Nassau lawmakers pass ban on kratom, also known as 'gas station heroin'

Nassau County lawmakers on Monday approved a bill banning the sale of kratom products often sold in smoke shops, convenience stores and gas stations as the substance faces increased scrutiny for its opioid-like effects.   

Sometimes referred to as "gas station heroin" and sold near cash registers from $6 to $13 per ounce along with energy drinks, the concentrated kratom 7-OH compound products have increased in popularity among young people locally, with experts raising the alarm after seeing abuse by those weaning off a street drug addiction. It is often mistaken for the natural form of the kratom plant, which has a reputation for its therapeutic properties in treating anxiety and has been in use in some Asian cultures as a medicinal tea in much lower doses. 

The unregulated use of synthetic commercial products, mostly ingested, is what prompted the Kratom Consumer Protection Act, which County Executive Bruce Blakeman said he would sign into law. In a rare move, all 19 Nassau legislators co-sponsored the legislation, which goes further than the limits imposed by state and Suffolk County lawmakers last year. 

"It's necessary because we are seeing huge numbers of young people turning to kratom. As we transition out of the opioid crisis, and we are seeing big changes in supply and use, we do see young people who are gravitating towards other substances and this one in particular," said Jeffrey L. Reynolds, president and CEO of the Family & Children's Association, a nonprofit that provides drug prevention and addiction recovery services across Long Island. 

Once signed, the new law would be enforced by the county's health department and county police. Violators would face misdemeanor charges with a punishment of up to 1 year in jail or a fine of $1,000, or both. Selling the products to a minor would result in an increased fine of $1,500 fine or up to 1 year in jail, or both, according to the bill. 

"At the end of the day, it's a public safety issue for us," said Legis. Patrick Mullaney (R-Long Beach), one of the lead sponsors, who said he began researching the topic after hearing about veterans in his district struggling with their addiction to kratom. "The places that put precautions in place did not go far enough. It's not that people weren't doing anything. Like myself, I think people didn't know it was a thing." 

Legis. Arnold Drucker (D-Plainview), who began drafting legislation over the summer after a few constituent calls, echoed Mullaney's sentiments, saying he was pleased both sides were able to come together for the important public health measure.

He said two parents from Syosset told him their child had to drop out of college after becoming addicted to the substance.

Drucker said the commercial sale of kratom is "exploiting a very vulnerable population looking for a cheap and easy way to get high."     

Critics of the bill at a public hearing on Monday told legislators that they believed a ban on all kratom products went too far and detailed some of the benefits the drug has provided in pain management in place of opioids. 

Allison Smith, director of government affairs for the Global Kratom Coalition, an industry group that supports the use of natural kratom worldwide, asked legislators to "consider the 23 million natural kratom users nationally and those who live in Nassau County." 

She opposed Nassau's bill on the grounds that it did not differentiate between consumers of the natural kratom plant and the synthetic version of the product, which she said comes from "bad actors" who will find another way to bring an addictive substance to market. 

"Bad actors do not care about access to natural kratom, they don't care about blanket bans, they do not care about the fiscal impact of how this will infringe on personal freedoms. They are just going to find another substance to chemically alter," Smith told legislators.   

Nassau County Health Commissioner Dr. Irina Gelman testified in support of a ban of all kratom products.

"There is a systemic impact and no safe level of kratom. While 7-OH is more dangerous, let me be crystal clear: neither form is safe," Gelman said, who noted the potential of multiorgan failure in chronic use of the products.

In December, Gov. Kathy Hochul signed a pair of bills prohibiting the sale of kratom to anyone under 21 years old and requiring warning labels on all kratom products. Similar laws are on the books in Suffolk County, where there are plans to enact stricter measures that would ban the sale as well.

Suffolk County Edward P. Romaine last week said he "would be happy to join my colleagues in Nassau County and look forward to working with the Suffolk County Legislature to enact this important law."

In July, the U.S. Federal Drug Administration recommended banning the sale of the synthetic version of kratom containing 7-OH and warned of its serious health risks. 

Several states have bans, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.

By Candice Ferrette

candice.ferrette@newsday.comcandiceferrette

Candice Ferrette covers Nassau County government and politics on Long Island. She has been a reporter at Newsday since 2011.