NEW YORK PASSES KRATOM AGE-RESTRICTION AS FIRST STEP TOWARD REGULATION

Despite advances surrounding the science of kratom and how the federal government treats the plant, some states are still starting at step one when it comes to regulatory policy. 

New York recently passed its first kratom law. Still, instead of taking a step toward real regulation, the state opted for a simple age restriction, as some lawmakers still hold a negative view of the natural supplements made from the kratom leaf. Although advocates can rest easy after an attempt to ban kratom was defeated in the state house, the new law still has a ways to go before it offers the protection that some in the industry feel is required to keep customers safe from bad actors. 

The bill that passed in June of this year is S4552A, and was authored by Sen. Patricia Fahy. With a signature from Gov. Kathy Hochul, the bill will become law and set an age restriction and a basic definition of kratom into state law. However, both supporters of regulation and kratom customers in the state are still searching for a more robust approach to regulation to keep consumers safe. 

“We’ve seen kratom use rise in our high schools as its sold unregulated in vape shops and corner stores while more and more of our young people consume this drug without knowing its potentially deadly and dangerous effects,” said Fahy. “I’m hopeful that this legislation will help save even more young lives, and I look forward to continuing to work with my colleagues to regulate this dangerous, deadly drug and reduce its use amongst our youth.”

Potential for Future Kratom Laws

What is missing from the discussion on kratom policy is a focus on the prevailing science about the plant and the dangers of an unregulated industry. 

While lawmakers and supporters of the age restriction pointed to the stance of the Food and Drug Administration (FDA) on kratom, the bill was passed before the FDA announced a plan to target one specific alkaloid in products falsely labeled as natural kratom. In July of this year, the FDA announced its intent to attempt to make 7-hydroxymitragynine (7-OH) a Schedule I substance at the federal level, and made it clear that natural kratom leaf was a separate matter entirely. 

As part of the process to pass kratom regulations, lawmakers referenced the deadly potential of kratom’s “opioid-like effects.” What was not mentioned is that researchers have identified synthetically enhanced 7-OH products as the true opioid-like substance being sold as kratom, while research has indicated that the naturally occurring alkaloids in kratom do not carry those same properties. 

Based on comments made by the bill’s co-sponsor in the state Assembly, it appears lawmakers are at least aware of the complexities of products being labeled as kratom. Assemblymember John McDonald became aware of kratom after the state’s Counterdrug Task Force began monitoring stores selling kratom products, and said this is just the beginning of the process to protect consumers from an unregulated market for kratom products. 

His comments alluded to the type of products that are typically associated with artificially elevated levels of 7-OH, but stopped short of specifically mentioning the alkaloid, which only occurs in trace amounts in products derived from natural kratom leaf. 

“This bill will prohibit kratom sales to those who are under 21, which is a first step as New York State continues to consider how kratom will be regulated in the future,” McDonald said. “Protecting our minors from drinks and other products that contain kratom where they may not fully understand the effects or impact of the product is a logical measure.”

Regulation Preferred to Restrictions

The good news for those in favor of more robust regulation is that an attempt to schedule all kratom products stalled out in committee earlier in the legislative session. That bill, A4034, would broadly target all derivatives of the kratom plant as Schedule I substances under state law. 

On Jan. 30, it was referred to the same committee that advanced the Fahy/McDonald bill and received no further action. The Senate version of the proposed kratom ban was referred to the Health Committee on Apr. 11 and also stalled at that step of the process.

The two sets of bills taking up the question of kratom regulation came in the wake of a Sept. 2024 briefing held by the Counterdrug Task Force of the NY Air National Guard. Although some in the legislature opted to target kratom, the same reasoning behind the attempt to ban products derived from the plant could be seen as a sign that more robust regulation could be taken up in future legislative sessions. 

“There is no regulation on manufacturers or sellers, resulting in a lack of information to consumers and a lack of transparency in what is truly in kratom products,” said the statement of justification associated with A4034. 

Per state law, a bill that is transmitted to the governor during a legislative session will become law, even without a signature, following a 10-day period that does not include Sundays. If a bill is sent to the governor outside of a session, the governor has 30 days to act, or else the bill is effectively vetoed if it is not signed. 

Although there is no official update more than two months after the age-restriction bill was passed by lawmakers, McDonald said in the initial press release that he is hopeful that Hochul will support the first step toward regulating the kratom industry. 

“I am hopeful that it will be signed into law in the near future," McDonald said.