Iowa City takes first step in banning kratom, regulating tobacco permits

IOWA CITY — The Iowa City Council has not fully agreed on the next steps it should take in the midst of a tobacco permit moratorium that city leaders hope will address the “increased presence” of tobacco and vape shops in the city.

Council members unanimously agree on proposed zoning code changes that would prohibit new tobacco retailers from opening within 500 feet of a school or university/college property and other tobacco retailers.

However, council members disagree on a proposal to ban kratom, an herbal substance that can produce stimulant or sedative effects depending on its dosage. Kratom is most commonly available in capsule form and is sold at various tobacco and vape shops throughout the city.

Mayor Bruce Teague and council members Josh Moe, Shawn Harmsen and Mazahir Salih all voted in favor of the kratom ban Tuesday, while Megan Alter dissented.

Council members Andrew Dunn and Laura Bergus were not present at the city council meeting and did not vote.

To adopt ordinance changes, the council must vote at least twice, at two separate meetings. At most, the changes would require three separate readings.

Kratom ban

Under the 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.

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

Kratom is banned in six U.S. states (Arkansas, Alabama, Indiana, Rhode Island, Vermont, Wisconsin) and is classified by the U.S. Drug Enforcement Administration as a “drug and chemical of concern.”

There was an attempt in the Iowa Legislature to ban kratom in 2014, though it was unsuccessful.

Kratom is not approved by the FDA for medical use and is not controlled by the Controlled Substances Act. City council members who voted in favor of the ban cited kratom’s potential to become addictive and lack of sufficient consumer protections and state regulations as their reasons for wanting to control its sale.

“(Kratom) seems to benefit people … but it sounds a lot like other pain relievers we have recent history with, specifically opioids, where it might help you with pain, but then you might need more and more. It seems real problematic to have it completely unregulated …,” council member Moe said at Tuesday’s meeting.

Moe said he’d be open to lifting an Iowa City ban if there were actions at the state level to regulate kratom and its sale.

Harmsen said a ban would prohibit regular advertising that helps to normalize kratom.

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“There’s so many reasons from a public health perspective, and wanting to not have (kratom) be promoted in front of kids … that I am comfortable supporting this ban and I think it is in the public health interest of our city,” Harmsen said Tuesday.

Salih said the lack of age requirements to purchase kratom in Iowa makes it “very dangerous” and was part of her reasoning behind supporting the ban.

Alter, the only present council member to dissent, said it was out of line for the city to ban kratom for public health reasons when it’s legal under state law.

“We are not a medical body, even though we have done due diligence, I don’t think that we are in a position to say we will ban kratom when we are also allowing cigarettes, tobacco and alcohol,” Alter said.

While Alter voted against the ban, she said she would be open to more conversations about age restrictions and what the implications of a ban would be.

Public comments at the meeting were mixed, with some people in favor of the ban, while others suggested more regulation as opposed to a ban.

Tobacco zoning code changes

The proposed changes to Iowa City’s zoning code as it relates to tobacco retailers are modeled after the city’s alcohol zoning policy. Venues selling alcohol for on-premises consumption (bars or restaurants) must have a 500-foot separation from each other. Businesses selling alcohol for consumption off premises must be separated by 1,000 feet.

Under the proposed changes, tobacco and vape shops would not be allowed within 500 feet of a school or university/college property. Additionally, a 500-foot separation would be required between retailers selling tobacco.

City staff have noted that a 500-foot separation between retailers would likely bar any new tobacco retailers in the downtown area.

Any retailer with an existing permit would be allowed to continue operating in its current location even if it violates the new zoning code. Retailers with grandfather rights would be allowed a 60-day permit lapse.

All council members present at Tuesday’s meeting voted in favor of the zoning code changes, though the council did not fully agree on the length of time grandfather rights should be preserved in the event tobacco sales at a location cease.

An initial draft of the proposed ordinance would have allowed a tobacco retailer to stop selling tobacco for 90 days and still keep its grandfather rights. That part of the ordinance was amended to allow a one-year lapse in sales. It passed in a 3-2 vote, with council members Josh Moe and Shawn Harmsen dissenting. Moe and Harmsen said a 90-day period was sufficient for existing retailers.

Comments: megan.woolard@thegazette.com