[Adopted 12-6-2016 by L.L. No. 37-2016]
A. 
This Legislature hereby finds and determines that the County of Suffolk is a national leader in regulating drugs and other dangerous substances to protect the health and welfare of County residents. This Legislature further finds and determines that as the County of Suffolk becomes aware of unregulated substances, it acts quickly to determine the nature of the substance and its harmful effects and, if necessary, regulates its use. In recent years, Suffolk County has restricted the sale and use of bath salts, synthetic cannabinoids, salvia divinorum and the recreational use of dextromethorphan. This Legislature finds that mitragyna speciosa, an opioid-like plant, and its most active chemical, mitragynine, commonly known as "Kratom," are increasingly used around the world to obtain a "legal high." This Legislature determines that Kratom is indigenous to Southeast Asia and has traditionally been used by laborers in small doses as an herbal drug to fight fatigue and relief from muscle strain. More recently, Kratom has been used in large doses for recreational purposes. This Legislature also determines that many Kratom users consume Kratom leaves boiled in tea or in powder and pill forms. This Legislature further finds and determines that Kratom affects the brain like an opiate and can be highly addictive. Disturbingly, some people mistakenly embrace Kratom as a natural pain killer and benign substitute for more dangerous substances. This Legislature also finds that long-term use of Kratom has significant negative health effects, including anorexia, weight loss, nervousness, insomnia, constipation, and skin hyperpigmentation. Withdrawal symptoms are very similar to opiate withdrawal, including severe depression, anxiety, psychosis, chills, jerky limb movement and muscle aches. This Legislature further finds that overdoses of Kratom are also dangerous, causing hallucinations, delusions, listlessness, tremors, aggression, constipation and nausea. This Legislature hereby finds that Kratom has been outlawed in several nations, including Thailand, which produces the majority of the world's supply of Kratom. Presently Kratom is banned in Indiana, Tennessee, Vermont and Wisconsin. This Legislature further finds that the federal Food and Drug Administration (FDA) has determined that Kratom and its derivatives pose a threat to public health and have the potential to be abused. Accordingly, the FDA has issued an import alert on all dietary supplements and bulk dietary ingredients that contain Kratom or mitragyna speciosa. This Legislature also finds that, to protect the health and safety of its residents, Kratom should not be available in Suffolk County.
B. 
Therefore, the purpose of this article is to prohibit the sale and distribution of Kratom in the County of Suffolk.
As used in this article, the following terms shall have the meanings indicated:
KRATOM
The plant species Mitragyna speciosa and/or the plant's active chemical extract, mitragynine, also known as biak-biak, cratom, gratom, ithang, kakuam, katawn, kedemba, ketum, krathom, krton, mambog, madat, Maeng da leaf, nauclea, Nauclea Speciosa, or thang.
PERSON
Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind.
No person may sell, offer for sale or otherwise distribute Kratom in the County of Suffolk to any person under the age of 21.
Any person who knowingly violates the provisions of this article shall be guilty of an unclassified misdemeanor punishable by a fine of up to $1,000 and/or up to one year's imprisonment.
This article shall apply to all actions occurring on or after the effective date of this article.
This article shall be null and void on the date that statewide or federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide or federal legislation has been enacted for the purposes of triggering the provisions of this section.