party affiliation on the ballot. This nonpartisan approach is intended to foster collaboration and reduce partisan conflict. The legislative body functions similarly to other legislative entities, with committees, hearings, and debates, but with the streamlined process of only one house, avoiding the complications of conference committees and separate approvals needed by a second house.

Thus far, Nebraska has had no legislation on kratom.