Merrimack town councilors on Oct. 22 heard public testimony on a proposed ordinance that would restrict the sale of kratom and semisynthetic derivatives in the town as state and federal action remains uncertain.
What councilors heard
At a public hearing, a nonresident and business owner urged councilors to adopt limits on product strength and to remove semisynthetic and synthetic products from the market. Brett Scott, owner of Smoker’s Haven, said he supports local limits and urged Merrimack to follow federal action if it comes.
“What Merrimack does will absolutely set a precedent throughout the state and beyond, and I want to make sure it’s right,” Brett Scott said. “I believe that the right thing is to follow what the fed is doing, and it can serve as a backstop. It’s very likely that the fed’s action is going to take effect on Nov. 13, but if it does not, then that is in place.”
Town Council Chair Nancy Harrington told councilors the panel had received seven emails on the proposed ordinance, including one from Scott. Testimony ranged from calls for a blanket ban to more nuanced suggestions limiting certain products.
Local precedents and enforcement questions
Prevention, Enforcement and Treatment Officer Justin Agraz briefed the council on other New Hampshire municipalities that have enacted prohibitions or restrictions. Agraz said Nashua, Franklin and Lancaster have ordinances with differing fine structures.
- Nashua: fines ranging from $50 per day to $250 per day, Agraz said.
- Franklin: a flat $1,000 fine per day, according to Agraz.
- Lancaster: bans sale of any psychoactive substances with a $1,000 fine per day for violations, Agraz said.
Agraz said Merrimack would be only the fourth New Hampshire municipality to adopt an ordinance restricting or banning kratom or semisynthetic derivatives if councilors approve the proposal.
Next steps
Councilors are weighing the ordinance language and the structure of graduated fines. The town has received public input both from local residents and from out-of-state correspondents, Harrington said. The council did not adopt the ordinance at the Oct. 22 hearing; further consideration and possible revisions were expected at subsequent meetings.
The matter comes amid uncertainty about possible federal action. Scott told the council he expects federal action to take effect on Nov. 13, but urged Merrimack to have local rules in place if the federal change does not occur.
