Merrimack delays kratom sales proposal after legal threat

Why it matters

Merrimack councilors postponed action while town attorneys review a threatened legal challenge. The proposed restrictions have not become law through this vote.

The big picture

The town’s November 5 agenda listed a final reading of proposed Chapter 195, Kratom Prohibition. The Union Leader reports that councilors instead tabled discussion until November 19 after receiving a letter from lawyers representing the American Kratom Association. The agenda packet is proposed text, despite its prefilled adoption date; it does not establish passage.

Key findings

• The November 5 agenda scheduled consideration of adding Chapter 195 to Merrimack’s town code; the Union Leader reports that councilors voted to table discussion until November 19.
• According to Council Chair Nancy Harrington, a law firm representing the American Kratom Association asked the town to remove the item and threatened declaratory and injunctive court relief.
• Town Manager Paul Micali said town attorneys recommended postponement so they could conduct further research. The report does not establish that a lawsuit has been filed.
• The proposed text would restrict extracts, enhanced or chemically modified products, concentrated kratom and specified forms including capsules, tablets and drinks; its scope extends beyond synthetic products alone.
• The proposal includes an exception for natural, unadulterated botanical leaf and ground leaf for adult purchase. These proposed limits and penalties remain distinct from an adopted or effective ordinance.

What they say

“I also think we need to be cautious about going ahead without some legal advice,” Council Chair Nancy Harrington told councilors, according to the Union Leader.

Bottom line

Merrimack deferred its proposed kratom restrictions for legal review until November 19; neither adoption nor a filed lawsuit is established by the report.