Iowa City to indefinitely defer proposed kratom ban

IOWA CITY — The Iowa City Council, which has voted twice to approve readings of an ordinance that would ban the sale of kratom in town, on Monday voted to defer a third vote, opting instead to put the issue on its list of priorities for the Iowa Legislature to address.

The council voted 6-1 to indefinitely defer a third vote on the proposed ordinance. Council member Shawn Harmsen dissented.

Council members did not identify a clear timeline for when — or if — the ban would be reconsidered.

The discussion about banning kratom — an herbal substance that can produce stimulant or sedative effects depending on its dosage — has divided the council for weeks.

The council voted 4-3 in favor of the ban on Oct. 15. Mayor Bruce Teague and council members Josh Moe, Harmsen and Mazahir Salih voted in favor of the ban. Members Megan Alter, Laura Bergus and Andrew Dunn dissented.

An earlier reading — on Oct. 1 — passed by a vote of 4-1. Teague, Moe, Harmsen and Salih voted in favor, while Alter voted against it. Bergus and Dunn were absent.

While all council members agree the lack of regulations on the sale of kratom in Iowa is a concern, those opposed to the ban have argued the city is not the entity that should be regulating it.

There are currently no age limits to purchase kratom. The substance is not approved by the Food and Drug Administration for medical use and also is not controlled under the federal Controlled Substances Act.

The majority of council members indicated they still stand by the position they took on the second reading of the proposed ordinance Oct. 15.

Teague, who voted in favor of the ban, proposed deferring the third reading of the ordinance. He said council members for and against the ban made relevant points for their position, and that made it difficult to decide whether or not to support a ban.

Alter and Bergus, who have been firmly opposed to the kratom ban, said they voted in favor of the deferral to prevent a ban from going into effect.

Other council members who have supported a ban said they want to keep kratom education and advocacy at the forefront of their work amid the deferral.

“I feel like we should do something, said Moe. ”There are people who use this who are at huge risk of getting something that’s not what they think it is. This is a real risk in our community and we need to do something about it. If that means temporarily shifting to working at the state level then I would support that.“

Harmsen said the lack of regulation and the prevalence of kratom advertising were factors in his decision to support the ban and to vote against deferring the third reading.

“I still think there is public health value in not allowing the sale of this, which is also not allowing the marketing of this in our community,” he said.

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.

Proposed ban would have prohibited sale, not possession

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.

Comments: megan.woolard@thegazette.com