Washington County adopts local laws restricting retail sales of nitrous oxide and kratom after public hearings

The Washington County Board of Supervisors on May 15 adopted two local laws intended to limit sales of nitrous oxide chargers and kratom products within the county after public hearings that drew opposing testimony.

At a public hearing on Introductory Local Law D — titled in the hearing notice as the Washington County Nitrous Oxide Consumer Protection Act — several residents urged supervisors to approve restrictions on retail sales of nitrous oxide chargers, citing health risks and local incidents. Kathleen Boyle of Queensbury told the board, “Last May, my son died from nitrous oxide use,” and thanked supervisors for taking the issue seriously. Melissa Girard, a direct support professional who works with people in Warren and Washington counties, described clients who “pass out for approximately 20 minutes,” crash e-bikes while under the influence, and suffer injuries and lost housing stability because of easy access to nitrous oxide from local smoke shops.

Board members debated enforcement and amendment language. Supervisor Skelly proposed removing the Washington County Department of Public Health from the law’s enforcement and penalty section (section 4a); that amendment was adopted before final passage of the resolution to adopt the law.

The board also considered Introductory Local Law E, described in the notice as the Washington County Kratom Consumer Protection Act. Tracy Hudson, who identified herself as a kratom shop owner and a long-term, responsible user, urged supervisors to reject a ban and instead pursue targeted regulation. “Natural kratom is a botanical leaf product used responsibly by an estimated 24,000,000 Americans,” Hudson said, distinguishing leaf kratom from concentrated synthetic alkaloid products she said pose far greater risk. She argued that a blanket county ban would drive consumers to black-market products and remove access for those who use natural kratom safely.

Supervisors discussed definitional issues and exemptions in the proposed kratom law; the board amended local law E to remove the county public health department from enforcement (the same change made to local law D) and debated whether to table the measure for further definition work. A motion to table Local Law E was defeated by roll call; the resolution adopting the local law as amended subsequently passed.

Clerk’s notices and the meeting record show copies of both draft local laws and that written comments were submitted and entered into the official record. Board members noted state-level activity on related topics and included language in the kratom draft that would render the county law null if substantially similar state statutes or regulations are later adopted.

The board’s action will take effect upon filing the enacted local laws in the office of the New York State Secretary of State, subject to any state actions that supersede local ordinances.

The chair closed both public hearings after calling three times for comment; the meeting then proceeded to other business.

The board’s next regular meeting is scheduled for June 18, 2026, unless a special meeting is called.