Residents near a kratom processing plant in West Wyoming, Pennsylvania, are alleging that fumes from the facility are significantly impacting their quality of life. Testimony presented Wednesday in Luzerne County court detailed the impact of odors emanating from KB Crash Creations, located at 223 W. Sixth St.
Nuisance Complaints and Legal Challenges
Last year, the Wyoming Area Regional Police Department and West Wyoming code enforcement issued over two dozen quality-of-life nuisance violation citations to KB Crash Creations, as well as property owner Donald J. Zurenda. The citations center on ongoing emissions described by special prosecutor Laura Dennis-Bovani as an “orange Pine Sol chemical smell” resulting from kratom manufacturing.
Wyoming Area Regional Police Chief Michael Turner testified that the aroma initially struck him as “toxic,” though he later characterized it as a “malodor” after objections from defense counsel. He described the smell as physically affecting, stating, “It literally smacks you in the face…It literally takes my breath away.”
Defense attorneys representing both KB Crash Creations and Donald J. Zurenda argued the case belongs in civil court, asserting that criminal charges require “objective, scientific proof” rather than subjective complaints about odors. They also stated that no one has reported illness due to the smell, a claim disputed by the prosecution.
Kratom and the Legal Landscape
Kratom, derived from a tropical tree originating in Southeast Asia, is legally sold in Pennsylvania in various forms, including capsules, tea, and smoked leaves. However, the Drug Enforcement Administration lists it as a “drug or chemical of concern.”
Advocates suggest kratom can provide mild pain relief and aid in managing opioid withdrawal symptoms, while opponents warn of potential dangers, including hallucinations and psychosis.
What’s Next
Luzerne County Judge Michael T. Vough has indicated he will consider arguments for dismissal before rendering a decision. However, the trial was continued following initial testimony from Chief Turner, due to time constraints and the number of remaining witnesses. The trial is currently scheduled to resume on March 3.
It is possible the judge could dismiss the case, potentially leading to a civil suit. Alternatively, the trial could proceed, and a determination made regarding the validity of the nuisance citations. A settlement between the parties is also a possible outcome.
Frequently Asked Questions
What is kratom?
Kratom is a tropical tree from Southeast Asia whose leaves are used in various forms, including being crushed and smoked, brewed as tea, or ingested in capsules.
Is kratom illegal in Pennsylvania?
No, kratom is currently legal in Pennsylvania, though it is sold in places like gas stations and smoke shops.
What were the OSHA violations against KB Crash Creations?
OSHA cited KB Crash Creations for blocked and bolted emergency exits, improperly marked exits, and electrical hazards created by the use of extension cords.
As this case unfolds, what role should local regulations play in balancing the rights of businesses with the well-being of neighboring communities?
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