ASSEMBLY JUDICIARY COMMITTEE
STATEMENT TO
ASSEMBLY, No. 5129
STATE OF NEW JERSEY
DATED: DECEMBER 15, 2025
The Assembly Judiciary Committee reports favorably Assembly Bill No. 5129.
This bill, designated as “CJ’s Law,” would criminalize the manufacture, possession and sale of products containing kratom.
Kratom, also known as mitragyna speciosa korth, mitragynine extract, biak-biak, cratom, gratom, ithang, kakuam, katawn, kedemba, ketum, krathom, krton, mambog, madat, Maeng da leaf, nauclea, or Nauclea Speciosa, is a botanical substance that grows naturally in Southeast Asia. The federal Food and Drug Administration (FDA) advises that kratom poses a threat to public health and has the potential for abuse.
Kratom is frequently marketed on the Internet for its psychoactive and opioid-like analgesic effects, and for use in the treatment of morphine and heroin addiction. Kratom is also frequently marketed as a safe herbal pain supplement, when it poses serious health risks. Kratom is not approved in the United States for any medical use. In a statement released in April 2022, the FDA warned the public against using kratom, noting that the substance “affects the same opioid brain receptors as morphine” and that it appears to have “properties that expose users to the risks of addiction, abuse, and dependence.” Addiction experts warn, echoing the sentiments of FDA warnings, that kratom can be highly addictive and create risk of abuse and dependence.
Currently, possession and distribution of kratom is not barred by federal or New Jersey law. However, The FDA has also issued a number of warning letters and conducted seizures of illegally sold, unapproved, or misbranded drug products containing kratom that make unproven claims about their ability to treat or cure opioid addiction and withdrawal symptoms. Kratom is banned or its use is restricted in several countries several states, with additional countries and states introducing legislation banning or restricting its use.
This bill amends existing law to include kratom as a controlled dangerous substance and sets out gradations for crimes involving the substance. The bill would make it a crime of the second degree to manufacture, distribute or dispense, or possess or have under one’s control with intent to manufacture, distribute, or dispense, a substance containing kratom in an amount of one ounce or more, including adulterants and dilutants. A crime of the second degree is punishable by a term of imprisonment of five to 10 years, a fine of up to $150,000, or both. It would be a crime of the third degree to manufacture, distribute or dispense, or possess or have under one’s control with intent to manufacture, distribute, or dispense a substance containing kratom in an amount of less than one ounce, including adulterants and dilutants. A crime of the third degree is punishable by a term of imprisonment of three to five years, a fine of up to $15,000, or both.
Under the bill, there is an exception for the possession and manufacture of kratom, mitragyna speciosa korth, mitragynine, or any derivative of those chemical compounds, for any person who is a practitioner as defined in N.J.S.A.24:21-1. N.J.S.A.24:21-1 defines a “practitioner” as a physician, dentist, veterinarian, scientific investigator, laboratory, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this State.
CJ’s Law is designated in remembrance of Christopher James (CJ) Holowach, who died at age 33 from cardiac arrest caused by an adverse reaction between his physician-prescribed medication and kratom, which had not been prescribed. While awaiting arm surgery, CJ Holowach consumed kratom to numb his arm pain without jeopardizing his recovery from opioid addiction. However, he was unaware of the dangers of kratom as the supplement’s bottle provided no warning labels or suggestions on safe dosage amounts.