Kratom sales banned in Plymouth Township
Plymouth Township is moving to ban the sale of kratom and its synthetic derivatives, a step that could bring fines of up to $25,000 for violators and puts the township at odds with some neighboring communities.
Under the ordinance, which township officials said will take effect within the next month, businesses will have 30 days to remove kratom products from their shelves before facing penalties.
Those caught selling or distributing kratom could face civil fines of $1,000 to $7,500, depending on the offense. An aggravated violation carries a fine of up to $25,000. Repeat violations are punishable as misdemeanors.
Township Clerk Kim Gaedeke, a member of the board of trustees, said the ban follows the approach some communities have taken with marijuana sales, in which local governments decide whether to allow them. She said the township wants to “learn more” about kratom, including its natural form, while protecting residents.
Her biggest concern, Gaedeke said, is young people. She said she worries about products marketed in ways that make it difficult for teens and young adults to tell natural kratom from more potent synthetic derivatives, which she said can lead to overdose.
“As a parent, it’s scary,” she told fellow board members during a meeting last month.
Kratom is a tropical tree native to Southeast Asia. The U.S. Drug Enforcement Administration says its leaves produce stimulant effects in low doses and sedative effects in high doses and can lead to psychotic symptoms and physical and psychological dependence.
Concentrated synthetic products such as 7-OH, sometimes called “gas station heroin,” are considered more potent and dangerous.
Earlier this month, the DEA and the U.S. Department of Health and Human Services (HHS) announced a threshold-based Schedule I control on certain potent kratom-related compounds, rather than a ban on traditional botanical kratom leaves.
“We are drawing a clear line between natural kratom and dangerous, enhanced opioid products,” HHS Secretary Robert F. Kennedy Jr. said in a statement. The policy targets concentrated 7-OH and MGPI, he said, “without sweeping natural botanical kratom into Schedule I.”
Some residents welcomed the township action noting there is no age limit on the purchase of the substance and the thought of a child buying it as a gas station or smoke shop described as “super scary.”
Several kratom users opposed a blanket ban during the meeting, arguing that natural kratom is different from synthetic products like 7-OH.
“To me, comparing natural kratom to 7-OH is like comparing ibuprofen to morphine,” said Dylan Bonell of Royal Oak, who grew up in the area and said he has used kratom for years.
Beth Blackwood of Dearborn said she uses kratom to manage pain. “Your decision is whether I’ll have one fewer way to manage it,” she told officials.
Daniel Kelly, another user, said a ban on the plain leaf could push people back to pills. “I’m pushed back to the pills that nearly killed me,” he said.
Gaedeke acknowledged that some people benefit from kratom but said the township chose to act while lawmakers and researchers work toward a long-term solution. She said she hopes Plymouth Township can be an example for other communities.
Nearby communities have not made the same decision as officials in Plymouth Township.
Members of the Canton Township Board of Trustees chose not to enact a commercial ban. Instead, they adopted rules prohibiting sales to minors and requiring buyers to be at least 21. Police Chief Joseph Bialy advised trustees that kratom has legitimate uses for some people. Canton police have nonetheless cracked down on smoke shops and tobacco stores selling highly concentrated synthetic 7-OH products.
City council members in Westland have taken a wait-and-see approach, saying their decision will be influenced by House Bill 5537 before the end of the legislative session. The Michigan House passed the bill earlier this year to completely prohibit the growth, sale, and distribution of all kratom products statewide.
Because kratom and 7-OH are not controlled substances under Michigan law, people cannot be criminally charged for possessing or buying them, and police cannot seek typical drug warrants.
Authorities have instead targeted retailers. Working with the Michigan Department of Agriculture and Rural Development, law enforcement has relied on state guidelines that bar psychoactive substances such as kratom and concentrated 7-OH from being marketed or sold as food or dietary supplement ingredients.
After a large seizure of 7-OH products at a Canton tobacco shop recently, the items were referred to the Wayne County Prosecutor’s Office, which is evaluating cases under consumer safety, mislabeling and illegal commercial sales laws.
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