“Feel Free” was among the products containing kratom on sale...

“Feel Free” was among the products containing kratom on sale in Huntington last year.  Credit: Newsday/Alejandra Villa Loarca

Kratom products sold in Suffolk County will be subject to broader restrictions — but won't be completely banned — under legislation unanimously adopted Tuesday after lawmakers spent several months deliberating several versions.

The bill restricts the sale of the most harmful synthetic forms of kratom that health experts and lawmakers say pose the greatest health risk to users while allowing natural kratom plant products.

The Suffolk Legislature at Tuesday’s general meeting in Riverhead also adopted a bill to ban tianeptine, an antidepressant drug nicknamed "gas station heroin."

Both bills go to Suffolk County Executive Edward P. Romaine.

Legis. James Mazzarella (R-Moriches), the deputy presiding officer and lead sponsor of the kratom bill, said the legislature went "over and above to try and be balanced" to craft a bill that protects residents and is fair to those who benefit from kratom's natural form. The original version of the bill Mazzarella introduced called for an outright ban of kratom, generating significant debate that played out over several public hearings. 

"The plant kratom has gotten sort of a bum rap in a way," he said, through the synthesized products that contain 7-hydroxymitragynine, known as 7-OH.

He said he expects it won’t be the last time the legislature is tasked with regulating or banning similar substances.

"We’ve been calling it this game of Whac-A-Mole," he said.

The final version of the bill adds a requirement that all kratom products must be tested by a third-party laboratory before they can be sold. The testing is to confirm the products are free of synthesized material and other controlled substances.

The bill gives the county authority to test for compliance any kratom product sold in the county.

The Suffolk Department of Health Services is responsible for enforcement, according to the bill.

The other banned product, tianeptine, can be sold under names like Tianaa, Zaza, Neptune’s Fix, Pegasus and TD Red, according to the Food and Drug Administration, which warns the product is not approved for any medical use.

Legis. Chad Lennon (C-Rocky Point), the bill’s lead sponsor, said tianeptine products are mistakenly marketed as mood boosters or concentration aids but are potentially deadly.

"A substance that is also known as 'gas station heroin' should not be on our shelves," he said.

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