For Scranton City Councilman Patrick Flynn, the fight against a specific botanical substance available at local convenience stores is more than a policy goal—it is personal. After expressing concerns to county officials shortly before his election in November, Flynn is now moving to formally ban kratom in Scranton stores and throughout the city limits.
Flynn is set to introduce an ordinance during Tuesday night’s council meeting that would prohibit the sale, possession, distribution, and manufacturing of kratom and its derivatives. Whereas the substance remains legal under Pennsylvania state law, city officials argue that the lack of regulation has created a public health vacuum that local government must fill to protect its most vulnerable residents.
The proposed legislation targets a substance often marketed as a natural remedy for pain, anxiety, and opioid withdrawal, but which local health and law enforcement officials describe as a growing catalyst for dependency and emergency room visits. If approved, the ordinance would take effect immediately, though Lackawanna County District Attorney Brian Gallagher noted that a grace period would be provided for retailers to clear existing stock from their shelves.
Enforcement and Penalties for Noncompliance
The move represents a significant shift in how Scranton handles the availability of over-the-counter psychoactive substances. By establishing a local ban, the city aims to move beyond mere warnings and implement enforceable legal consequences for retailers who continue to sell the product.
District Attorney Brian Gallagher emphasized that the ordinance is designed to hold businesses accountable, particularly those selling concentrated versions of the substance. Under the new rules, violations could result in fines of up to $300 per occurrence and up to 90 days in prison.
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Lackawanna County District Attorney Brian Gallagher speaks during a press conference in the foyer of the Lackawanna County Courthouse in Scranton Monday, April 6, 2026. (SEAN MCKEAG / STAFF PHOTOGRAPHER)
“Retailers in Scranton are now on notice,” Gallagher said. “Noncompliance will result in enforcement actions including prosecution where appropriate. We will hold those people accountable because it’s our responsibility for members of our community.”
The Rise of ‘Gas Station Heroin’
The impetus for the ordinance is a reported surge in emergency room visits, polysubstance use, and incidents of impaired driving linked to kratom products. City officials are particularly concerned with the variety of synthetic and concentrated derivatives sold in smoke shops and gas stations under names such as “Maeng Da,” “Red Bali,” “White Thai,” and “Extract Shots.”
Flynn has been vocal about the dangers of these products, which he describes as “gas station heroin.” He argues that the accessibility of these substances leads young people and those in recovery to believe they are harmless alternatives to traditional opioids.
Joseph Van Wie, CEO of Fellowship House and chief marketing officer of True North Recovery Detox, has seen this trend firsthand in treatment centers. According to Van Wie, the potency of synthesized forms has led to a sharp rise in dependency, with some patients experiencing withdrawal symptoms lasting up to 60 days.
“Most of the relapses I see at residential services or outpatient services are on kratom because of its accessibility,” Van Wie said, describing the substance as a “plague on the recovery community.”
Summary of Proposed Ordinance
| Action | Details |
|---|---|
| Prohibited Activities | Sale, possession, distribution, and manufacturing |
| Financial Penalty | Up to $300 per violation |
| Criminal Penalty | Up to 90 days in prison |
| Targeted Products | Kratom, synthetic derivatives, and branded extracts |
What is Kratom?
Scientifically known as Mitragyna speciosa, kratom is a tropical tree native to Southeast Asian countries including Thailand, Indonesia, and Malaysia. Traditionally used as an herbal remedy, its leaves contain the psychoactive compounds mitragynine and 7-hydroxymitragynine.
While some individuals use it to manage pain or treat opioid withdrawal, the U.S. Food and Drug Administration (FDA) has not approved kratom for any medical use. The Drug Enforcement Administration (DEA) has listed it as a “drug and chemical of concern” due to its potential for abuse and dependency.
The Scranton ordinance specifically targets products that have been chemically modified or adulterated, which officials say differ significantly from the raw botanical material used traditionally in Southeast Asia.
A Call for Regional Coordination
Flynn acknowledges that a ban within Scranton city limits is only a partial solution, as the substance remains available in neighboring jurisdictions. He is calling on mayors, supervisors, and commissioners across the region to implement similar measures to prevent residents from simply crossing municipal borders to acquire the substance.
“What we have is not just a challenge for one city,” Flynn said. “Until the state or federal government steps in and establishes clear rules around kratom, local communities have a responsibility to act.”
The effort to draft the legislation was a collaborative process involving Council President Tom Schuster, Solicitor Tom Gilbride, and District Attorney Gallagher, all of whom sought to create a legal framework that could withstand challenges while prioritizing public safety.
Disclaimer: This article is for informational purposes only and does not constitute legal or medical advice.
The next step for the legislation is the formal introduction and potential vote during the Scranton City Council meeting on Tuesday night. If passed, the ban will move toward immediate implementation following the established grace period for retailers.
Do you believe local bans are an effective way to handle unregulated substances? Share your thoughts in the comments or share this story on social media.
