Kratom And The DEA: Current Stance And Updates

Key Takeaways:

• Understand Kratom’s Legal Status: Kratom’s legality varies across states, with some imposing complete bans and others allowing regulated use. Staying informed about local and federal regulations is essential for compliance.
• Stay Updated On DEA Regulations: The DEA lists kratom as a “drug and chemical of concern,” but it is not federally classified as a controlled substance. Regulatory changes could impact kratom’s accessibility and safety standards.
• Focus On Consumer Safety And Advocacy: Consumers should prioritize lab-tested, high-quality kratom products and remain engaged in advocacy efforts to ensure science-based, reasonable policies around its use.

It’s a constantly changing status.

Kratom, a natural plant originating from Southeast Asia, has gained significant attention in recent years for its potential health benefits and unique effects. However, its use has been controversial, with ongoing scrutiny from regulatory bodies like the Drug Enforcement Administration (DEA). As kratom’s popularity continues to grow, so does the debate surrounding its legality, safety, and potential for misuse.

In this article, we’ll examine the DEA’s current stance on kratom, recent updates in regulation, and what this means for consumers and the industry moving forward. Understanding the evolving landscape is essential whether you’re a curious user or part of the kratom community.

Kratom’s Popularity And Growing Concerns

Kratom, derived from the leaves of the Mitragyna speciosa tree, has surged in popularity in recent years due to its reported benefits for pain relief, energy enhancement, and mood improvement. Widely accessible in various forms—such as powders, capsules, and extracts — kratom has become a popular alternative for individuals seeking natural remedies for a variety of health conditions. However, as its use expands, so do concerns surrounding its safety, potential for misuse, and regulatory scrutiny.

Concerns Surrounding Kratom

However, kratom can potentially be misused. While some users report positive effects, including reduced opioid withdrawal symptoms and enhanced mental clarity, others express concerns about dependency, side effects, and unregulated quality standards. 

These concerns have prompted calls for stricter oversight and regulation by health authorities. Moreover, studies on kratom’s long-term safety are still limited, contributing to uncertainty regarding its overall safety profile.

The DEA’s Initial Stance On Kratom: What Happened In 2016

In a move that caught many by surprise, the U.S. Drug Enforcement Administration (DEA) announced in August 2016 their intention to classify kratom as a Schedule I substance.¹ This classification would have placed kratom in the same category as heroin, LSD, and marijuana, defining it as a drug with a high potential for abuse and no accepted medical use.

The DEA cited concerns over safety and the potential for abuse as the primary reasons behind their decision. They pointed to reports of kratom being associated with instances of addiction, hallucinations, and even death.¹ However, proponents of kratom argued that the plant has therapeutic benefits. These advocates also highlighted the lack of comprehensive studies on kratom, urging for more research rather than a blanket ban.

Public Backlash And The Withdrawal Of DEA’s Intent

The initial announcement by the DEA, made in 2016, was met with an immediate and fervent response from consumers, researchers, and lawmakers. Advocates for kratom, many of whom had personal testimonies of the plant’s benefits in pain management and opioid withdrawal support, rallied together to contest the DEA’s intent.

The public’s response was vocal and well-organized. Tens of thousands of individuals signed petitions, and hundreds of protestors took to the streets in Washington, D.C., showcasing the depth of the grassroots support for kratom access.

Moreover, the kratom community was not alone in their outcry. Healthcare professionals and researchers voiced concerns over the DEA’s rushed decision without thorough research into kratom’s potential benefits and risks. A bipartisan group of more than 50 members of Congress signed letters asking the DEA to delay this scheduling until more facts were gathered and public input could be considered.²

The concerted effort of these diverse stakeholders led to an unprecedented move by the DEA: the withdrawal of its intent to schedule kratom later that year. 

Current DEA Position: Kratom As A Drug And Chemical Of Concern

The relationship between kratom and the United States Drug Enforcement Administration (DEA) has been complex and dynamic. As of the latest updates, the DEA continues to list kratom as a “drug and chemical of concern” amidst ongoing debates and research into its effects and potential benefits.

