SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE

STATEMENT TO

SENATE, No. 301

STATE OF NEW JERSEY

DATED:  MARCH 16, 2026

      The Senate Health, Human Services and Senior Citizens Committee reports favorably Senate Bill No. 301.

      This bill would classify 7 hydroxymitrgynine (7-OH) as a Schedule I controlled dangerous substance. 

      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.

      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.

      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 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 illegal controlled dangerous substances 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. 

      This bill was prefiled for introduction in the 2026-2027 session pending technical review.  As reported, the bill includes the changes required by technical review, which has been performed.