
Although the DEA has decided not to pursue the ban on kratom it seems the state of New York has took it upon themselves to reinstate the possibility of a ban. According to A231, the act is to amend the general business and tax law of the alcoholic beverage control law in relation the the prohibition of distributing kratom. The document clearly states that kratom would be defined as any form or derivatives of Mitragyna speciosa and should include any material, compound, mixture or preparation that is not designated as a controlled substance pursuant to section 3306 of the public health law.
The second point of the letter explicitly states that there should be no sales or even given away! It mentions persons, firms, corporations, partnerships, associations, and limited liability companies. The next clause “or other entity” would exclude any one else thinking they didn’t match the criteria. Interestingly the notice also states that whoever would be found guilty of breaking such a law would be fined up to $2,000 as a civil penalty for the first offense. Second offense is a civil penalty of $5,000. Get busted with kratom a third time and the court will provide notice thereof to the commissioner of taxation and finance, the division of lottery and the state liquor authority. This section seems geared to vendors of kratom as the penalties outside of the fine seem to be business related.
Why does New York think kratom is an herb worth prohibiting so soon after the federal government decided to retract their statements and delay a ban on kratom? Once can only make assumptions of the motive. Some people believe that the pharmaceutical industry has powerful lobbyists and influencers who have a vested interest in seeing kratom banned. Thailand did the same thing in 1943 when users begain flocking to kratom to kick their opiate habits. Is it possible New York is doing the same thing?

Legislation was introduced by New York Assemblywoman Aileen Gunther (D). “This would be the nail in the kratom coffin for New York wouldn’t it?” asked Fred Kaeser who is the former Director for Health for New York City’s public schools. Mr. Kaeser started using kratom a few months ago and benefits in a big way as it assists with his severe back pain and has virtually eliminated the majority of it. It seems that rather than banning the herb the government would be interested in doing more research on the plant. Why is the health benefits of kratom immediately dismissed by government? It is well known that there has not been any substantial research done to confirm the suspicions of those who propose the ban. To their credit, the DEA has said it would evaluate the situation and they asked the FDA to conduct an extensive medical and scientific review of Mitragyna speciosa.
Similar proposals have been conducted in Florida. Rep. Jacobs told the Florida Politics blog that “just like Hitler believed if you tell a lie over and over again, it becomes the truth. The Kratom Association stands to lose a lot of money if they aren’t able to continue profiting off the misery of addicts.” She believes kratom is a detriment to society and should be banned immediately. That can be seen in her third or fourth attempt now to ban the herb from Florida’s residents. Interestingly, in 2015 the Florida Department of Law Enforcement released a report stating that “no pervasive health issues” have been attributed to kratom and the herb “does not constitute a significant risk to the safety or welfare of Florida.”
With so many opposing beliefs and ideas it is interesting that government has not taken the steps to begin a full evaluation. Conflicting viewpoints and belief systems seem to block any attempt to find middle ground on the topic. It is unfortunate that we can not come to a consensus because while certain politicians are on a witch hunt for kratom suppliers and users, many people are forced to suffer with pain or deal with the alternative – take highly addictive and damaging prescription pain medication.
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