Powell Police Chief Roy Eckerdt and school district superintendent Jay Curtis are concerned about two legal substances that have resulted in hospital visits and several deaths in Park County within the last 18 months.

Delta 8 is a form of THC [the psychoactive chemical found in marijuana] isolated from the hemp plant. Kratom is a plant from Southeast Asia which can mimic the effects of opioids, said Eckerdt. It has been linked to multiple deaths within the county by the coroner. Eckerdt also mentioned that several Powell kids have gone to the emergency room as a result of “Delta 8 and the effects it’s having on their bodies.” 

According to Curtis a school policy for kratom does not exist since it is a legal substance. During a Nov. 21 school board meeting he informed the board that a policy may need to be looked into to cover the substance.

“If a kid is caught right now, with kratom in their pocket in our schools, there’s nothing that we could do about it but it is something that could kill a kid,” Curtis said. 

Eckerdt said that while both substances are technically legal, an individual who has taken Delta 8 and is tested under the assumption of being under the influence will test positive for marijuana (Delta 9) not Delta 8. The tests do not differentiate between types of THC. Being under the influence of THC is illegal federally and in the state of Wyoming. 

Curtis added that marijuana is becoming more common among students following its legalization in Montana. Two students recently had their first offense for marijuana within one to two weeks of each other which is typically closer to what is seen in an entire school year. 

Kratom is not an illegal substance but it can lead to overdoses and even death. In the case of an overdose NARCAN, which is used to treat opioid overdoses, is ineffective since kratom is not actually an opioid.

“So where we originally saw a lot of popularity was they were using it to get off of opioid addictions,” Eckerdt said. “Those that have done that and visiting with people from the drug court, the kratom addiction is actually harder to kick and the withdrawals are worse than the opioid.”

During the Nov. 21 school board meeting Curtis informed the board that a meeting between himself, district personnel and others had taken place regarding the substances. 

“This is not an overly pleasant topic. It’s actually quite scary,” Curtis said. “But I had a meeting with Powell PD, Healthy Park County, Powell Valley Healthcare and school district personnel and we met to discuss some new drugs that are rolling through.”

Eckerdt said that there is no city ordinance or state law that regulates who either substance is sold to. Under current law any hemp derived product including Delta 8 can be sold without age restriction. Kratom has no legislation regulating it and because it is marketed as a substance it is not regulated by the Food and Drug Administration. 

In Powell, Maverik sells kratom but it is company policy not to sell the substance to anyone under the age of 21, Blair’s and The Market (formerly Mr. D’s) do not sell either substance. Wyoming Natural Health Foods has a kratom selection but they do not sell the substance to anyone below “college age.”

Eckerdt said that the discussion has just begun with Powell schools and that an educational campaign on the substances will be started.

“We’re going to try and get our retailers on board, [it]  sounds like most of them probably already are,” he said. “So therefore it shouldn’t have a lot of resistance to get it in place smoking tobacco and alcohol are already 21. So it seems like it should be an easy conversation to have, but it’s one we want to get on the books both in Powell and Cody.”

Eckerdt advises that parents should be paying attention to ways the substance could be delivered, such as vaping devices, edibles and liquid. Kratom is not always listed on packaging but a k with a circle around it may be an indicator that a drink mix or other item contains kratom. If it is still unclear, concerned parents and other citizens can check the ingredients list. People should also be aware that medication interactions with kratom are unknown.

Parents concerned about an item shouldn’t immediately assume it has kratom or Delta 8, said Eckerdt, but they can refer to the Healthy Park County website. Parent handbooks are available through the website by request and talking points on the substances are also available.

“Definitely more to come as we start working on these ordinance conversations. We want to have community involvement in that conversation,” Eckerdt said. “But we don’t want to be heavy handed about anything, we just want to look out for our youth.”