Council votes to regulate kratom

ST. CLAIR SHORES — At its meeting on April 20, the St. Clair Shores City Council voted 6-0 to adopt an ordinance regulating the use of kratom by young people. 

Councilwoman Candice Rusie was excused for the meeting. 

According to items attached to the agenda, the ordinance defined what kratom is and added an age limit to purchase it. Those 21-years-old and under are now prohibited from buying, possessing or using kratom. 

The ordinance also stated kratom can be found as capsules and tablets, powder, liquid and edibles. They’ve found an increase of availability over the last couple of years. 

“The City further finds that although the U.S. Food and Drug Administration has issued multiple warnings regarding kratom, citing concerns related to addiction, contamination, adverse health effects, and risks to minors, kratom products may be purchased by minors and continue to be marketed without age restrictions or health warnings,” the ordinance stated.

According to items attached to the agenda, at their March 16 meeting, CARE of Southeastern Michigan provided a presentation, giving a full overview of the drug and allowing council members to ask questions. 

“Concurrently, the state is also looking into the complete sale of kratom, and the language is being discussed at the Senate level after the house passed language to prohibit the sale,” the agenda item stated.

Many other communities in southeast Michigan have taken on their own kratom policies or are in the process of looking into it. 

City Attorney Robert Ihrie said at the meeting the state is in the process of considering a complete ban on the drug. 

“We don’t know when and if the state will pass such a law, but in the meantime as a stopgap measure and because this product is being sold in various places in the city, City Council has requested an ordinance addressing the matter,” Ihrie said. 

He said the new ordinance deals with two issues: companies that sell kratom to those under 21 and minors who possess, purchase, use or present false identification to get it. Ihrie said he left out the penalties for doing either one so the council could collectively decide on it. He recommends the sale to a minor to be classified as a misdemeanor and for a minor to possess it be classified as a civil infraction. 

“That’s just a recommendation. Council does of course have the discretion to do what it wishes to do,” Ihrie said. 

Councilman Dave Rubello said every now and then, something comes to the table that makes a difference in people’s eyes. 

The Police Department will enforce the issue. 

Rubello said he’s read about the detrimental effects of kratom. 

“I didn’t know the severity of it, and it affects people’s lives,” Rubello said. 

The City Council ultimately decided to use the penalties recommended by Ihrie. They also thanked Rusie for leading the charge. 

At the budget hearing on April 27, Rubello asked 40th District Court Judge Mark Fratarcangeli how the new regulations will affect the courtroom. 

Fratarcangeli profusely thanked the council. 

“One of the most difficult things with our drug court is the use of kratom because we can’t test for it,” Fratarcangeli said. “It’s a substitute for opioids and it was running rampant.” 

He said that huffing is also a horrible problem, which involves things like aerosol cans, sniffing paint and other forms. 

“And you can’t test for it so it’s really frustrating in trying to get these people into recovery and maintain their recovery when you have (a) substance like this so readily available,” Fratarcangeli said.