BILL NUMBER: S3426
SPONSOR: HELMING
 
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 OR GENERAL IDEA OF BILL:
To prohibit the sale of kratom to individuals who are under the age of
twenty-one
 
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 2: The public health law is amended to provide for the
regulation of Kratom and defines Kratom.
(1399-mmm) to prohibit the sale of Kratom to individuals under twenty-
one years of age. Anyone knowingly selling or providing kratom to indi-
viduals under twenty-one years of age will be subject to a civil penalty
up to $500.
Section 4: Directs the Department of Health to conduct a study on the
benefits and risks of Kratom.
Section 5: Provides an immediate effective date.
 
JUSTIFICATION:
This legislation would prohibit any individual from knowingly selling or
providing kratom to anyone under the age of twenty-one years old.
Kratom (Mitragyna speciose) is a tropical free in the coffee family. It
originates from Southeast Asia, where it has been used as an herbal
drug. Kratom is currently sold and ingested in several forms, including
dried leaves, powder, liquid, capsules, tablets, and gum/resin.
While kratom is believed to have potential medical uses, like relieving
pain or reducing anxiety, it is also believed to have a high potential
for abuse. In 2016, the Drug Enforcement Administration (DEA) moved to
ban its sale and classify it as a Schedule I drug. They argued that it
posed an "imminent hazard to public safety." This decision was ultimate-
ly delayed to allow for further study.
Given the uncertainty surrounding the long-term effects of kratom, steps
must be taken to prevent its abuse. New York State previously raised the
age for purchasing nicotine products, like cigarettes and chewing tobac-
co, to twenty-one in an effort to improve public health. This legis-
lation would place the same age restriction on the purchase or
possession of Kratom. This step has been taken at the local level in New
York, as Suffolk County already prohibits sale or possession of Kratom
by individuals under twenty-one Similarly, other states, including Colo-
rado, Florida, Louisiana, Oregon, South Dakota, Tennessee, Virginia, and
West Virginia, have banned the sale of kratom to individuals under twen-
ty-one.
This legislation would also improve our understanding of kratom use by
directing the Department of Health to complete a study and provide a
report detailing its potential health risks, benefits and effects.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S.8401 referred to Health
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S3426: 1399-aa public health law