The Iowa City Council on Tuesday will consider whether to ban the sale of kratom — an herbal substance that can produce opioid-like effects — and update the city’s zoning code as it relates to tobacco retailers.
In May, the council approved a moratorium on tobacco permits until Dec. 31 to give the city time to address the “increased presence” of tobacco and vape shops in the city. The proposed ban and zoning code changes are part of the council’s response to community concerns.
The proposed zoning code changes would prohibit new tobacco retailers from opening within 500 feet of a school or university/college property, or other tobacco retailers.
At one point in recent months, the city council was considering limiting the number of tobacco permits in the city, but decided not to move forward with it as there were concerns about a cap’s efficacy and the logistics of enforcing it.
To adopt ordinance changes, the council must vote on them at least twice, at two separate meetings. At most, the changes would require three separate readings.
Kratom is a tropical tree native to Southeast Asia whose leaves can be crushed and smoked, or brewed as a tea. Kratom can produce stimulant or sedative effects depending on its dosage. In the United States, kratom is most commonly available in capsule form.
Under the proposed amendments, it would be unlawful to sell any kratom product in Iowa City. The ordinance also would ban the advertising or distribution of any kratom product, either directly or indirectly.
Violating the ordinance would be considered a simple misdemeanor or a municipal infraction, with a civil penalty of $750 for a first offense, and $1,000 for additional offenses.
It still would be legal to possess and consume kratom within city limits.
Kratom is banned in six U.S. states (Arkansas, Alabama, Indiana, Rhode Island, Vermont, Wisconsin) and is classified as a “drug and chemical of concern.”
There was an attempt at the state level to ban kratom in 2014, though it was unsuccessful.
Kratom is not approved by the FDA for medical use and is not controlled by the Controlled Substances act.
“The fact that it's not regulated under the Controlled Substances Act means that and it's not approved by the FDA, means that you don't have a whole lot of control, necessarily, over the quality of the product that you're getting,” said Becky Connelly, prevention specialist at Community and Family Resources, an addiction treatment center in Iowa City.
Connelly said there are concerns about the potential for kratom to become addictive when used at high dosages.
However, proponents of kratom say when consumed responsibly it’s no more addictive than a daily cup of coffee and it has the potential to be an alternative to opiates or other addictive pain killers.
The Global Kratom Coalition, which advocates for access to “safe and responsibly sourced kratom products,” said in an email to The Gazette that it would like the Iowa City Council to consider consumer protections rather than an outright ban on kratom.
A petition on change.org has been signed by more than 475 people who oppose a kratom ban in Iowa City. It is unclear how many of the people who’ve signed the online petition are Iowa City residents.
The proposed zoning code changes are modeled after the city’s alcohol zoning policy. Venues selling alcohol for on-premises consumption (bars or restaurants) must have a 500-foot separation from each other. Businesses selling alcohol for consumption off premises must be separated by 1,000 feet.
If the zoning code changes are enacted, tobacco and vape shops would not be allowed within 500 feet of a school or university/college property. Additionally, a 500-foot separation would be required between retailers selling tobacco.
City staff have noted that a 500 foot separation between retailers would likely bar any new tobacco retailers in the downtown area.
Any retailer with an existing permit would be allowed to continue operating. However, a retailer with a “grandfathered” permit would have 60 days for its permit to lapse.
This means that if a location with a tobacco permit were to cease selling tobacco for more than 60 days, the retailer would lose grandfather rights.
The Iowa City Planning and Zoning Commission approved the zoning code changes 5-1 prior to sending them to the council.
In earlier work sessions, the city council seemed to be in agreement about the 500-foot separation between tobacco retailers and school or university/college property. Council members were still considering whether they wanted to move forward with the 500-foot separation between retailers.
“It creates all kinds of weird distortions that I think that we can achieve our goals without that piece of it,” Council member Josh Moe said at an August work session.
www.thegazette.com
In May, the council approved a moratorium on tobacco permits until Dec. 31 to give the city time to address the “increased presence” of tobacco and vape shops in the city. The proposed ban and zoning code changes are part of the council’s response to community concerns.
