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Committee adopts amendment to bar kratom sales at liquor/tobacco‑licensed retailers; SB 57 passes committee
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Summary
The Criminal Justice and Public Safety Committee adopted an amendment to SB 57 that uses liquor/tobacco licensing as an administrative enforcement tool to remove kratom from many retail shelves; the committee reported the bill as passed after unanimous roll-call votes.
The Criminal Justice and Public Safety Committee on Thursday adopted an amendment to Senate Bill 57 that would prohibit liquor‑ and tobacco‑licensed retailers from selling kratom products and reported the bill out of committee unanimously.
Representative Murphy moved the amendment (1473‑h), saying kratom has become a public‑health and highway‑safety problem and that the change would simplify earlier, more complex language. Murphy told the committee the amendment targets common retail sources — gas stations, convenience stores and vape or tobacco shops — and relies on licensing sanctions rather than criminal penalties.
Deputy Chief Danielle Ellis of the New Hampshire Liquor Enforcement Division told the committee her agency could handle the measure administratively. "This probably gets us 75% of the way there," Ellis said, explaining the commission enforces alcohol and tobacco licenses and can require licensees to remove unauthorized products from shelves and pursue administrative sanctions. She said the agency has about 6,400 licensees overall and roughly 1,500 tobacco licensees.
Members asked whether restricting licensed sellers would simply shift sales to unlicensed shops; Ellis acknowledged some CBD or other unlicensed stores could remain outside the agency’s jurisdiction and said the change would not create criminal penalties or personal sanctions. Representative Sherr and others pressed for clearer definitions of potency and formulation in the statutory language; Sherr said his earlier amendment attempted to address gray areas such as concentrates and semi‑synthetic preparations.
After a brief caucus, the committee reconvened. The roll call on the amendment adoption was recorded 12–0 in favor and the chair declared the amendment adopted. The committee then voted that SB 57 "ought to pass" as amended; that roll call was recorded 13–0 and the bill was reported out of committee as passed.
The measure uses the liquor/tobacco licensing framework for enforcement and does not criminalize possession or impose direct criminal penalties at the state level; sponsors said the amendment was intended as an immediate, pragmatic step while leaving federal scheduling and future penalties to other processes. The committee directed Representative Murphy to collaborate on the committee report for the amendment.
