7 minute read

FOR IMMEDIATE RELEASE
December 8, 2025

Contact:
Email: info@psychedelickc.org
Website: www.psychedelickc.org

KANSAS CITY, MO – The Psychedelic Society of Kansas City (PSKC) is calling on the Kansas City Council to reject Ordinance 251028, a proposal to ban a broad range of psychoactive products and chemical inhalants often labeled as “gas station drugs.”

Key Facts at a Glance:

  • Minimum Penalty: 15 days jail + $1,000 fine per offense
  • Products Affected: Kratom, Delta-8 THC, Amanita muscaria, nitrous oxide, poppers, and more
  • Business Impact: License revocation possible without criminal conviction
  • Harm Reduction: Bans drug-checking kits and safe-use supplies
  • Free Speech Concerns: Educational information would be treated as criminal evidence

What the Ordinance Would Do

The ordinance, introduced as a public safety measure, would:

  • Ban the sale of products such as kratom, hemp-derived THC (including Delta-8 and some Delta-9 edibles), Amanita muscaria mushroom products, synthetic cannabinoids, nitrous oxide, and “poppers” (alkyl nitrites), along with a wide category of “novel psychoactive” substances
  • Re-establish a broad drug paraphernalia prohibition
  • Impose mandatory jail time (minimum 15 days, up to 6 months) and steep fines (up to $1,000 per day)
  • Allow the city to suspend or revoke business licenses even without a criminal conviction

PSKC warns that, as written, the ordinance is overbroad, vague, and out of step with modern public health and drug policy, and risks harming small businesses, health initiatives, and vulnerable communities more than it protects anyone.

“We all want safe neighborhoods and responsible businesses. But this ordinance is a blunt instrument that swings far too wide. It would criminalize legal products, confuse business owners, chill education and harm-reduction, and revive failed War on Drugs policies that hurt communities rather than help them.”

Dale Morgan, President of PSKC’s Board of Directors

Key Concerns with Ordinance 251028

PSKC’s first concern is that the ordinance’s definitions of “novel psychoactive drugs” and “intoxicating cannabinoid products” are extremely broad and unclear.

The ordinance specifically bans:

  • Kratom, which is currently legal under Missouri law and used by some people managing pain or opioid dependence
  • Hemp-derived Delta-8 and Delta-9 THC products, which are legal under federal and state law
  • Amanita muscaria, a legal mushroom with traditional and spiritual uses

Beyond these specific products, the ordinance’s vague language outlawing any substance with a psychoactive effect “similar” to a Schedule I or II drug could also sweep in herbal products like kava or certain teas that have calming or mood-altering effects but are not controlled substances.

For everyday retailers, this creates a guessing game about what is legal.

“A gas station clerk or small shop owner shouldn’t need a team of lawyers and chemists to know whether selling a tea, supplement, or gummy is suddenly a jailable offense. That’s not fair, and it’s not how good law is supposed to work.”

Dale Morgan

2. Drug Paraphernalia Ban Undermines Harm Reduction

The ordinance also revives a broad paraphernalia ban, targeting items “designed, marketed, or intended” for consuming these substances. This will impact:

  • Pipes, vaporizers, and similar items
  • Drug-checking kits (such as fentanyl test strips)
  • Safe-use supplies like clean syringes or safer smoking kits

Public health experts and national health agencies increasingly recognize that such harm-reduction tools save lives by reducing overdoses, infections, and other health harms.

“Including a broad paraphernalia ban is a huge step backward. We learned from the HIV crisis and the overdose crisis that criminalizing equipment doesn’t stop drug use – it just makes it more dangerous. Kansas City should not be turning its back on decades of public health progress.”

Dr. Christine Ziemer, PSKC’s Executive Director

3. License Revocation Without Conviction (Due Process Concerns)

PSKC is especially troubled by language that allows the city to suspend or revoke a business license without a criminal conviction. Under the ordinance, a business could lose its license simply because inspectors allege that banned products were sold.

This means:

  • A business could lose its primary source of income before any court finds them guilty
  • Immigrant-owned and small neighborhood businesses could be disproportionately impacted if they lack resources to fight license actions

“No one in Kansas City should lose their livelihood on the basis of unproven allegations. If the city can’t prove a crime in court, it shouldn’t be destroying a business.”

Dale Morgan

4. Chilling Effect on Education and Free Speech

The ordinance allows inspectors to treat ordinary speech and educational information as evidence of a crime.