This designation reflects the agency’s wariness about kratom’s psychoactive properties and its potential for abuse and dependency. However, it’s important to note that this classification is not the same as being listed as a controlled substance, which would impose strict federal penalties for its sale, possession, and use.

The DEA’s stance on kratom stems from concerns surrounding the substance’s safety profile and the lack of comprehensive scientific studies backing its medicinal claims. However, the DEA has voiced concerns about the potential for addiction, abuse, and health risks, including respiratory depression, vomiting, nervousness, weight loss, and constipation.

State-By-State Legal Landscape Of Kratom

The legal status of kratom in the United States is complex and varies significantly from one state to another. While the DEA (Drug Enforcement Administration) has not classified kratom as a controlled substance on a federal level, it remains on their list of Drugs and Chemicals of Concern.

This ambiguity leaves room for states, and sometimes even local governments, to interpret the legality of kratom in diverse ways. Consumers must understand the state-by-state legal landscape of kratom to navigate its use legally and responsibly.

States Where Kratom Is Legal

In most states in the U.S., kratom is currently legal. States such as California (with the exception of San Diego), Florida (except Sarasota County), New York, and North Carolina, among others, allow the sale, possession, and consumption of kratom within their jurisdiction. These states have not enacted any laws against kratom, allowing its free sale and consumption, though some may have age restrictions.

States With Restrictions

A few states have specific regulations or bans in place concerning kratom, highlighting the importance of knowing your local laws. For instance:

• Tennessee had completely banned kratom but has since allowed it in its natural form for individuals over the age of 21.
• Illinois allows kratom for those over 18, but there is a ban in Jerseyville.
• New Hampshire permits kratom use for individuals older than 18.

States Where Kratom Is Banned

As of the latest updates, there are several states where kratom is completely banned. These include:

• Alabama: Kratom is classified as a Schedule I controlled substance.
• Arkansas: Also listed as a Schedule I substance, making it illegal to buy, sell, or possess kratom.
• Indiana: Kratom is defined as a synthetic drug and is thus banned.
• Rhode Island: Has classified two of the primary alkaloids in kratom as controlled substances, effectively banning it.
• Vermont and Wisconsin both classify kratom’s alkaloids as a Schedule I controlled substance, putting kratom in the same category.

Understanding The Impact Of Local Ordinances

In some states, the legality of kratom might be subject to local ordinances, leading to a patchwork of regulations within a single state. This is seen in California and Florida, where kratom is legal except in specific counties or cities. Consumers are advised to thoroughly research their local laws to ensure compliance.

Staying Informed: Keeping Up-To-Date On Kratom And DEA Regulations

The regulatory landscape surrounding kratom and the DEA is complex and continuously evolving, making it essential for consumers, advocates, and businesses to stay informed. From changes in federal policy to shifting state-level laws, understanding the latest developments ensures that individuals can make informed decisions about using or selling kratom responsibly.

Why Staying Informed Matters

• Legal Implications: The DEA’s stance on kratom significantly impacts its legality. Federal scheduling or state-level bans can directly affect access to kratom, and being unaware of these changes may lead to unintended legal risks.
• Consumer Safety: As regulations evolve, they often address concerns such as product quality and labeling. Knowing current rules helps consumers identify safe, lab-tested products and avoid unregulated, potentially harmful options.
• Advocacy and Awareness: For kratom supporters, staying informed is key to participating in advocacy efforts. Knowledge of pending legislation and regulatory updates empowers individuals to voice their opinions effectively.

Ways To Stay Updated

• Follow Credible Sources: Regularly check reputable websites such as the American Kratom Association (AKA), DEA announcements, and trusted news outlets for updates.
• Engage In Advocacy Groups: Joining organizations dedicated to kratom advocacy can provide access to the latest developments, legal changes, and scientific research.
• Monitor State And Local Laws: Since kratom regulations vary by region, it’s important to track updates from local government websites and health departments.
• Subscribe To Newsletters: Many kratom-focused organizations and industry leaders offer newsletters that summarize the latest news and trends.

Looking Ahead

The debate over kratom’s safety and regulation is far from settled. As new studies emerge and public sentiment evolves, regulatory changes are likely to follow. By staying informed, individuals can navigate this dynamic landscape responsibly, ensuring they remain compliant with laws while advocating for reasonable and science-based policies.

