Original Sent September 2025 to City of Wayne Council and City Council
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Dear City Clerk,
Please submit this item into the official record for the next City Council meeting. Thank you so much.
To the City Council:
As the council now looks into the public health impacts of unregulated kratom sales, I am resubmitting the comprehensive regulatory framework and draft resolution I originally provided to this body in September 2025. Given that neighboring municipalities and the state legislature have recently enacted or advanced similar protections, Wayne is well-positioned to finally act on these ready-made options.
Below is my original communication from September 2025, followed by a 2026 Addendum with an updated, actionable resolution reflecting current regional progress.
--- ORIGINAL MEMO (SUBMITTED SEPTEMBER 2025) ---
Hello Council,
Kratom is a serious threat to the health of our citizens.
An undisclosed group worked closely with lobbyists and were able to get the Michigan State House of Representatives and the Michigan State Senate to approve it as a 'food supplement'.
Below is more about Kratom - which can be found for sale in the City of Wayne.
As of September 2025, Kratom (Mitragyna speciosa) remains legal to buy, possess, sell, and consume statewide, with no minimum age requirement or specific regulations on sales, labeling, or testing. This creates a "gray area" where kids can easily obtain it from gas stations, smoke shops, or convenience stores, as there's no state enforcement for age checks or product safety. Proposed state bills like HB 4061 (the Kratom Consumer Protection Act) aimed to impose age limits (21+), licensing, and testing but have not passed, leaving local governments like Wayne's City Council with limited options for binding rules.
Under Michigan's Home Rule City Act (MCL 117.1 et seq.), Wayne can enact ordinances for public health and safety, but direct regulation of Kratom sales or possession risks legal challenges due to its classification as a food/supplement (per the Michigan Food Law, 2000 PA 92) and lack of state preemption clarity. Nearby examples include Warren (drafting an ordinance to limit sales/possession of Kratom and synthetic variants like 7-OH) and Macomb County communities (pushing voluntary restrictions), but no such rules exist in Wayne yet. Binding actions like ordinances are feasible but "hard" as you noted—potentially facing retailer lawsuits or state overrides if seen as conflicting with food laws.
For official communications that avoid these hurdles, focus on non-binding tools to raise awareness, urge voluntary compliance, and build toward future regulation. These leverage the council's authority under the Open Meetings Act (MCL 15.261 et seq.) and public health powers without creating enforceable law. They can highlight risks (e.g., addiction, contamination with heavy metals like lead/nickel, or side effects like seizures), cite MDHHS data on youth exposure, and partner with the Wayne County Health Department or MDARD (which has warned about Kratom as an unapproved/harmful ingredient). Below, I outline key options, starting with the most straightforward.
1. City Council Resolution (Non-Binding)
Description: Similar to the vape resolution we discussed, this expresses concern, calls for education, and urges stakeholders (retailers, schools, parents) to act voluntarily. It can direct staff to monitor Kratom issues, collaborate with state agencies, or draft a future ordinance if state law evolves. Resolutions are easy to adopt (simple majority vote after public hearing) and serve as a "soft" entry point to gauge community response without legal risk.
Why Suitable for Kratom: Avoids defining Kratom's status (e.g., as a drug vs. supplement) by focusing on public health harms and youth prevention. It can reference MDARD's 2025 advisory on Kratom's dangers in foods.
Process: Introduce at a council meeting, hold a hearing, adopt, and distribute via press release or city website.
Impact: Builds public pressure; Warren used a similar resolution to lead into their ordinance draft.
2. Proclamation by the Mayor or City Council
Description: A ceremonial document declaring awareness (e.g., "Kratom Awareness Month" or a call to action against youth access). It's symbolic, non-enforceable, and often used for health campaigns. The mayor can issue it independently or with council support.
Why Suitable: Sidesteps legal debates by focusing on education and voluntary pledges. It can tie into national efforts like the American Kratom Association's consumer protection push or MDHHS youth substance prevention programs.
Process: Approved via council motion or mayoral discretion; publicized via social media and local news.
Impact: Raises visibility—e.g., a proclamation could encourage schools to include Kratom in anti-drug curricula.
3. Public Health Advisory or Letter from the City
Description: An official letter or bulletin issued by the City Manager, Health Officer, or Council to retailers, parents, and schools. It warns of risks, references MDARD's advisory, and requests voluntary compliance (e.g., behind-the-counter storage, no sales to minors).
