Update: Legislature bans synthetic kratom, county exec still pushing for full ban

County exec will need to sign the law in order for ban to take place

The Dutchess County Legislature voted unanimously on Monday night to ban the sale and distribution of synthetic and concentrated kratom from gas stations and convenience stores across the county – but still not to the degree the county executive had originally proposed.

Kratom, Mitragyna speciosa, is a tropical evergreen tree from Southeast Asia in the same family as the coffee plant. It’s leaves have been traditionally chewed and brewed for centuries, but modern manufacturers are now synthesizing the plant’s properties to create dangerous, unregulated products that are currently available over-the-counter across the country. The supplement claims to have a variety of uses from increasing energy, reducing pain to even easing the symptoms of quitting opioids.

The ban passed unanimously by Dutchess County legislators on Monday night will prohibit the sale and distribution of concentrated and synthetic 7-hydroxymitragynine (7-OH) products, the potent, lab-enhanced kratom derivatives.

According to legislators the law would prohibit “products that exceed a defined 7-OH concentration threshold, and it separately bans the named synthetic derivatives (MGM-15, MGM-16, and mitragynine pseudoindoxyl) along with any future structural analogue designed to skirt the rules. It carries strict liability and escalating, per-sale civil penalties, and it reaches out-of-county and online sellers who ship these products to a Dutchess County address.”

But Dutchess County Executive Sue Serino says the ban “simply does not go far enough.”

“It leaves dangerous, unregulated natural kratom products on store shelves — products the FDA warns consumers not to use and that have been linked to severe health effects,” Serino said. “While the ban adopted this week is an important step, we cannot settle for a partial measure that still leaves the door open to further tragedy. I will continue pushing for a full ban that truly protects the health and safety of our community.”

“I will once again to vote once again ask the legislature to ban all kratom throughout Dutchess County,” Serino said in a video.

The legislature needs the county executive’s signature before a ban goes into effect. A public hearing will follow the executive’s action.

While currently legal across the United States, the U.S. Drug Enforcement Administration calls kratom “a drug of concern,” and as of July 1, announced its intent to re-classify the supplement as a Schedule I Controlled Substance, the same category as heroin and LSD.

According to the Mayo Clinic, “Poison control centers in the United States received more than 3,400 reports about use of kratom from 2014 through 2019. These included reports of death. Side effects reported included high blood pressure, confusion and seizures.”

At the end of July, Dutchess County Executive Sue Serino put out a public statement calling for the full ban of kratom, including the natural leaf. Under Serino’s proposed legislation, any person found to be selling or distributing Kratom or a Kratom-derived product, with limited exceptions, would be subject to civil penalty up to $1,500.

"Our responsibility is to respond to emerging public health threats before they become larger crises. This focuses on the most dangerous concentrated and synthetic kratom products and gives our County Health Department the tools to enforce those protections. I believe this strikes the right regulatory approach," said Legislator Trevor Redl of Poughkeepsie.

No other counties in the Hudson Valley have a current ban on kratom in place, though Suffolk County on Long Island has banned the substance. New York State law allows use for those 21 and up, and requires strict labeling and consumer warning disclosures on packages.


 

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