As of Thursday, a permanent ban on synthetic versions of the Asian herb kratom is in place in Ohio. But many medical experts and state lawmakers say all forms of kratom are dangerous and can even be deadly, though people who use it claim it helps them manage pain without opioids or other drugs.
Synthetic kratom has been sold at gas stations, vape shops and convenience stores. The permanent ban on synthetic kratom comes from a rule set by the Joint Committee on Agency Rule Review, known as JCARR, following a hearing in April. Troy mayor Robin Ota spoke to the lawmakers on that panel at the hearing.
“We are anxious to have this eliminated from the state of Ohio. I want it eliminated for my community. We are seeing the damage every day," Ota said. "It's a destructive machine in our community. We get phone calls from families who are asking us to do something, and we have to tell them right now we can't. We're waiting on the state. I want to see the state of Ohio take the lead on this."
The rule from JCARR replaces a temporary ban in an executive order signed by Gov. Mike DeWine in December. It was set to expire in June.
There was no one advocating on behalf of kratom retailers or manufacturers at that hearing. But the industry has advocated for itself at the Statehouse, including those who argued for regulation, not prohibition.
At a hearing before the House Agriculture Committee in March, Tom Beckham with the pro-kratom 7 Hope Alliance said banning something people in pain rely on won’t end the demand for it, and instead will build up a completely unregulated black market.
"Prohibition is not a public health strategy," Beckham said. "When you remove a lower risk product from the community that still has pain and still has demand the demand doesn't disappear. It relocates to untested, unregulated or illicit alternatives where the real dangers live."
There are bills that would put more regulations on all forms of kratom. Lawmakers have long said they struggle with keeping up with the rapid evolution of synthetic substances.
“When it comes to these synthetic compounds, it's like we're playing whack-a-mole," said Rep. Sean Brennan (D-Parma) at the JCARR meeting in April. "We ban one and they create another. We ban that one. They create another."
The Board of Pharmacy is considering extending the ban to natural kratom too.