Why Suitable: Low-risk communication that echoes state warnings without new rules. Distribute via mail, email, or city app.
Process: Council approves content; no vote needed for issuance.
Impact: Direct outreach—similar to MDARD's 2025 consumer alerts on Kratom in foods.
4. Press Release or Public Service Announcement (PSA)
Description: A media statement from the council or mayor's office detailing the Kratom issue, sharing facts (e.g., no age limit means kids can buy it), and calling for community action. Pair with a PSA for local radio/TV or social media.
Why Suitable: Amplifies the message without formal action; focuses on education to deter youth use.
Process: Drafted by city communications staff, approved by council.
Impact: Generates news coverage, as seen in Macomb County reports on Kratom dangers.
Next Steps and Recommendations
Start with a Resolution: It's the most official non-binding tool and mirrors successful local efforts (e.g., Warren's path to regulation). Consult Wayne's city attorney to ensure alignment with state law.
Collaborate: Partner with Wayne County Health Department for joint advisories or MDHHS for resources on youth substance prevention.
Youth Focus: Emphasize education in schools (e.g., via DARE programs) to address access without bans.
--- 2026 ADDENDUM: REGIONAL UPDATES & ACTIONABLE RESOLUTION ---
Since this framework was first submitted a year ago, significant action has been taken regionally and statewide:
State Action: On March 18, 2026, the Michigan House of Representatives passed House Bill 5537, which prohibits the sale and distribution of kratom. It is currently pending in the Senate.
Clinton Township: On January 26, 2026, the Township Board adopted an ordinance to prevent the sale of kratom to individuals under 21.
Sterling Heights: On May 24, 2026, the City Council passed an ordinance banning the sale and distribution of kratom within city limits.
To facilitate immediate action, I have updated the originally proposed resolution for today's date:
CITY OF WAYNE, MICHIGAN
RESOLUTION NO. 2026-[INSERT NUMBER]
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WAYNE EXPRESSING CONCERN OVER KRATOM ACCESS AND USE AMONG YOUTH, URGING VOLUNTARY RESTRICTIONS BY RETAILERS, AND DIRECTING STAFF TO EDUCATE THE COMMUNITY ON PUBLIC HEALTH RISKS
Adopted: September [Insert Date], 2026
WHEREAS, the City of Wayne prioritizes the health and safety of its residents, especially youth, amid rising concerns about unregulated substances like Kratom (Mitragyna speciosa), which is currently legal in Michigan but lacks statewide age restrictions, safety testing, or labeling requirements; and
WHEREAS, Kratom products, often sold in gas stations, smoke shops, and convenience stores, pose risks including addiction, contamination with heavy metals (e.g., lead, nickel), and severe side effects such as seizures, nausea, or respiratory issues, as warned by the Michigan Department of Agriculture and Rural Development (MDARD); and
WHEREAS, the absence of state regulations allows easy access by minors under 18, contributing to youth experimentation in Wayne and Wayne County, where local reports indicate Kratom's availability near schools and parks; and
WHEREAS, while Michigan's Home Rule City Act empowers local action for public welfare, the unregulated status of Kratom as a food/supplement necessitates voluntary and educational approaches to prevent harm while statewide legislation, such as House Bill 5537, remains pending; and
WHEREAS, community partnerships with retailers, schools, and health organizations can promote responsible practices, such as age-21+ voluntary sales policies and clear warnings, mirroring successful recent efforts in nearby communities like Clinton Township and Sterling Heights; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wayne expresses grave concern over Kratom's impact on youth and commits to addressing this public health issue through education and collaboration; and be it
FURTHER RESOLVED that the City Council urges all Wayne retailers selling Kratom to voluntarily: (1) restrict sales to individuals 21 years and older with ID verification; (2) post signage warning of health risks and prohibiting youth access; and (3) report compliance efforts to the City Clerk by December 31, 2026; and be it
FURTHER RESOLVED that the City Manager is directed to work with the Wayne County Health Department, MDHHS, and MDARD to develop educational materials on Kratom risks for distribution to schools, parents, and youth programs, and to monitor for potential state regulatory changes; and be it
FURTHER RESOLVED that the City Clerk shall publicize this resolution through a press release, city website, and notices to local retailers and media.
YEAS: [List Council Members]
NAYS: None
I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Council of the City of Wayne at a regular meeting held on September [Insert Date], 2026.
City Clerk
City of Wayne, Michigan
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