NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9068
SPONSOR: Linares TITLE OF BILL: An act to amend the general business law, the public
health law and the penal law, in relation to prohibiting the manufac-
ture, sale and possession of kratom products created from the mitragyna
speciosa plant
PURPOSE OF BILL: Prohibits the manufacture, sale, and possession of
Kratom and its derivatives until it is approved by the U.S. Food and
Drug Administration. Further establishes penalties for those found to
have violated these provisions.
SUMMARY OF PROVISIONS: Amends section 1 of the general business law,
section 3306 subdivision (b) of the public health law, and section
220.79 of penal law.
Section 1 of the general business law - Prohibits the sale or distrib-
ution of kratom.
Section 3306 subdivision (b) the of public health law - Includes kratom
(mitragyna speciose) on the controlled substances list.
Section 220.79 of the penal law - Declares the manufacture of kratom
products unlawful.
JUSTIFICATION: Kratom is a biological substance indigenous to areas
of Southeast Asia particularly to Thailand. Kratom is also known as
mitragyna speciosa forth, mitragynine extract, biakbiak, cratom, gratom,
ithang, kakuam, katawn, kedemba, ketum, krathom, krton, mambog, madat,
Maeng da leaf, nauclea, Nauclea speciosa, or thang (FDA, 2015). This
substance is often marketed on U.S. internet sites for its psychoactive
and opioid-like analgesic effects, and for its professed efficacy as a
morphine and heroin addiction treatment (Prozialeck, 2012).
However, according to the Drug Enforcement Administration (DEA), there
is currently no legitimate medical use for kratom in the United States
(DEA, 2013). The FDA has warned of the abuse potential of Kratom and the
health risks its consumption poses including respiratory depression,
nervousness, agitation, aggression, sleeplessness, hallucinations, delu-
sions, tremors, loss of libido, constipation, skin hyperpigmentation,
nausea, vomiting, and severe withdrawal signs and symptoms (FDA, 2014).
Scientific literature indicates serious concern regarding the toxicity
of kratom and its impact on various organ systems. Reflecting these
serious concerns, the U.S. Food and Drug Administration (FDA) has issued
Import Alert 54-15 to "FDA field personnel regarding the detention
without physical examination of dietary supplements and bulk dietary
ingredients that are or contain kratom" (FDA, 2015). The U.S. Army has
also forbidden its use by soldiers (Schwarz, 2016). The DEA has placed
kratom on its "Drugs and Chemicals of Concern" list (DEA, 2015).
Despite these serious concerns, the manufacture, sale, and possession of
kratom are not barred by Federal law. However, recognizing Kratom is
illegal in Indiana, Tennessee, Vermont and Wyoming and several other
states including Florida and New Jersey have introduced legislation that
would ban kratom until more is known about its health risks. Several
foreign nations have also outlawed Kratom including Australia, Malaysia
and Thailand. The Great State of New York must also recognizing the
realities of the danger posed by Kratom and prohibit its manufacture,
sale, and possession until such a time as it is deemed safe for consump-
tion.
References
Drug Enforcement Administration (DEA). (2013, January). Kratom (Mitragy-
na speciosa korth). Retrieved from
http://www.deadiversion.usdoj.gov/drug_chem _info/kratom.pdf
Drug Enforcement Administration (DEA). (2015). Drugs Of Abuse.
Retrieved from http://www.dea.gov/pr/multimedia-
library/publications/drug_of abuse.pdf page=84
Prozialeck, W., Jivan, J. ; Andurkar, S. (2012, December). Pharmacology
of kratom: an emerging botanical agent with stimulant, analgesic and
opioid-like effect. Retrieved from
http://www.ncbi.nlm.nih.gov/pubmed/23212430
Schwarz, A. (2016, January 2). Kratom, an Addict's Alternative, Is Found
to Be Addictive Itself. Retrieved from
http://vvww.nytimes.com/2016/01/03/us/kratom-an-addictsalternative-is
-found-to-be-addictive-itself.html?referer=https:/www. google.com/& r=1
U.S. Food and Drug Administration (FDA). (2014, September 25). U.S.
Marshals seize botanical substance kratom from southern California
facility. Retrieved from http:
//www.fda.gov/newsevents/newsroom/pressannouncements/ucm416318.htm
U.S. Food and Drug Administration (FDA). (2015, December 21). Import
Alert 54-15. Retrieved from
http://www.accessdataida.gov/cms_ia/importalert_1137.html
PRIOR LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect immediately.
