[Adopted 12-6-2016 by L.L. No. 37-2016]
A.
This Legislature hereby finds and determines that the County of Suffolk
is a national leader in regulating drugs and other dangerous substances
to protect the health and welfare of County residents. This Legislature
further finds and determines that as the County of Suffolk becomes
aware of unregulated substances, it acts quickly to determine the
nature of the substance and its harmful effects and, if necessary,
regulates its use. In recent years, Suffolk County has restricted
the sale and use of bath salts, synthetic cannabinoids, salvia divinorum
and the recreational use of dextromethorphan. This Legislature finds
that mitragyna speciosa, an opioid-like plant, and its most active
chemical, mitragynine, commonly known as "Kratom," are increasingly
used around the world to obtain a "legal high." This Legislature determines
that Kratom is indigenous to Southeast Asia and has traditionally
been used by laborers in small doses as an herbal drug to fight fatigue
and relief from muscle strain. More recently, Kratom has been used
in large doses for recreational purposes. This Legislature also determines
that many Kratom users consume Kratom leaves boiled in tea or in powder
and pill forms. This Legislature further finds and determines that
Kratom affects the brain like an opiate and can be highly addictive.
Disturbingly, some people mistakenly embrace Kratom as a natural pain
killer and benign substitute for more dangerous substances. This Legislature
also finds that long-term use of Kratom has significant negative health
effects, including anorexia, weight loss, nervousness, insomnia, constipation,
and skin hyperpigmentation. Withdrawal symptoms are very similar to
opiate withdrawal, including severe depression, anxiety, psychosis,
chills, jerky limb movement and muscle aches. This Legislature further
finds that overdoses of Kratom are also dangerous, causing hallucinations,
delusions, listlessness, tremors, aggression, constipation and nausea.
This Legislature hereby finds that Kratom has been outlawed in several
nations, including Thailand, which produces the majority of the world's
supply of Kratom. Presently Kratom is banned in Indiana, Tennessee,
Vermont and Wisconsin. This Legislature further finds that the federal
Food and Drug Administration (FDA) has determined that Kratom and
its derivatives pose a threat to public health and have the potential
to be abused. Accordingly, the FDA has issued an import alert on all
dietary supplements and bulk dietary ingredients that contain Kratom
or mitragyna speciosa. This Legislature also finds that, to protect
the health and safety of its residents, Kratom should not be available
in Suffolk County.
B.
Therefore, the purpose of this article is to prohibit the sale and
distribution of Kratom in the County of Suffolk.
As used in this article, the following terms shall have the
meanings indicated:
The plant species Mitragyna speciosa and/or the plant's
active chemical extract, mitragynine, also known as biak-biak, cratom,
gratom, ithang, kakuam, katawn, kedemba, ketum, krathom, krton, mambog,
madat, Maeng da leaf, nauclea, Nauclea Speciosa, or thang.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint-stock
association, or other entity or business organization of any kind.
No person may sell, offer for sale or otherwise distribute Kratom
in the County of Suffolk to any person under the age of 21.
Any person who knowingly violates the provisions of this article
shall be guilty of an unclassified misdemeanor punishable by a fine
of up to $1,000 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after
the effective date of this article.
This article shall be null and void on the date that statewide
or federal legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this article,
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Suffolk. The County Legislature may determine via mere resolution
whether or not identical or substantially similar statewide or federal
legislation has been enacted for the purposes of triggering the provisions
of this section.
