Unicameral advances Hallstrom bill to regulate kratom, adds nitrous-oxide sales ban and new scheduling for tianeptine

The Nebraska Legislature on Tuesday advanced LB230, a bill sponsored by Sen. Mike Hallstrom that would create a state regulatory program for kratom products, after the body adopted a funding amendment and two substantive amendments that change the bill’s scope.

The measure, as amended, directs the Department of Revenue to establish and administer a kratom registration program and sets age and sale restrictions; it also includes a pay‑for amendment and was amended on select file to ban flavored retail nitrous‑oxide canisters and to add tianeptine to Schedule II of the Nebraska Controlled Substances Act.

Supporters said a regulatory approach preserves consumer protection without criminalizing the product. Senator Hallstrom, the bill’s introducer, told colleagues that AM597 “is fairly simple and straightforward” and explained the amendment transfers funds so the bill would not require a separate general‑fund “A” bill for enforcement. Senator Mikayla Kavanaugh, who engaged in floor questioning, noted the fiscal note she reviewed: “The fiscal note ... is $251,000 in general funds this biennium and $121,000 next biennium.”

The floor debate was dominated by process arguments about attaching other measures to a noncontroversial bill. Senator John Kavanaugh unsuccessfully moved to bracket the bill until June 9 to prevent additions; that motion failed and the body returned to debate on the amendments. Several senators — including Sen. Dungan, Sen. Rountree and Sen. Spivey — said they supported LB230 in its original regulatory form but opposed adding controversial penalties and criminal provisions as amendments.

On substance, the body adopted AM689 (filed by Sen. Keay), which bans flavored nitrous‑oxide retail canisters and creates limited exemptions for legitimate culinary, medical, industrial and automotive uses; the Judiciary Committee reported the language out 8–0. Senator Keay said the flavored products “demonstrate a deliberate effort to encourage misuse of their product by minors,” and described retail penalties for sellers in the amendment.

Later the body adopted AM577 (filed by Sen. Riepie), which places tianeptine — described in testimony as an opioid‑acting, readily available product causing overdose risk in other states — into Schedule II of the Nebraska Controlled Substances Act and includes an emergency clause to speed enforcement. Senator Riepie said states are already acting to control the substance and urged Nebraska to act preemptively.

Senator Bosman, who had filed an amendment that several senators described as potentially controversial, announced she would withdraw it; she later confirmed she had pulled that amendment. After the series of votes the Legislature recorded a roll call adopting AM597 (37–0), AM689 (33–0), and AM577 (28–0), then voted to advance LB230 to E & R for engrossing.

Why it matters: supporters framed LB230 as consumer‑protection regulation for an emerging market and a way to avoid criminalization; opponents warned that attaching sentencing or scheduling changes to a noncontroversial vehicle can create “drag” and deprive the body of full debate on contentious criminal penalties.

Next steps: LB230, as amended, advances to engrossing and then final reading. The bill includes an emergency clause on at least one amendment, and its operative provisions and funding sources were discussed during floor debate.