Minnetonka staff urges education, statewide action on kratom while updating cannabis, tobacco enforcement

A police agency official warned Minnetonka City Council members on March 2 that kratom — sold as capsules, gummies and seltzers — carries dependence and overdose risks and has been linked by federal agencies to contamination and deaths.

"It is considered dangerous really for a couple reasons because its dependence, carries an overdose risk," the police agency official said, noting evidence of lead and salmonella contamination and that the FDA has linked 35 deaths to tainted kratom. The presentation said kratom is not approved by the FDA and is variably marketed as an herbal extract or dietary supplement.

The presentation described policy options cities have used elsewhere, including age limits, product testing and labeling, and restrictions on high-potency compounds. Staff recommended education and monitoring rather than a local blanket prohibition, and urged council members to press the state to consider a Kratom Consumer Protection Act that would set labeling, testing and potency standards.

"What some jurisdictions are doing are really focusing in on the compounds ... and what potency is of it," the agency official said, arguing state action would provide a more consistent approach than hundreds of local ordinances.

Council members asked whether products on store shelves contain whole-leaf kratom or synthetic derivatives and whether definitions could be drafted to capture derivatives; staff said retail products vary and sometimes use extracted compounds in drinks or seltzers, and that drafting definitions would require detailed legal work.

On tobacco enforcement, the police agency official described annual underage compliance checks conducted by school resource officers and said the city's approach emphasizes education first, followed by criminal prosecution and civil follow-up. The city attorney noted criminal prosecutions use a higher standard of proof and that civil enforcement tools or license revocation are discretionary steps that sometimes follow criminal outcomes.

Julie Wishonak, senior development director, briefed the council on cannabis retail registrations and the state's licensing process. She said the city has three location registration requests, one of which has pulled construction permits; staff stressed the local role is zoning and registration while the state controls licensing.

Council members asked about a 500-foot buffer from youth-oriented facilities after a proposed Glen Lake location was found too close to a splash pad. Staff said applicants must first identify zoning-compliant locations, notify the state, complete construction and inspections, and only then can the state issue a final license.

The council took no formal votes on substance regulation during the study session. Staff said it will continue monitoring kratom availability and enforcement and return with proposed follow-up if trends change.