Suffolk lawmakers strike balance in push to regulate kratom

After several rounds of public hearings and testimony from dozens of residents and experts, Suffolk lawmakers revised a proposed bill on Tuesday that would ban the sale of kratom to focus instead on products they say are most harmful.

The revised law would allow loose leaf kratom, a plant native to Southeast Asia that people may consume in a canned beverage or tea, said Legis. James Mazzarella (R-Moriches), the deputy presiding officer and sponsor of the bill. 

He said the legislature is trying to take a "pragmatic approach" as opposed to an outright ban as originally proposed.

The bill  slightly mirrors one passed unanimously by  the state Legislature earlier this month to ban a synthetic version of kratom, specifically products that contain 7-hydroxymitragynine, known as 7-OH. Gov. Kathy Hochul has not yet signed that bill into law. 

Under the county bill, lawmakers would expand the state’s definition to prohibit any kratom products in a pill, capsule or liquid vial form, Mazzarella said.

"These products are the ones that we’re finding that have misinformation or misleading labels," he said.

Kratom products are often sold as an energy booster or pain reliever but can pose an addiction risk and have side effects like liver damage, nausea and seizures, according to the FDA. 

Mazzarella said the county’s law ensures those synthetic products are banned in case of any holdup at the state level.

Suffolk lawmakers have been wrestling with the best approach to dealing with kratom for several months since the county bill was first introduced. On Tuesday, the legislature held its fourth public hearing, which remains open until the next meeting July 14.

Dr. Andrew Kolodny, a senior research scientist who focuses on public health and substance abuse treatment at Brandeis University in Massachusetts, testified at length to legislators Tuesday on what he sees are harmful impacts of kratom.

"Attempting to regulate kratom rather than ban it does not appear to be working anywhere in the country," he said.

Suffolk already bans the sale of kratom products to anyone under 21 and the proposed legislation would amend the 2016 law that set that restriction.

Robert Lattig, owner of Roots Kava Bar in Port Jefferson, which sells wellness and herbal supplements, said it becomes "a game of whack-a-mole" when lawmakers propose banning substances like kratom.

"We need to work on education, harm reduction and not sitting here making plants illegal," he said.

Two residents spoke at Tuesday’s hearing about the benefits kratom products have had on their lives.

JoAnn Lynch, of Kings Park, said kratom has helped her manage symptoms of ulcerative colitis and described it as "lifechanging."

"Kratom has been the only medication I need, eliminating the usual cocktail of medications," she said.

Joe Liotta, 70, of Northport, said he would use kratom at night a few times a week, mixing a teaspoon of powder in eight ounces of orange juice.

He said after taking kratom, "you find out maybe certain joints don’t hurt as much, certain muscles don’t spasm as much."

An earlier public hearing in April lasted more than four hours and drew an overflow crowd of people weighing in on the proposed ban, including experts in public health and addiction, business owners, users who spoke positively about kratom's effects and some who described negative impacts.

Mazzarella said Tuesday it’s possible the legislature could close the hearing at its July 14 meeting and proceed to a vote. If not, the next meeting is in September.

By Joe Werkmeister

joe.werkmeister@newsday.com

Joe Werkmeister joined Newsday in 2022 and covers Suffolk County government and politics. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.

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