PHILADELPHIA KRATOM BAN: CITY COUNCIL HEARING THURSDAY — SHOW UP OR SUBMIT COMMENTS BY WEDNESDAY 3 PM

Philadelphia City Council is holding a hearing this Thursday, May 21 at 12:00 PM on legislation that would create a de facto ban on natural kratom leaf in the city. The ordinance would prohibit the sale of any "intoxicating substance" that has not received FDA approval under Section 505 of the Federal Food, Drug, and Cosmetic Act — a pharmaceutical drug approval standard that does not apply to natural botanical products like kratom. If you live in or near Philadelphia, your presence at this hearing is especially important. Here's what the legislation does and exactly how to make your voice heard before Thursday.

Take Action Now

There are three ways to participate — and the deadline to sign up to speak or submit written comments is Wednesday, May 20 at 3:00 PM.

Want to Speak at the Hearing?

• 📞 Call to sign up: (215) 686-3406

• 📧 Email to sign up: chiefclerk@phila.gov

• ⏰ Deadline: Wednesday, May 20 at 3:00 PM

• Please note: speakers must sign up individually — not on behalf of others or groups

Submit Written Comments

• 📧 Email: chiefclerk@phila.gov — preferably as a PDF attachment

• ⏰ Deadline: Wednesday, May 20 at 3:00 PM

• Written submissions become part of the official record

Show Up Day-Of

• 📅 Thursday, May 21 at 12:00 PM

• 📍 Room 400, City Hall, Philadelphia

• Check in at the desk by the entrance

• 🔗 Hearing details: phila.legistar.com

• 🔗 Full action toolkit: protectkratom.org/pennsylvania

Contact the Committee on Commerce and Economic Development — Individually

• Mark Squilla — Sean.McMonagle@phila.gov

• Curtis Jones Jr. — Joshua.cohen@phila.gov

• Katherine Gilmore Richardson — Eliza.Alford@phila.gov

• Jamie Gauthier — Mary.Jones@phila.gov

• Jeffery Young Jr. — Jeffrey.young@phila.gov

• Mike Driscoll — Mike.driscoll@phila.gov

What to Say

Write and speak in your own words. Share your personal story — it is what lawmakers remember most. Make these points:

• You are opposing this legislation because it would effectively ban natural kratom leaf in Philadelphia

• Requiring FDA pharmaceutical drug approval is a standard that does not apply to natural botanical products — this is a de facto ban, not regulation

• Focus on targeted regulation instead: age restrictions, consumer safety standards, product testing, and labeling

• The FDA has drawn a clear line between natural kratom and synthetic 7-OH — Philadelphia's approach should reflect that distinction

• Don't punish responsible adults with a de facto ban

What the Legislation Would Do

Bill 260163, introduced by Councilmember Gilmore Richardson, amends Title 9 of the Philadelphia Code to regulate the sale of "intoxicating substances," a category that includes both hemp products and kratom products. On the surface, the bill contains some elements that responsible kratom advocates would support — a 2% 7-OH cap, a ban on synthetic alkaloids, lab testing requirements, clear labeling, and a 21+ age restriction. These are exactly the kinds of consumer protections that the Kratom Consumer Protection Act framework has established in 18 states.

But buried in Section 9-6702(4) is a provision that effectively undoes all of that. The bill makes it unlawful to sell any "intoxicating substance" — including kratom — that has not received FDA approval under Section 505 of the Federal Food, Drug, and Cosmetic Act. Section 505 is a pharmaceutical drug approval process. It applies to prescription drugs and over-the-counter medications — not to natural botanical dietary supplements like kratom leaf. No natural kratom product has received or could receive this type of approval under the current regulatory framework.

In plain terms: the bill's consumer protection elements are real, but the FDA Section 505 requirement makes them irrelevant. No kratom retailer could obtain the required license because no kratom product can satisfy the pharmaceutical drug approval requirement. The practical effect is a total ban on kratom sales in Philadelphia, regardless of how responsible the product or the retailer is.

That is why we are asking Philadelphia consumers to show up and oppose this legislation as written — not because regulation is wrong, but because this specific provision goes far beyond regulation and creates a de facto ban through the back door.

The FDA has specifically differentiated between natural kratom leaf and synthetic 7-OH concentrates. The AHPA has similarly warned against conflating 7-OH with natural kratom. As research discussed on the Huberman Lab podcast and confirmed by an FDA study makes clear, these are fundamentally different products. Philadelphia's legislation ignores that distinction and applies a pharmaceutical standard to a botanical product that has been used safely for decades.

The Right Path Forward

Responsible regulation — not a de facto ban — is the right answer for Philadelphia. The Kratom Consumer Protection Act, adopted in 18 states, is the proven framework: age restrictions, lab testing, clear labeling, and limits on synthetic alkaloids. It targets the products that pose real risks while keeping natural kratom accessible to responsible adults. That is the standard Philadelphia should be working toward.

Applying a pharmaceutical drug approval requirement to a natural botanical product is not consumer protection. It is prohibition by another name.

The Bigger Picture

Pennsylvania consumers have been showing up and making a difference. Responsible kratom advocates have stopped bans in city after city by attending hearings, submitting comments, and sharing personal stories. States and cities that have chosen regulation over prohibition have consistently produced better outcomes for consumers and public health alike.

The written comment deadline is Wednesday at 3 PM. The hearing is Thursday at noon. Submit your comments. Show up if you can. For the latest on kratom legality in Pennsylvania and other states, visit our kratom legality map.