Blog

May 07, 2023

Kratom, an herbal extract, is raising addiction fears. Ascension is the 1st parish to ban it.

Ascension Parish will become the first parish in Louisiana next month to ban the

Ascension Parish will become the first parish in Louisiana next month to ban the sale of kratom, an unregulated "herbal supplement" that has raised concerns about addiction.

But officials backed away from wider restrictions that would also have made it illegal to possess or consume the product, waiting for clarity on what actions state or federal regulators might take.

Sold in smoke shops and gas stations around the parish, primarily in tablet or capsule form, the Southeast Asian herbal extract has been promoted for its energy boost and pain relief. But it has drawn criticism for its opioid-like effects that some former users and their family say ruined their lives in addiction.

Six states have banned the product, including Arkansas, though some are rethinking those bans.

Supporters of the extract, which is pronounced "kray-tum," have argued it has helped them get off heroin and other addictions and is being misportrayed by critics. They say the problem is not kratom itself, but people who mix the drug with powerful opiates like fentanyl.

Some Parish Council members, like Aaron Lawler, have sat through meetings of emotional pleas either to ban or to keep the product available and have been sent hundreds of emails. Those council members said they were uncomfortable with a total ban that would also criminalize possession without more expert information.

Councilman Travis Turner, who is a criminal defense attorney, added that kratom remains legal outside Ascension Parish.

A stricter parish law that would have barred possession, he said, would have meant people could drive into Ascension and be subject to criminal searches of their vehicles, opening them to other potential liability over a product that is legal to use everywhere else in the state.

Amid some doubts on the council about what to do, Parish President Clint Cointment said he had seen and heard enough in meetings and from people and doctors he trusts to go forward with a ban until state or federal regulation occurs.

"Let's be 'Ascension.' Let's ascend. Let's step up and be the first" to ban kratom, Cointment said.

The council coalesced, at the urging of Councilwoman Teri Casso and others, around only banning kratom's sale until the state or federal government takes more decisive action. Cointment and several members said they were concerned about kratom being available in convenience stores to residents, particularly children.

"I see it as a responsibility to protect our citizens. We really must do that," Casso said Thursday night before the unopposed vote.

Sheriff Bobby Webre had gotten behind the effort at the urging of Councilman Joel Robert, who introduced the proposal weeks ago. The sheriff said his narcotics detectives have been seeing increasing problems from the product.

Ali Gbari, manager of two Double A Discount convenience stores along Airline Highway inside and just outside Gonzales, said he began selling kratom three years ago because customers were asking for it.

Gbari said he doesn't believe the new law will have a major impact on his bottom line, but other businesses, including some smoke shops where kratom is a bigger part of the sales pie, could see more impact.

"Whatever the law says, we're going to follow the law," Gbari said.

The new law, which won't take effect of Sept. 8, will make it a misdemeanor to sell kratom.

Conviction can result in up to a $500 or a $1,500 fine, depending on the number of repeat offenses, and up to six months in prison. If someone who is convicted is also a retailer licensed to do business in Ascension, that person will also lose their business license.

Parish officials said the law would apply in Ascension's three municipalities unless they have their own ordinances on kratom. Gonzales, for example, doesn't have such a law, city officials said.

The council is expected to adopt a resolution next month urging their legislative delegation to pursue regulation of the product.

State Rep. Kathy Edmonston, R-Gonzales, who was present for the council vote in Gonzales, is planning to introduce that legislation next year.

Edmonston said she isn't sure yet if that legislation will involve a total ban or regulation of kratom's sale and use. Over the past few years, previous state legislative attempts to regulate kratom, including by defining it as a controlled substance like heroin, have failed to go far.

State Rep. Francis Thompson, D-Delhi, made the latest attempt last session but said he pulled the bill with word that the federal government was planning to step in.

Known formally as Mitragyna speciosa, kratom is a tropical tree that is part of the broad family that includes the coffee tree. Kratom had a long history of use in Southeast Asian, where it was chewed, smoked or used in brewed tea to fight fatigue and for some religious ceremonies, federal agencies say.

The U.S. Drug Enforcement Administration calls kratom a "drug and chemical of concern." It's been found to provide an energy boost at low doses but sedative, opioid-like effects at higher ones.

The U.S. Food and Drug Administration officials said they have not approved any uses for the product and have received concerning reports about its safety.

They continue to warn people not to use any products labeled as being "kratom" or containing its psychoactive compounds, mitragynine and 7-hydroxymitragynine.

"The FDA is concerned that kratom appears to have properties that expose users to the risks of addiction, abuse and dependence," agency officials said in a statement.

C.M. "Mac" Haddow, a senior public policy fellow for the American Kratom Association, said the reason that the FDA and DEA haven't been able to regulate or ban kratom is that the science isn't supporting the dire warnings about the pure product.

The nonprofit advocates for kratom consumers and had a pre-meeting webinar and online sign-up form for people to prepare for the Ascension council meeting on Thursday.

The group disputes pure kratom works like an opioid. Haddow asserted that kratom adulterated with other drugs, like fentanyl, is what is causing problems. His association wants to see kratom regulated, he said, so vendors must meet production and quality standards.

Association officials noted that Oregon and Colorado have adopted versions of the group's model legislation this year.

"Many others are actively considering this legislation, which is critical to protect consumers from bad actors and to further research efforts on kratom," said Nicole Dascenzo, an association spokeswoman.

Haddow said the new parish law will only serve to drive Ascension residents to the Internet for kratom, raising the risk of adulterated product, and away from more reputable vendors they've grown the trust.

Email David J. Mitchell at [email protected].