BILL NUMBER: S4552A
SPONSOR: FAHY
 
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:
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 FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S4552: 1399-aa public health law
S4552A: 1399-aa public health law