Amd Art 13-F Art Head, §1399-aa, add Art 13-F §1399-mmm, Pub Health L
Prohibits the sale of kratom to individuals under the age of twenty-one; imposes a civil penalty of not more than five hundred dollars for the sale or provision of kratom to any person under the age of twenty-one.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2340A
SPONSOR: McDonald TITLE OF BILL:
An act to amend the public health law, in relation to the prohibition of
the sale of kratom to individuals under the age of twenty-one
PURPOSE:
This legislation will prevent the sale of kratom to individuals under
21.
SUMMARY OF PROVISIONS:
Section 1. Changes title of section
Section 2. Adds Kratom definition to the public health law
Section 3. Amends the public health law to add the prohibition of the
sale of kratom for those under the age of 21. Requires signage about the
prohibition of kratom. Requires those buying kratom to show identifica-
tion.
Section 4. Requires commissioner of health to conduct a study relating
to kratom.
Section 5. Establishes the effective date
JUSTIFICATION:
Kratom is an opioid like plant which has a stimulant or opioid-like
effect. It is typically sold as tea leaves, powder or pill form for
muscle relaxation, to fight fatigue, and as an antidepressant. Despite
these many alleged medicinal benefits, the Drug Enforcement Adminis-
tration lists it as a drug of concern with no medicinal value. Further-
more, the Food and Drug Administration compares kratom to morphine in
its risks for addiction, abuse and dependence. Several FDA studies are
continuing to evaluate the scientific information on kratom but warns
consumers to not use any products containing kratom until it is better
understood.
According to the Center for Disease Control, kratom was listed as the
cause of death for 91 individuals out of 152 who tested positive for
kratom between July 2016 and December 2017. This legislation is
intended to help keep kratom out of the hands of children and young
adults. Under this legislation, a person who sells kratom to individuals
under 21 will face up to a $500 fine.
Sales of kratom have already been banned in Thailand, Alabama, Arkansas,
Indiana, Vermont, Rhode Island, Washington DC and Wisconsin. Tennessee
and Suffolk County also has a ban for sales under 21. New Hampshire and
Illinois bans the sale under 18. This bill does not seek an across-the-
board ban but is consistent with measures taken with items such as Mari-
juana. New York needs to protect individuals from this substance by
banning the sale of this substance for those under 21.
PRIOR LEGISLATIVE HISTORY:
2021: referred to health/reported
2021-22: referred to ways and means 23-2024: Steck (A4376)
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
