LOCAL KRATOM BANS: LAW ENFORCEMENT OVERREACH AND LACK OF SCIENCE

As kratom policy gets taken up by seemingly every level of government oversight, the decisions made at the lowest levels make one thing clear about public policy and new substances: Science and common sense give way to the heavy-handed approach of law enforcement.

Actions taken in both California and Illinois by city councils have limited access to kratom, but what is most troubling for advocates is the way these bills have played out. In one instance, it was clear from the start that hesitancy over kratom would win the day; in the other, the interference from law enforcement was so obvious it was nearly comical.

Both instances make it clear: It’s time for the kratom question to be settled at the state and federal level in the United States.

Kratom sales are now banned in both Newport Beach, California, and Des Plaines, Illinois after recent actions by the city council. In the case of California, advocates were annoyed at the expedient and seemingly extra-judicial manner in which the ban was passed. Des Plaines took a different, yet equally frustrating route for advocates: The city proposed a kratom ban, listened to public backlash and then removed the kratom ban from that measure… before changing its mind.

A little over a month later, the Des Plaines city council reversed that decision, added kratom and backtracked on the progress that was made during the previous session discussing the supplement. Now advocates across the country are scrambling to avoid access being limited by the same fear-based campaign that led to six states banning kratom at the suggestion of the Food and Drug Administration (FDA).

‘No Rationale for the Ban’

The first shoe to drop was a decision by the Newport Beach city council in March of this year, which banned the sale and distribution of kratom products in the city. What is problematic for advocates is the lack of specific reasoning cited in banning the herb, as well as the role that law enforcement and government agencies played in helping the council avoid addressing the prevailing science around kratom.

That leaves nearly 84,000 residents of the coastal California city ‘left hanging’ in the face of an action that limits a supplement such as kratom, which is legal at both the state and federal levels.

“What was most astounding was the collective silence of the entire City Council who offered no rationale for the ban and did not ask a single question on the evidence that showed how the FDA itself has dramatically changed its position on the alleged dangers of kratom,” said Mac Haddow, a senior fellow with the American Kratom Association (AKA).

Events were put in motion at the Feb. 13 meeting when Councilwoman Lauren Kleiman introduced an ordinance that was ‘in line’ with how the city views cannabis, which is also banned in Newport Beach. The difference is that kratom is not a federally scheduled substance, like cannabis, nor has the state of California taken any action to regulate or codify kratom sales.

So rather than regulate or offer consumer protections, including label requirements and a minimum purchase age, Kleiman introduced a measure to ban the plant in city limits.

“In the case of kratom, it’s untested and not authorized for consumption by the FDA, and yet it’s available to anyone who walks into any business that sells it, including minors,” said Kleiman.

That warning by the FDA was all Kleiman needed to hear on the subject… despite the fact the FDA’s evidence was deemed insufficient and kratom remains unscheduled. Kleiman was also not swayed by input from the AKA or others who testified in support of kratom to the council.

“Public policy deserves robust, open, and transparent debate – but despite the strong testimony of every witness – and no witness supporting the ban– the City Council approved the ban on a vote of 6-1, with no discussion and no questions,” Haddow said.

A Change of Heart

That same lack of open, transparent debate was on display in Des Plaines. During the initial meeting, where kratom was removed from the proposed ordinance, members of the council struggled with basic information about kratom, with understanding the legal situation surrounding kratom and seemed to defer to the law enforcement’s testimony despite no evidence, data or science being introduced in that meeting.

Alderman Patsy Smith seemed to be confused as to what she was even voting on before registering the deciding vote to REMOVE kratom from the proposed ban. A few moments later, she asked what they were voting on. It appears someone set the record straight for Smith, who was one of the vocal aldermen in support of the measure to ban kratom when it was reintroduced.

“I feel they need to investigate this product a lot more,” she said.

Both California and Illinois have introduced legislation at the state level to address the concerns presented by each city council. In 13 other states, laws dubbed Kratom Consumer Protection Acts (KCPA) serve to set age limits for purchase and set basic manufacturing rules to protect the market from bad actors or adulterants.

In each discussion, at least one voice on the city council suggested the matter is better taken up at the state level. That didn’t stop the city councils from banning the substance while they waited for the state legislature. Instead, they removed access to thousands of local consumers and took the products out of the stores that the local leaders had jurisdiction over.

While it seems like a compromise for those in charge, advocates have openly stated concerns about forcing consumers to turn to unregulated, online retailers for a product that is legal in both states.