Final Thoughts

The regulatory landscape surrounding kratom remains dynamic and complex, reflecting the ongoing debate over its safety, benefits, and potential risks. As the DEA continues to assess its stance, consumers, advocates, and businesses must stay informed to make responsible decisions and engage in meaningful advocacy.

Understanding the nuances of kratom’s legality, both federally and on a state level, empowers individuals to navigate its use safely and effectively. Staying educated and proactive is crucial as the conversation around kratom evolves.

As the dialogue between regulatory bodies and the kratom community progresses, we promise to keep our valued customers in the loop, offering guidance, support, and the high-quality kratom  products you’ve come to expect. 

Read Also:

• Kratom Legality Update: Latest News On Kratom Regulations
• Countries Where Kratom Is Banned: Global Legal Overview
• Is Kratom Considered A Drug? Legal And Scientific Insights

Frequently Asked Questions About Kratom And The DEA

What is kratom?

Kratom, scientifically known as Mitragyna speciosa, is a tropical evergreen tree indigenous to Southeast Asia. It has been used for centuries in traditional medicine to treat various ailments. The leaves contain compounds that can have mind-altering effects, which is why kratom is often used for its stimulant properties in low doses and opioid-like effects at higher doses.

What are the medicinal benefits of kratom claimed by users?

Users of kratom claim that it can help in managing pain, depression, and anxiety.³ Some individuals use it to aid in withdrawing from opioid addiction due to its opioid-like effects.⁴ 

Is kratom legal in the United States?

The legal status of kratom in the United States is complex and varies by state. While it is not federally classified as a controlled substance, several states and local municipalities have imposed regulations ranging from total bans to restrictions on sale and distribution. 

What role do advocacy groups play in the regulation of kratom?

Advocacy groups play a crucial role in the regulation of kratom by lobbying for consumer protections, funding research into its effects and safety, and raising public awareness about the substance. Groups such as the American Kratom Association work to ensure that kratom remains accessible to those who use it for therapeutic purposes while advocating for regulations to combat adulterated and unsafe products.

What are the indications for any future actions the DEA may take regarding kratom?

The DEA continues to monitor kratom and its effects closely, with potential future actions likely to be influenced by ongoing research into its pharmacology, potential health risks, and abuse potential. Public opinion and advocacy efforts also significantly impact the DEA’s considerations and decisions regarding kratom regulation.

What is the current legal status of kratom internationally?

Internationally, the legal status of kratom varies widely. It is entirely banned in countries like Thailand (although the country has recently softened its stance), Malaysia, and Australia, among others. In contrast, it remains legal and relatively unregulated in many European countries. The international legal landscape is continually evolving, with some countries considering stricter regulations due to concerns over health risks and the potential for abuse.

Sources:

1. DEA Announces Intent To Schedule Kratom. (2016). Dea.gov. https://www.dea.gov/press-releases/2016/08/30/dea-announces-intent-schedule-kratom
2. Wing, N. (2016, September 26). Congress Calls Out DEA For Unilateral Move To Expand The War On Drugs. HuffPost. https://www.huffpost.com/entry/congress-kratom-dea-letter_n_57e93743e4b0e28b2b54fe36
3. ‌Hossain, R., Sultana, A., Manit Nuinoon, Kunwadee Noonong, Jitbanjong Tangpong, Kazi Helal Hossain, & Md Atiar Rahman. (2023). A Critical Review of the Neuropharmacological Effects of Kratom: An Insight from the Functional Array of Identified Natural Compounds. Molecules, 28(21), 7372–7372. https://doi.org/10.3390/molecules28217372
4. Prevete, E., Hupli, A., Marrinan, S., Singh, D., Udine, B. D., Bersani, G., Kuypers, K. P. C., Ramaekers, J. G., & Corazza, O. (2021). Exploring the use of Kratom (Mitragyna speciosa) via the YouTube data tool: A novel netnographic analysis. Emerging Trends in Drugs, Addictions, and Health, 1, 100007. https://doi.org/10.1016/j.etdah.2021.100007