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 to keep the products out of the hands of children without hindering local retailers.

Council members first talked about the topic in January when Police Chief Eric Blowers proposed banning the products, prohibiting their sale at all stores within city limits.

But this week, Blowers submitted a revised ordinance that creates a new chapter of city code to allow for better enforcement and regulation of the products in Batavia stores rather than ban them.

While hemp is federally legal, Kratom is illegal in several states. Blowers said at least 20 Batavia businesses sell some version of the identified products.

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.”

However, the original amendment was negatively received by council members. They had concerns about how the code would be enforced. In addition, 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 during a Committee of the Whole meeting on Tuesday, May 27.

The new ordinance will not ban these products. However, it would 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.

Committee members unanimously recommended approval of the amendment. The city council expects to review the item on Monday, June 2.