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You can’t talk about Nebraska without relating it to corn. As the Cornhusker State, it was the birthplace of traditional corn harvesting techniques before modern machines and technical innovation became the norm. Tourists flock to the state, drawn by its picturesque landscapes, from gently rolling grasslands to wide-open farmlands stretching as far as the eye can see.
While Kratom currently remains legal in Nebraska, a bill proposed to ban kratom is in motion during the spring of 2024. So, under this new rule they’re considering in Nebraska, Kratom could soon join the ranks of regulated substances. This means anyone thinking about buying, selling, or even using Kratom in any form might have to think twice before doing so across the state.
Is Kratom Currently Legal in Nebraska?
If we’re talking about the current status, yes, Kratom is still legal in Nebraska. However, it might not be for long if LB 972 passes. With the passage of Nebraska Legislature Bill 972, local users in the state would no longer have legal access to kratom, with potential criminal penalties for non-compliance.
The American Kratom Association, the top kratom lobbying group in the US, is currently aware of the bill and has stated that LB 972 “doesn’t appear to have much support from other senators.” They also mention that Nebraska has a unicameral legislature, which means they only have a single legislative chamber and would need the support of many senators to pass such a bill. So the good news, according to the AKA, is that the bill really doesn’t have much traction in Nebraska’s legislature.
Ban Bill in Play: Exploring Nebraska Legislative Bill 972
Legislative Bill 972 aims to list Kratom as a controlled substance in Nebraska. It was introduced by Central City Senator Loren Lippincott on January 4, 2024, and was referred to the Judiciary Committee 4 days later. The hearing was set for February 1, 2024.
Kratom is a botanical native to Southeast Asia (scientifically known as Mitragyna speciosa). Depending on the strain and dosage, it offers a wide range of potential effects, from stimulation and energy to relaxation and sedation. Kratom is also available in different forms, such as ground powders, capsules, extracts, tablets, and even tea bags.
According to Lippincott, despite the potential benefits, Kratom has a high risk of being abused and risks of leading to habit formation and dependence, which could cause some individuals who have gotten used to it in higher doses to have trouble quitting.
Besides Senator Lippincott, another individual testified and showed her support for the proposed bill. Maggie Ballard from the Heartland Family Service mentions that Kratom has several side effects, ranging from mild to severe.
Lobbying Against The Bill
Quite a number of individuals within Nebraska are also lobbying against the bill, showing their support for continued legal kratom access. One was Sarah Linden, the owner of the Generation V and Grateful Green stores. She testified and opposed the proposal, mentioning that more than 15 million in the United States are using Kratom, typically aged 30 to 50. According to Sarah, these individuals use Kratom for various reasons, mentioning the alleged benefits these customers are experiencing.
The American Kratom Association has also been integral in opposing the bill, with Mac Haddow, the representative, testifying in opposition. According to Haddow, the total ban on Kratom may negatively impact individuals who have relied on it for a variety of reasons, putting them at risk of using more harmful substances with more dangerous side effects.
Instead of prohibiting Kratom, the American Kratom Association suggests Nebraska join the 12 other US states that have adopted the Kratom Consumer Protection Act, a regulation targeted at protecting consumers by regulating vendors and producers of kratom. According to the American Kratom Association, the bill does not have much traction with other senators, which is great news for those in Nebraska who support legal access to kratom.
Nebraska Criminal Defense Attorneys Association representative Spike Eickholt also argued against Bill 972, arguing that listing Kratom as a controlled substance would mean that many of the locals who are using kratom will be at risk of a felony charge.
The Kratom Consumer Protection Act
The Kratom Consumer Protection Act, supported by the American Kratom Association, advocates for more regulation and research surrounding kratom. Instead of outright prohibiting kratom, the KPCA seeks to regulate the sale and distribution of Kratom in order to protect consumers. While the KCPA differs from state to state, it generally follows some core rules.
- Prohibiting minors or individuals below 18 or 21 (depending on the state) to purchase Kratom
- Banning vendors who sell contaminated and impure kratom products
- Putting in regulatory requirements for vendors, such as GMP manufacturing guidelines, labeling requirements, and facility registration
Currently, 12 US states have passed this act and modified it to their individual needs. At this time, more states have decided to regulate kratom rather than make it illegal (12 to regulate vs 6 who banned). Ban bills have been proposed in the past in many of these states that passed a version of the KCPA, so if LB 972 does fail, another KCPA regulatory bill may be proposed in its place. This would be good news for Nebraska kratom users; however, there is no current KCPA legislation proposed in the state at this time.
The Future of Kratom Regulation in Nebraska
While Kratom remains legal in Nebraska for now, the passing of Legislative Bill 972 could significantly change this and make it illegal if passed. Luckily, it appears the bill does not have much support, but regardless, continued lobbying by kratom supporters and groups is still direly needed in the state.
If the bill does not pass, Nebraska’s legislative branch might consider the Kratom Consumer Protection Act in the future as a nice balance between legal access and consumer protection.
Ultimately, deciding to ban Kratom or simply regulate it in Nebraska will be based on a lot of public opinion and support on either side of the equation. To stay informed about the changes in kratom’s legality in Nebraska, locals should join the American Kratom Association for news and updates for the most current and accessible news.
