OHIO SIZES UP KRATOM RESTRICTIONS AND REGULATIONS AMIDST PUSHBACK FROM ADVOCATES

As the goalposts on kratom regulation shift to federal actions and state legislatures passing new laws, advocates are still fighting individual lawmakers who are taking up the cause against kratom based on outdated science.

In Ohio, the fight against kratom has been taken up by the city council of Toledo, which is aiming to not only take action against kratom within city limits, but they are also aiming to influence restrictions at the state level. That campaign was also supported by the state’s governor, who initially indicated a similar recommendation of the state’s Board of Pharmacy. Although prevailing information and updated guidance from the federal government have steered the conversation around kratom in a different direction, advocates now find themselves fighting against the threat of heavy-handed guidance from local health leaders.

City councilman Sam Melden is the driving force behind a two-tiered approach to regulating kratom, both within the city limits of Toledo and at the state level. Melden proposed a kratom sales ban for the shops in the city, and introduced a resolution that would see the city council urge the Ohio Board of Pharmacy to schedule kratom at the state level.

Melden’s arguments against kratom were repeated by Gov. Mike DeWine, who put out a press release on Aug. 25 claiming that the plant created an “imminent public health risk” and urged the Board of Pharmacy to hold a special meeting in an attempt to make all of kratom’s active alkaloids Schedule I drugs in state law.

That meeting was originally scheduled for the morning of Aug. 27. After receiving pushback from local businesses and kratom advocates, the BOP decided to take further time to study the issue before holding such discussions.

“The Governor and Board of Pharmacy made the right call in pausing before taking sweeping action that would have harmed thousands of Ohio consumers who responsibly use kratom,” said Mac Haddow, who represents the American Kratom Association.

Toldeo Takes Up ‘Kratom Question’

Toledo’s proposed ban would target the sales of any product labeled as kratom, regardless of its chemical makeup. The ordinance received its first reading at the Aug. 12 city council meeting, followed by a hearing on Aug. 20 before the Public Safety & Criminal Justice Reform Committee.

Melden acknowledged that he was unaware of kratom before receiving e-mails from constituents calling for action against the plant. Others on the council echoed those sentiments, which set the stage for the committee hearing.

During that session, councilors received testimony from local health leaders, industry advocates and kratom consumers that set the record straight on the true risks created by an unregulated industry.

First to testify was Karim Baroudi, the Health Commissioner for the Lucas County Regional Board of Health. Baroudi specifically highlighted the threat posed by “bad actors” in the industry that were synthetically enhancing the amount of 7-hydroxymitragynine (7-OH) in products that were labeled as natural kratom.

“7-OH products are more concentrated and are falsely marketed as kratom. This is a very dangerous trend and how we start another epidemic here,” Baroudi said. “While some 7-OH products are marketed as natural kratom, they are not the same.”

Those sentiments were echoed by Mahj Berryman, who works with Baroudi as the Supervisor for Injury Prevention for Lucas County.

Although Berryman was concerned about the way kratom products were being marketed for medical purposes that they have not been approved for, she was quick to speak out against prohibition as the right path forward. Berryman said that prohibition-style regulation does not make products disappear from the market, and would only further her concern that the dangerous products would be “sold in a way that is creating more harm than safety.”

“If our goal is to save lives and reduce harm, the solution might not be prohibition, but regulation and, of course, safe supply: Controlling substances manufactured, labeled and sold so people know what they’re using and can make safer choices,” Berryman said.

Searching for State-Level Regulation

The idea of regulation was also introduced by Baroudi, who made claims that Ohio had already regulated kratom products.

“Kratom, when it is processed and manufactured, is illegal in the state of Ohio,” Baroudi said. “It’s regulated in that form. It’s only legal in its leaf form and in its powder form. Once we start processing the product, it would become more potent–it would become more addictive.”

What Baroudi was referring to was a statute of the Ohio Revised Code that prohibits the adulteration of products sold as “food” that contain elements or additives that enhance the product. The examples provided were of ice cream products and other sweets and drinks that contained elevated levels of 7-OH, with Baroudi telling the council that his department was already taking action against such products, especially those that appealed to children.

The state legislature has failed to pass two attempts to give the state a Kratom Consumer Protection Act (KCPA). Most recently, an attempted KCPA was stalled out in the state Senate in 2023 after being introduced and sent to committee. A similar bill was introduced in 2022.  

In other states, versions of the KCPA have targeted the type of products that Baroudi spoke against, limited the amount of 7-OH in products that could be labeled as kratom and set forth the type of labeling that Berryman said would help reduce the risk of consumers buying dangerous products masquerading as natural supplements. The bill presented to the state Senate in 2023 contained all three of those elements.

The next step in the process in Toledo is a second reading of the proposed ordinance at the Sept. 9 city council meeting. DeWine and the BOP did not indicate a timetable for future actions on kratom products.

Despite the potential for future action against kratom, advocates are still hoping that cooler heads will prevail and the state can work toward a solution that maintains access for responsible kratom consumers and producers.

“Kratom consumers in Ohio and across the country want safe access to products they can trust,” Haddow said. “By focusing on removing dangerous synthetics while regulating natural kratom responsibly, Ohio can set a strong example for other states to follow.”