Senate Bill S8925A

                                 
BILL NUMBER: S8925

SPONSOR: RYAN C
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting the
sale of 7-hydroxymitragynine products

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 clarifies the definition of "7-hydroxymitragynine products" as
any finished good that contains 7-hydroxymitragynine at a level that
exceeds 2% of total alkaloids or 1 mg per serving. This section further
states that any business entity that knowingly violates the provisions
of this section will be subject to a civil penalty of not more than
three thousand dollars for a first violation, and sixty-five hundred
dollars for each following violation. All capital gained from the civil
penalties will be deposited in the New York State Drug Treatment and
Public Education Fund.

Section 2 states that this act will take effect on the ninetieth day
after it shall become a law.

              

 
PURPOSE AND JUSTIFICATION:

In July of 2025, the FDA implemented warnings over the recent sale and
usage of 7hydroxymitragynine products (7-OH) derived from Kratom, an
herbal substance originating from Southeast Asiai. 7-OH is a concen-
tration that acts as an opioid, providing effects like pain relief, mood
enhancement, and sedation. While 100% natural Kratom products contain
7-OH at levels that are less than or equal to 2% of total alkaloids,
synthetic products that can be purchased at gas stations and smoke shops
that have much higher levels of 7-0H2.

7-OH is approximately 13 times more potent than morphine, making it one
of the most powerful naturally occurring opioid-like compounds.  As
such, 7-OH has been abused for its properties with side effects includ-
ing addiction, anxiety, depression, seizures, and severe withdrawal. Due
to almost no regulation and easy access for consumers, 7-OH products
have become widespread throughout New York State, increasing addiction
rates and threatening the residents of New York.

To address this issue, this legislation would ban the sale and distrib-
ution of 7-OH products. All business entities found to be knowingly
selling 7-OH products will be subject to a civil penalty of not more
than $3,000 for a first violation and $6,500 for each subsequent
violation. The civil penalties will be deposited into the New York State
Drug Treatment and Public Education Fund. Alabama, Arkansas, Colorado,
Indiana, Mississippi, Vermont and Wisconsin all have passed legislation
that would ban the sale of 7-0H3. On September 22nd, Dr. Michael White,
a department head at the University of Connecticut School of Pharmacy
and chair of the Kratom Consumer Advisory Council, recommended that New
York State take this action during an episode of the Capitol Pressroom.

 
LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:
The civil penalties will be deposited into the New York State Drug
Treatment and Public Education Fund.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it becomes law.