For More Information Contact:
Yvette Valdés Smith, Chair of the Dutchess County Legislature
yvaldessmith@dutchessny.gov
(845) 486-2112
The Dutchess County Legislature has put forward a local law to ban the sale and distribution of concentrated and synthetic 7-hydroxymitragynine (7-OH) products, the potent, lab-enhanced kratom derivatives increasingly sold in gas stations, convenience stores, and smoke shops, often in candy-like packaging. The measure targets the dangerous concentrates and lab-made analogs while preserving the right of adults to access natural kratom leaf for its traditional uses.
The law prohibits products that exceed a defined 7-OH concentration threshold, and it separately bans the named synthetic derivatives (MGM-15, MGM-16, and mitragynine pseudoindoxyl) along with any future structural analogue designed to skirt the rules. It carries strict liability and escalating, per-sale civil penalties, and it reaches out-of-county and online sellers who ship these products to a Dutchess County address.
*Smarter, better, and stronger. Dutchess County Executive Sue Serino’s proposal would have banned all kratom outright, including the natural leaf that many adults use responsibly. The Legislature’s Resolution, by contrast draws a sharp, defensible line between the traditional plant and the predatory, high-potency concentrates driving dependence and overdose and then hits those concentrates harder than the CE proposed. Rather than a flat fine, the new proposed law adds strict liability, escalating penalties for repeat offenders, a separate violation for every unit sold, and jurisdiction over online sellers shipping into the County. It is a scalpel where the first attempt was a sledgehammer, more likely to survive legal challenges and far more effective at getting the genuinely dangerous products off local shelves.
“For too long, chemically supercharged kratom has hidden behind a ‘natural’ label while acting like an opioid. We are banning the dangerous concentrates and the lab-made analogs, not criminalizing the responsible adult who chooses the natural leaf. That is the difference between a slogan and a law that actually works,” said Assistant Majority Leader Kristofer Munn (Red Hook).
"Our responsibility is to respond to emerging public health threats before they become larger crises. This focuses on the most dangerous concentrated and synthetic kratom products and gives our County Health Department the tools to enforce those protections. I believe this strikes the right regulatory approach," said Legislator Trevor Redl (Poughkeepsie).
“This law takes a meaningful step in the right direction by expanding on existing state law, which currently applies only to individuals under 21. Eliminating the sale and distribution of products with high concentrations of 7-hydroxymitragynine – levels typically found in synthetic kratom products - is necessary to ensure the safety of our residents. I am proud to sponsor this resolution because it addresses serious warnings from healthcare professionals, protects our residents, and allows for responsible access to the natural kratom leaf,” said Legislator Lisa Kaul (Poughkeepsie).
Kratom (Mitragyna speciosa) is a tropical tree in the coffee family, native to Southeast Asia, whose leaves have been chewed or brewed for centuries for energy and pain relief. Its leaves contain two compounds of note, mitragynine and 7-hydroxymitragynine (7-OH), that act on the brain’s opioid receptors. In the natural leaf, 7- OH occurs only in trace amounts.
The current danger is a different product entirely. Manufacturers now chemically concentrate or synthesize 7- OH to potencies far beyond anything found in the plant, then sell it as shots, gummies, tablets, and pressed pills - products nicknamed “gas station heroin.” Because they are marketed as “plant-based” and sold openly, many consumers believe they are taking something mild. In reality, concentrated 7-OH produces opioid-like effects and can cause tolerance, physical dependence, withdrawal, respiratory depression, and overdose.
Poison-center calls and adverse-event reports involving these products have climbed sharply. The U.S. Food and Drug Administration has approved no drug containing kratom and warns that it is not safe for use as a dietary supplement, citing risks including liver toxicity, seizures, and substance use disorder.
The DEA has recognized the threat. On July 1, 2026, the U.S. Drug Enforcement Administration announced its intent to temporarily place concentrated 7-OH (above a specified threshold), together with three synthetic derivatives, mitragynine pseudoindoxyl, MGM-15, and MGM-16, into Schedule I of the Controlled Substances Act, the same category as heroin and LSD, describing them as an emerging threat to public safety. Notably, that federal action is aimed at the concentrated and synthetic products; it does not target low-7-OH botanical kratom leaf.
Consistent with the federal approach, the new proposed law is aimed squarely at the concentrated and synthetic products, not at the plant. Responsible adults should retain the right to access natural kratom leaf for its traditional uses, including energy, focus, and pain management. The Legislature's proposed law rejects the idea that protecting the public requires prohibiting a botanical that adults have long used responsibly; the goal is to remove the predatory, high-potency derivatives from the shelf, not to police personal choice.
The local law is scheduled for consideration by the Government Services and Administration Committee on Thursday, August 6, 2026, with a full Legislature vote to follow
