Suffolk lawmakers puts off vote on bills on kratom ban and timelier camera access

Suffolk County lawmakers Tuesday evening tabled a pair of contested proposals, one banning the sale of the substance kratom, the other in response to a delay in the investigation into a Christmas Day killing.

Following a public hearing that included the questioning of one speaker, Legis. James Mazzarella (R-Moriches) put to recess legislation he sponsored to ban kratom throughout the county. A few minutes later, Legis. Jason Richberg (D-West Babylon) similarly tabled a bill he sponsored requiring certain businesses to provide security footage to police within 24 hours of a felony committed on their property.

A handful of kratom users and business owners argued during the public hearing that the county should allow the sale of drinks, leaves and other products containing the natural plant form of kratom, which contains trace amounts of the naturally occurring alkaloid 7-hydroxymitragynine, or 7-OH, for energy and for relief from physical and mental pain. Some speakers, including Jack Lambros, of Patchogue, argued the county should limit a ban to products containing a concentrated synthetic compound of 7-OH often sold over the counter at convenience stores, smoke shops or online.

"I am allergic to ibuprofen; kratom has been an escape for me from back pain," Lambros said.  He added that while some lawmakers are worried about addictive qualities, he "just can’t imagine having ... withdrawals" from using "pure leaf" kratom akin to "tea leaves."

"I’ve gone 10 days without doing it," he said. "Most of what I’ve experienced is tiredness."

Suffolk lawmakers began regulating the sale of all kratom products, natural and synthetic, in 2016, when it prohibited sales to anyone under 21. Nassau County imposed a similar ban on all kratom sales in March.

Nearly six months ago, Gov. Kathy Hochul enacted legislation that required warning labels on all kratom products and prohibited the sale of those goods to anyone under 21.

Richberg’s bill  stems from the fatal Christmas Day stabbing of CVS employee Edeedson "Joshy" Ciné Jr., 23, of West Babylon, during what Suffolk police described as a robbery attempt, Newsday reported.  Suffolk Police Commissioner Kevin Catalina previously alleged the company delayed investigators access to the footage. 

Anthony Cacciato, the New York State chair of Young Americans for Liberty, opposed the measure during the public hearing on constitutional  grounds and said he wants businesses to be able to "challenge" the request for security footage. Richberg asked if Cacciato would like lawmakers to add a clause requiring police to obtain a subpoena for the footage. Cacciato said that could "persuade positions" but said such an amendment would be a "redundancy" to the law.

Presiding Officer Anthony Piccirillo (R-Holtsville) argued the measure would violate the Fourth Amendment of the Constitution that protects against illegal search and seizure.

 "It’s a terrible thing that happened to this young man, and I feel terrible about it, it’s a tragedy," Piccirillo said. "But when we erode the Constitution protections because of tragedies, Benjamin Franklin said it best: ‘Those who would sacrifice liberty for security lose both, and deserve neither.’" 

Following the public hearing, Ciné’s father told Newsday he is already "grateful" for the support the community has shown his family, regardless of whether the legislation passes.  But he still holds out hope the law will pass.  

"Ultimately, the goal is to keep our children safe and to keep the community safe, and keep those that break the law behind bars," Ciné said. "I’m sure this will work itself out eventually."

Clarification: The Suffolk County Legislature put off a vote on two bills in the last legislative session. The headline was updated to clarify that the bill proposals remain active.