MIAMI — Manatee could become the second county in Florida to ban kratom and other designer drugs.

Sarasota County approved a ban in 2014. While kratom was already restricted to adults over 21, an emergency statewide order last month banned one of the chemical compounds found in kratom.

Last Tuesday, Manatee Commissioner Amanda Ballard proposed that county staff research a similar ordinance to Sarasota County’s and return with more information, including a draft ordinance. The motion passed 4-3 with commissioners George Kruse, Bob McCann and Jason Bearden dissenting.

Ballard suggested the county pursue an ordinance completely banning kratom and other designer drugs, like synthetic cannabis. Including “designer drugs” creates a broader ban on these types of substances and different types of kratom.

What is kratom?

Kratom is a tropical tree native to Southeast Asia, and its leaves are used to create products that some say help treat pain, anxiety, depression and help with opioid withdrawal. Products containing kratom are commonly found in smoke or vape shops.

According to the Drug Enforcement Administration, kratom can be a stimulant when used in low doses, increasing alertness and physical energy. At higher doses, kratom can be used as a sedative and potentially cause psychosis.

While some claim that kratom products have medical benefits, the Food and Drug Administration (FDA) has not approved prescription or over-the-counter drugs containing kratom or it’s main chemical compound, 7-hydroxymitragynine (7-OH).

The FDA also warns the public against the use of kratom for medical purposes and states that kratom poses risks like liver toxicity, seizures and substance use disorder.

According to a 2023 report by the Tampa Bay Times, there have been 533 multi-substance overdoses involving kratom and 46 kratom-only overdoses in Florida over the past decade.

What would a county-level ordinance change?

In August, Attorney General James Uthmeier filed an emergency rule to remove 7-OH from stores and classified it as a controlled substance in Florida. 7-OH is a natural chemical compound found in the kratom plant.

Classifying 7-OH as a Schedule 1 substance puts it in the same category as heroin, LSD and fentanyl. This means they are substances with a high potential for abuse without accepted medical uses.

Sarasota County’s ordinance regulates the sale and use of “designer drugs and misbranded consumer commodities.” Designer drugs include kratom and synthetic cannabis, also known as K2 or Spice. It also includes any iterations of kratom, some of which could be made without 7-OH.

If adopted in Manatee County, the ordinance will align with Sarasota County’s ordinance by banning designer drugs and derivatives of kratom. While the state’s recent order bans 7-OH from shelves, other derivatives of kratom could be made without 7-OH.

“By simply changing the formula for the drug ever so slightly, the manufacturers of these drugs are able to evade prosecution by state and federal authorities,” County Attorney Pamela D’Agostino said.

Local law enforcement shows support

Ballard said she realized how unregulated kratom was in Manatee County after discussions with Judge Lon Arend from Manatee County’s drug court.

“The effects that we’re seeing, according to drug court, are really significant withdrawal symptoms, really significant issues with major physical addiction to this stuff,” Ballard said.

This led her to talk to representatives from the state attorney’s office, judges and law enforcement about adopting an ordinance in Manatee County.

Anyone who violates the ordinance can receive misdemeanors with fines or jail time.

“It’s battle-tested. It’s done very, very well,” Ballard said about Sarasota County’s ordinance.

Attached to the agenda for Tuesday’s meeting were letters of support from Sheriff Rick Wells of the Manatee County Sheriff’s Office and the City of Bradenton Police Chief Josh Cramer.

Wells said he strongly supports an ordinance that would be aligned with Sarasota County’s to create a streamlined enforcement across county lines.

“These substances are often marked as legal alternatives to controlled drugs, yet they carry serious risks including addiction, unpredictable psychoactive effects and dangerous interactions with other substances,” Wells said in the letter. “As a law enforcement professional, I have witnessed firsthand the impact these substances have on individuals, families and our community.”

Cramer also showed support for the ordinance and the possibility of enforcement throughout Manatee County, not just in the unincorporated areas.

“Not restricting the ordinance to only the unincorporated parts of Manatee County will allow my officers to ensure that these Kratom products are not being distributed within the City of Bradenton,” Cramer said. “I stand in full support of the implementation of an ordinance for the regulation of Kratom.”

Others argue against a kratom ban

Two residents sent public comments ahead of Tuesday’s meeting, both describing how kratom positively impacted their lives.

One of the residents, Misty Brown, said she was addicted to pain killers, then turned to cocaine after she was refused chronic pain management. Then, in 2019, she tried kratom and it changed her life by helping her get off drugs.

“I am a functioning member of society again. I am a thriving mother again. I pay taxes again. I am no longer a burden to my kids. I am now a first-time grandma. I will forever be grateful and thankful that I accidentally found lab-tested, whole-leaf powder Kratom,” Brown said in her comment.

Another resident shared how she also was on chronic pain medication until finding kratom, which gave her a second chance in life.

Commissioners briefly discussed Ballard’s motion, which was to direct staff to conduct further research on an ordinance. Commissioner Tal Siddique said he felt it was worth pursuing more research as a first step, but Kruse and Bearden spoke in opposition of the ordinance.

“I think that this is more of a bias-type of decision whether or not someone should have this particular drug or not,” Bearden said. “I think that maybe this is kind of premature. I think we need to do a little bit more analysis and maybe we need to find somebody who has some sort of study that we can go by.”

Kruse argued that since it’s already age-restricted by the state, he did not see the need to further regulate the substances.

“It’s legal. It’s already restricted to people over the age of 21,” Kruse said. “I’m not going to run around banning 21-year-old adults from having their own personal liberties to make their own choices. I’m not saying there’s not validity to it…but that’s just my personal belief.”

Despite the arguments against a ban, the motion passed 4-3 directing county staff to conduct more research on a possible ordinance.

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