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AI- 17895   7.    
Broward County Commission Public Hearing
Meeting Date: 10/28/2014  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Requested Action
MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:
 
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO DISTRIBUTION OF KRATOM; AMENDING CHAPTER 8½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"), PERTAINING TO CIVIL PENALTIES; AMENDING SECTION 20-13 OF THE CODE TO PROHIBIT THE SALE, GIVING AWAY, OFFER OR ADVERTISEMENT FOR SALE, OR PUBLIC DISPLAY FOR SALE, OF KRATOM; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEIZURE BY LAW ENFORCEMENT PERSONNEL; PROVIDING FOR PENALTIES; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
 
 (Sponsored by Commissioner Kristin Jacobs and Commissioner Dale V.C. Holness)

 
ACTION:  (T-2:17 PM)  Following Board discussion, Commissioner Jacobs requested the item be continued to allow staff to investigate available information including the input received  from interested parties that had contacted the county regarding this issue. (See Purple-Sheeted Additional Material, dated October 28, 2014, submitted at the request of Commissioner Jacobs and County Administration.) (Refer to minutes for full discussion.)

VOTE: 9-0.
Why Action is Necessary
A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of October 14, 2014.
What Action Accomplishes
Amends the Code of Ordinances to prohibit the sale, giving away, offer or advertisement for sale, or public display for sale, of kratom and to provide penalties for violations thereof.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
At the October 7, 2014, Commission meeting, the Board of County Commissioners directed the Office of the County Attorney to draft an amendment to the Code to prohibit the sale, giving away, offer, or advertisement for sale, or public display for sale, of kratom (mitragyna speciosa).
 
Kratom, a tropical tree indigenous to Thailand, Malaysia, Myanmar, and other areas of Southeast Asia, is used as an herbal drug that produces stimulant and hallucinogenic effects at various doses.  Due to its psychotropic and addictive nature, the U.S. Army and Navy banned the use of kratom, and the Drug Enforcement Agency has placed kratom on the DEA watch list.  In February 2014, the Food and Drug Administration (FDA) issued an alert that permits the FDA to detain products which contain ingredients that are found in kratom. 
 
According to the FDA, consumption of kratom can lead to a number of health problems, including respiratory depression, nervousness, agitation, aggression, sleeplessness, hallucinations, delusions, loss of libido, tremors, skin hyperpigmentation, nausea, vomiting, constipation, and severe withdrawal signs and symptoms.  Despite its dangers, kratom is promoted as a legal psychoactive product.
 
As a result of the dangers associated with kratom use, numerous other counties, municipalities, and states are taking action to prohibit or restrict the sale of kratom due to its potential health effects. Kratom poses public health, safety, and welfare issues for the County and it is, therefore, necessary to identify and control this substance that mimics illegal drugs.

At the direction of the Board, County staff will provide as additional material, further information regarding kratom.

Fiscal Impact
Fiscal Impact/Cost Summary:
Fiscal Impact Statement by Office of Management and Budget attached as Exhibit 2.
Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement
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