Divided Iowa City Council moving toward kratom ban

IOWA CITY --- A divided Iowa City Council is moving closer to banning sales of kratom, an herbal substance that can produce stimulant or sedative effects depending on its dosage, even after two more votes opposed to the prohibition emerged this week.

Kratom most commonly is available in capsule form and is sold at various tobacco and vape shops throughout the city. At the council meeting Tuesday, members voted 4-3 in favor of the ban during the second of three considerations of the ordinance.

Mayor Bruce Teague and members Josh Moe, Shawn Harmsen and Mazahir Salih voted in favor of the ban. Members Megan Alter, Laura Bergus and Andrew Dunn dissented.

Previously, on first consideration, the council voted 4-1 in favor of the ban when Bergus and Dunn were absent. The ban must survive another vote before it is adopted.

Under proposed amendments, it would be unlawful to sell any kratom product in Iowa City. The ordinance also would ban the advertising or distribution of any kratom product either directly or indirectly. Violating the ordinance would be considered a simple misdemeanor or a municipal infraction, with a civil penalty of $750 for a first offense, and $1,000 for additional offenses.

It still would be legal to possess and consume kratom within city limits.

Dunn, who brought up the idea of banning kratom, said he’s changed his position after conversations with community members and other council members. Though Dunn voted against the ban, he acknowledged a lack of kratom safety standards is a concern.

“At that time I believed that if we can't go all the way and create the regulation that could be acceptable, than the alternative is a ban. I don't necessarily know that I believe that to be the case anymore,” Dunn said.

Bergus said that a ban feels like a “dramatic overreach” from the council, and enforcing it would take a lot of time from staff and police.

“The lack of evidence (about kratom’s safety), to me, says we are not the best people to be regulating this,” Bergus said.

Council members in favor of the ban have cited kratom’s potential to become addictive, and a lack of sufficient consumer protections and state regulations, as reasons for controlling its sale.

Kratom is not approved by the Food and Drug Administration for medical use and also is not controlled under the federal Controlled Substances Act.

Harmsen has said advertising of kratom is a driving factor in his support of the ban.

“From like a public health standpoint … thinking about the impact of not just the substance, but the marketing of the substance being so prevalent in our community and all these places that sell tobacco … those are actually pretty grave concerns for me,” Harmsen said.

Harmsen and Moe, who also supported the city ban, said they would be open to reconsidering if there was action on the state or federal level to regulate kratom.

The potential ban brought attention from people around the nation, with people from states including Colorado, Tennessee, Virginia and Michigan all speaking virtually to the council during public comment. But the speakers were mixed in their support of a ban.

Comments: megan.woolard@thegazette.com