For example:

  • A clerk explaining that kava is relaxing or that a legal cannabinoid may cause a mild “high”
  • A health educator describing the effects of kratom or nitrous oxide
  • Harm-reduction materials explaining safer use strategies

Under Ordinance 251028, such statements would be treated as proof that a product is an illegal “intoxicating” drug. This risks silencing educators, healthcare professionals, and harm-reduction organizations, including PSKC’s own educational programs.

“We cannot improve public health by gagging the people who are trying to educate the community. Honest information about risks and safer use should be encouraged, not criminalized.”

Dale Morgan

5. Nitrous Oxide and “Poppers” Wrongly Lumped Together

Section 50-207 of the ordinance groups nitrous oxide (laughing gas) with amyl and butyl nitrites (“poppers”) as “dangerous chemical inhalants.”

PSKC points out that:

  • Nitrous oxide misuse can certainly be harmful and heavy use can contribute to health problems such as nerve damage, but it is already prohibited by state law from being sold as inhalants outside of medical settings
  • Poppers, while not risk-free, are relatively low-risk in moderation and are widely used in LGBTQ+ communities and nightlife settings
  • Banning the sale of poppers raises concerns about disproportionate impacts on LGBTQ+ spaces, increased policing in queer venues, and the creation of an unregulated black market

The ordinance mandates a minimum of 15 days in jail and up to 6 months per offense, plus fines up to $1,000 per day. Each day of violation counts as a separate offense.

In real terms, this means:

  • A clerk who unknowingly continues selling kratom or Delta-8 gummies for a week would face over three months in jail
  • A small business owner would be incarcerated longer than some violent offenders for conduct involving products that remain legal at the state level

PSKC calls these penalties cruel, wasteful, and out of proportion.

“Jailing small business employees for months over labeling issues and legal gray areas is not a smart use of taxpayer dollars or jail space. It’s a throwback to the worst instincts of the War on Drugs.”

Dale Morgan

Community and Law Enforcement Concerns

PSKC’s opposition is echoed by concerns from:

  • Law enforcement representatives, including the Kansas City Fraternal Order of Police, who have indicated the ordinance is overly broad and hard to enforce, and could divert resources away from violent crime and serious drug trafficking
  • Healthcare professionals and mental health advocates, who worry that banning products like kratom and safer alternatives could push people back toward more dangerous opioids or untreated conditions
  • LGBTQ+ community members, who see the poppers ban as likely to invite selective enforcement in queer spaces

A Better Path: Harm Reduction, Regulation, and Public Input

PSKC is not denying that some unregulated products are dangerous. Instead, the organization is urging the Council to consider more targeted, evidence-based approaches.

1. Targeted Regulation and Quality Control

  • Work with state lawmakers to pass measures like a Kratom Consumer Protection Act or clear regulations for hemp-derived cannabinoids
  • Require age limits, accurate labeling, warning labels, and lab testing for purity and potency

2. Civil, Not Criminal, Enforcement

  • Use fines, warnings, and license reviews for truly bad-actor businesses
  • Reserve criminal penalties for clearly fraudulent or intentionally harmful conduct, not honest mistakes or ambiguous products

3. Investment in Education and Harm Reduction

  • Support outreach on the real risks of substances like tianeptine or unsafe synthetic cannabinoids
  • Expand access to drug-checking tools, overdose prevention, and treatment resources

4. Stakeholder and Voter Input

  • Convene a task force including public health experts, pharmacologists, community organizations, business owners, and impacted communities
  • For major shifts in local drug policy, consider state-level solutions or voter-led initiatives rather than rushed, city-only bans

PSKC’s Message to City Council

“Our message to the City Council is simple: Don’t double down on a failed War on Drugs playbook. Kansas City deserves smarter, more compassionate, and more effective solutions. We stand ready to work with city leaders on policies that truly protect public health and respect human rights. Ordinance 251028, as written, does neither. We urge you to vote No and collaborate with the community on a better path forward.”

Dale Morgan, President, PSKC Board of Directors

About PSKC

The Psychedelic Society of Kansas City is a community-based, educational nonprofit dedicated to harm reduction, evidence-based drug policy, and responsible, informed use of psychoactive substances. PSKC hosts public education events, supports peer-based harm reduction initiatives, and works with community partners to promote compassionate, science-driven approaches to drug use and mental health.

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