ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 5129

STATE OF NEW JERSEY

DATED:  DECEMBER 18, 2025

      The Assembly Appropriations 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 and 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.

FISCAL IMPACT:

      The Office of Legislative Services (OLS) finds that this bill will result in annual indeterminate State and local expenditure increases.  The following State and local agencies would incur caseload and expenditure increases: i) the Department of Law and Public Safety would prosecute cases or provide guidance and other information to the county prosecutors; ii) county prosecutors would have to prosecute additional cases with the criminalization of kratom and possibly a reluctance on the part of the defendant to enter a guilty plea; iii) the Judiciary may have to adjudicate additional cases; iv) the Office of the Public Defender may have to represent additional low-income criminal defendants; and v) the Department of Corrections may have to house and care for more inmates and the State Parole Board would have to supervise their return to society.

      The OLS does not have sufficient information on the potential increase in the number of convictions and terms of imprisonment resulting from the bill’s provisions and therefore is unable to estimate the costs to the State. The OLS finds that to the extent that the bill will result in additional incarcerations, based on information provided by the Department of Corrections, the FY 2024 average annual cost for housing, ensuring security, and providing services to an incarcerated individual was $75,254, whereas the average daily cost was $11.39.

      The OLS notes the State may receive indeterminate revenue from increased fines imposed on individuals convicted of the upgraded crime under this bill.  However, the State’s ability to collect criminal fines and penalties has historically been limited.