Ephrata council votes to ban local kratom sales, distribution

EPHRATA — Ephrata city council members voted Wednesday to ban future advertising, sales or distribution of kratom products within city limits. The new ordinance is expected to take effect in September.

The council’s action followed a resolution adopted in May by the Grant County Board of Health that urged local governments to keep the products out of their communities and supported legislative action in Olympia that would ban them statewide.

Violations of Ephrata’s pending ordinance are considered civil infractions that carry fines — including a state surcharge — ranging from $248 for a first offense to nearly $1,300 for third and any subsequent offenses.  Businesses or retailers found in violation could also face revocation of their city-issued business license.

In a summary, city officials did acknowledge that banning sales and distribution of such products weighed public safety against potential adverse economic impacts to any local retailers, although the fiscal amount was not specified and likely undetermined.

Kratom products have typically been marketed as energy boosters and sold online, in gas stations, convenience stores, and smoke shops. In street slang, kratom is sometimes referred to as both “herbal speedball” and “gas station heroin.”

Kratom is a psychoactive substance derived from a tree native to Southeast Asia. Its leaves have long been used for their medicinal and stimulant properties. But the leaves can also be processed into powder form or an extract at higher concentrations. Whether natural or synthetic, the extracts can be a stimulant or produce opioid-like effects, depending on their potency, dosage, and the individual user. 

Local health officials say the products are often packaged and marketed to look like candy or sweet treats, which makes them potentially appealing and accessible to kids if there is no mandated minimum age for purchase. According to the health district, the Washington Poison Control Center has reported a significant increase in kratom-related calls involving children.

The U.S. Food and Drug Administration has warned consumers not to use kratom because of the risk of serious adverse effects, including liver toxicity, seizures, and substance use disorder. While banned in several states, kratom is not currently federally regulated — although a new proposal to do so in part was announced this week.

During last night’s council meeting, Grant County health officer Dr. Alexander Brzezny said kratom is an emerging public health threat with an estimated 13,000 overdoses reported nationwide last year and resulting in nearly 300 deaths.

Typically, the Ephrata council conducts two separate readings over a month-long span before adopting a new ordinance. But if members believe there is a compelling need, they have the option of expediting adoption with just one hearing, which occurred last night in a 6-1 vote. It was approved by council members Phil Borck, Kathleen Harris, Beau Lamens, James Mathis, Valli Millard, and Mike Warren.

With that vote, city officials initially indicated the new ban could take effect five days after a legal notice publication, which is expected next week. But they later clarified the ordinance will take effect 60 days after publication, which would be in early September.

In casting the dissenting vote, councilman Matt Moore said he did not necessarily oppose the measure, but he was hesitant to expedite its adoption without the city knowing more specifically what products could be subject to regulation and how the ordinance would be enforced.

City clerk Rob Miller and police chief Erik Koch indicated notifications will be sent to potentially affected local retailers to ensure they are aware of the ordinance prior to any enforcement efforts.

City attorney Anna Franz said the local ban will apply to any products containing kratom, whether in natural or synthetically-derived form.

Last month, Grant County commission chair Kevin Burgess said the county prosecutor’s office was also reviewing possible draft language for an ordinance which could place restrictions on products sold or distributed in unincorporated areas.

Certain other products — alcohol, tobacco, marijuana — now have statewide rules governing local retail sales, including age limits. And other municipalities have already enacted regulations regarding kratom products, including the cities of Cle Elum, Othello, Spokane, and Spokane Valley.

The enforcement challenge may be in identifying which products contain kratom as an ingredient, its potency, and whether it’s natural or synthetic.

On Wednesday, the U.S. Drug Enforcement Administration issued notices of intent to temporarily classify a concentrated kratom synthetic, 7-OH, and three related substances as Schedule I drugs under the federal Controlled Substances Act, placing those derivatives in the same category as heroin, LSD, and fentanyl.

But The New York Times reported that distinction may have political and financial undertones: some members of the Trump Administration have links to companies or donors who aggressively lobbied to only ban the synthetic versions of kratom as a way to pave more sales of rival botanic supplements. 

Meanwhile, Grant County Health District personnel suggest that parents talk with teens and youth regarding substance use and what to look for in products that look like treats or natural energy boosters. People should talk with their doctor if they need help with opioid addiction, anxiety, mood disorders, or pain.

“Kratom is not a safe or approved method for managing these symptoms and concerns,” the health district said.