The proposed zoning code changes would prohibit new tobacco retailers from opening within 500 feet of a school or university/college property, or other tobacco retailers.
At one point in recent months, the city council was considering limiting the number of tobacco permits in the city, but decided not to move forward with it as there were concerns about a cap’s efficacy and the logistics of enforcing it.
To adopt ordinance changes, the council must vote on them at least twice, at two separate meetings. At most, the changes would require three separate readings.
Kratom ban
Kratom is a tropical tree native to Southeast Asia whose leaves can be crushed and smoked, or brewed as a tea. Kratom can produce stimulant or sedative effects depending on its dosage. In the United States, kratom is most commonly available in capsule form.
Under the proposed amendments, it would be unlawful to sell any kratom product in Iowa City. The ordinance also would ban the advertising or distribution of any kratom product, either directly or indirectly.
Violating the ordinance would be considered a simple misdemeanor or a municipal infraction, with a civil penalty of $750 for a first offense, and $1,000 for additional offenses.
It still would be legal to possess and consume kratom within city limits.
Kratom is banned in six U.S. states (Arkansas, Alabama, Indiana, Rhode Island, Vermont, Wisconsin) and is classified as a “drug and chemical of concern.”
There was an attempt at the state level to ban kratom in 2014, though it was unsuccessful.
Kratom is not approved by the FDA for medical use and is not controlled by the Controlled Substances act.
“The fact that it's not regulated under the Controlled Substances Act means that and it's not approved by the FDA, means that you don't have a whole lot of control, necessarily, over the quality of the product that you're getting,” said Becky Connelly, prevention specialist at Community and Family Resources, an addiction treatment center in Iowa City.
Connelly said there are concerns about the potential for kratom to become addictive when used at high dosages.
However, proponents of kratom say when consumed responsibly it’s no more addictive than a daily cup of coffee and it has the potential to be an alternative to opiates or other addictive pain killers.
The Global Kratom Coalition, which advocates for access to “safe and responsibly sourced kratom products,” said in an email to The Gazette that it would like the Iowa City Council to consider consumer protections rather than an outright ban on kratom.
A petition on change.org has been signed by more than 475 people who oppose a kratom ban in Iowa City. It is unclear how many of the people who’ve signed the online petition are Iowa City residents.
Tobacco permit zoning code changes
The proposed zoning code changes are modeled after the city’s alcohol zoning policy. Venues selling alcohol for on-premises consumption (bars or restaurants) must have a 500-foot separation from each other. Businesses selling alcohol for consumption off premises must be separated by 1,000 feet.
If the zoning code changes are enacted, tobacco and vape shops would not be allowed within 500 feet of a school or university/college property. Additionally, a 500-foot separation would be required between retailers selling tobacco.
City staff have noted that a 500 foot separation between retailers would likely bar any new tobacco retailers in the downtown area.
Any retailer with an existing permit would be allowed to continue operating. However, a retailer with a “grandfathered” permit would have 60 days for its permit to lapse.
This means that if a location with a tobacco permit were to cease selling tobacco for more than 60 days, the retailer would lose grandfather rights.
The Iowa City Planning and Zoning Commission approved the zoning code changes 5-1 prior to sending them to the council.
In earlier work sessions, the city council seemed to be in agreement about the 500-foot separation between tobacco retailers and school or university/college property. Council members were still considering whether they wanted to move forward with the 500-foot separation between retailers.
“It creates all kinds of weird distortions that I think that we can achieve our goals without that piece of it,” Council member Josh Moe said at an August work session.
Iowa City to consider Kratom ban, tobacco retailer restrictions
The Iowa City Council on Tuesday will consider whether to ban the sale of kratom — an herbal substance that can produce opioid-like effects — and update the city’s zoning code as it relates to tobacco retailers.
www.thegazette.com
