Prohibits the sale or distribution of kratom

Title of bill

An act to amend the general business law, the tax law and the alcoholic beverage control law, in relation to prohibiting the sale or distribution of kratom

Purpose

Prohibits the sale and distribution of Kratom

Summary of provisions

Section 1 amends the general business law by adding new Section 399-hh of the public health law to prohibit the sale and distribution of Kratom and any of its derivatives include, but are not limited to any material, compound, mixture and preparation containing Mitragnya Speciosa. This section further includes fines and penalties including but not limited to the prohibition of selling cigarettes and tobacco products, lottery tickets and alcoholic beverages for a period of five years.

Section 2 amends the tax law and states that any offender who violates this law more than three times in five years is subject to having their tobacco, lottery and alcohol licenses denied for a period of five years.

Section 3 amends the tax law and states that any offender that violates the Kratom ban more than three times in a five year period will have their license to sell cigarettes suspended.

Section 4 amends the tax law and states that any offender that violates the Kratom ban more than three times in a five year period will have their license to sell lottery tickets suspended.

Section 5 amends the tax law and state that any offender that violates the Kratom ban more than three times in a five year period will have their license to sell alcoholic beverages suspended.

Section 6 amends the alcoholic beverage control law and bans retailers from being issued a license to sell alcohol for off-premise consumption if they have violated the Kratom ban more than three times in a five year period.

Section 7 amends the alcoholic beverage control law and bans retailers from being issues a license to sell alcohol for on-premise consumption if they have violated the Kratom ban more than three times in a five year period.

Section 8 amends the alcoholic beverage control law and gives the State Liquor Authority power to revoke a license to sell alcohol to any retailer that has violated the Kratom ban more than three times in a five year period.

Section 9 provides for an effective date of the first of January next succeeding the date on which is shall have become law.

Justification

Kratom was first introduced to abusers of heroin and opioids in the United States as a beverage meant to end cravings and withdrawal symptoms, however recent reports have shown that this beverage has led to the opposite, now individuals are drinking Kratom to get a high similar to that of Heroin and opioids. Furthermore, numerous news reports have mentioned countless instances of individuals drinking Kratom and becoming suicidal, which has led individuals to again return to heroin.

The United States Food and Drug Administration banned the import of Kratom in 2014, however there is no federal law that bans Kratom in its entirety at the Federal level. Banning the sale and distribution of this potent beverage is crucial to ensuring the safety and welfare of our residents, especially those who are battling substance abuse.

Legislative history

New Bill.

Fiscal implications

None

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law