Picente: Oneida County Bans Sale of Kratom Products

Oneida County Executive Anthony Picente has signed a new local law banning the sale of kratom and kratom-derived products anywhere in Oneida County.

Picente signed the legislation following a public hearing Wednesday. The county has now submitted the law to the New York State Secretary of State for filing.

The move makes permanent a ban that has essentially been in place since June.

“Today, this important legislation becomes law, and with it comes a clear message: Oneida County will not stand by while products that pose serious risks to our residents are sold in our communities,” Picente said. “Kratom and kratom-derived products have no place on store shelves in Oneida County.”

Kratom, also known by its scientific name Mitragyna speciosa, is commonly sold in teas, powders and capsules. The U.S. Food and Drug Administration says compounds found in kratom can interact with some of the same brain receptors as opioids. Federal health officials have warned about potential risks associated with kratom, including abuse, addiction and other adverse health effects.

The FDA has not approved kratom for medical use.

Picente first announced his intention to ban the substance during his State of the County Address on May 8. At the time, he called kratom an emerging public health concern and said the county needed to address the growing availability of products with opioid-like effects.

The Oneida County Health Department followed with a public health order banning the sale of kratom and kratom-derived products. That order took effect June 5.

Picente proposed making the prohibition a local law on June 30, and the Oneida County Board of Legislators unanimously approved the measure on August 12. The existing health order will remain in effect until New York State officially files the new law.

County officials say a major concern involves mitragynine, the primary psychoactive alkaloid found in kratom, along with compounds that can be derived or altered from it.

The new law also gives the county some enforcement power.

Oneida County Health Department officials and law enforcement agencies are authorized to conduct compliance checks at stores and other businesses. Those checks can happen during routine inspections, after a complaint or as part of a criminal investigation. Prohibited products can be confiscated and destroyed.

“Enforcement is active and ongoing,” Picente said. “Businesses should take immediate steps to ensure these products are removed from shelves and are no longer offered for sale. Our goal is compliance and protecting the health and safety of the community.”

Businesses caught illegally selling or distributing kratom face a $500 civil penalty for an initial violation. Each subsequent violation can bring a civil penalty of up to $1,000 per item confiscated.

The prohibition applies to any person or business selling kratom or kratom-derived products in Oneida County.

There is an exception in the law for an FDA-approved kratom product or kratom dispensed by a licensed pharmacist with a prescription from a licensed physician.

Businesses looking for more information on the new law can contact the Oneida County Health Department at 315-798-5064 or environmentalhealth@oneidacountyny.gov.