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Westchester council updates vape‑shop zoning and debates local ban on kratom sales
Summary
Council signaled changes to the borough’s vape/tobacco zoning to widen product definitions and location limits, and debated whether to direct the solicitor to draft an ordinance banning retail kratom and concentrated derivatives amid health and enforcement concerns.
Westchester Borough Council moved Thursday to refine its vape and tobacco zoning and directed staff to produce clearer ordinance language ahead of a public hearing, while separately debating an ordinance to prohibit retail sales of kratom and concentrated products.
The discussion on a zoning amendment to Chapter 112 focused on broadening the definition of regulated products to include CBD and THC derivatives, clarifying permitted locations (extending some provisions into the town‑center), and removing an internally redundant subsection that addressed in‑store smoking exemptions already covered by state clean‑air law. "We could take it out because it's already controlled," a councilmember said while reviewing the draft language.
Council members also discussed whether to include minimum separation distances from bus stops and school bus stops after noting concerns about clustering of tobacco/cannabis retailers downtown. Staff said finalized edits would be circulated before the June 17 public hearing so council and the public can review exact changes.
On a separate agenda item, council debated a draft to prohibit the sale of kratom and concentrated derivatives known in the discussion as “70.” Councilwoman Lisa Karns summarized health concerns cited by coroners and federal agencies, saying the FDA has warned about product safety and that Pennsylvania poison‑control calls tied to kratom have risen. "This stuff is being sold in Westchester. Why? We know it's a potentially deadly drug with absolutely no regulations," she said.
Other members raised enforcement questions, noting police and inspectors are not routinely trained to test retail product contents. "Who's going to go? We're not trained to go into vape shops or cigarette shops," one councilmember said, adding that a resolution without enforcement would be largely symbolic. Several members suggested a two‑track approach: draft an ordinance empowering enforcement and, where useful, adopt a resolution to signal the borough’s stance to state lawmakers.
The council directed the solicitor to draft ordinance language for consideration by the public‑safety committee and ultimately for public hearing and vote. Councilmembers said they expect additional detail on proposed fines, enforcement mechanisms, and whether certain products should be regulated as a zoning use or via a sales prohibition.
Next steps: staff and the solicitor will prepare a redraft of the vape/tobacco amendment for the June 17 hearing; the kratom ban will be drafted into ordinance form and returned to public safety for further review and a future vote.
