Batavia reconsiders restricting Kratom, synthetic hemp sales in the city

For the second time this year, Batavia City Council members discussed amending the city code to limit the sales of Kratom, synthetic hemp and THC derived products within city limits.

Originally proposed as an all-out ban, the city is now considering less invasive regulations aimed at keeping the products out of the hands of children without hindering local retailers.

Council members first discussed the topic in January when Police Chief Eric Blowers proposed banning the products, prohibiting their sale at all stores within city limits and imposing fines of up to $500 per day for businesses in violation.

After missing the mark the first time around, Blowers submitted a revised ordinance this at the May 27 Committee of the Whole meeting that creates a new chapter of city code to allow for better enforcement and regulation of these products in Batavia stores rather than ban them completely.

While hemp is federally legal, Kratom is illegal in several states including Wisconsin and Indiana. Blowers said at least 20 Batavia businesses sell some version of the identified products, including bars, restaurants, smoke and vape shops, health and wellness centers, grocery stores and gas stations.

Blowers said while cannabis sold through licensed cannabis dispensaries is required to obtain laboratory testing to ensure they aren’t contaminated, Kratom and hemp-derived THC products have no such requirements and have no age restrictions for purchase.

According to Blowers, the ban would “improve public safety and limit the accessibility of these unregulated, potentially untested products to young people.”

The original amendment was negatively received by Council members who tabled the item at their Jan. 28 Committee of the Whole meeting after concerns were raised during the committee’s discussion as well as over an hour of public comments from residents and local retailers.

Council members had concerns about how the code would be enforced, residents raised safety concerns and retailers said the ordinance infringed on their rights to sell their products.

After working with local retailers like Urban Apothecary owner Cheryl Cryer to rework the ordinance, Blowers submitted a revised amendment that was reviewed at the May 27 meeting.

The new ordinance would not prohibit the sale of these products outright, but rather enforce limits on their sale, age restrictions, stricter packaging requirements and storage policies.

As proposed, the code amendment would prohibit packaging that appeals to children and enforce the same 21-and-older age restriction that dispensaries and tobacco products have. Those found in violation would face fines of $750 per day and risk having their licensing suspended or revoked.

During public comment, Cryer thanked the council members and Blowers for postponing the discussion in January and taking the time to rethink it. She said the new ordinance was “the absolute best possible outcome.”

Committee members recommended approval of the amendment in an unanimous vote.

The item is expected to be reviewed next at the June 2 City Council meeting for possible final approval.