Kratom use has blown up in the United States as more and more people are using the natural supplement, looking for ways to increase energy, enhance focus, and lead a more balanced life.
The government has been slow to adjust, however, and seems stuck in limbo figuring out how kratom should be regulated. Kratom consumers need clarity on how kratom products are treated, including whether kratom is classified as a controlled substance.
If kratom is treated as a controlled substance, that means legal restrictions such as gating behind prescriptions, if not outright bans on kratom sales. Read on below to learn about kratom’s legal status, whether kratom is considered a controlled substance, and the legal impact of a controlled substance designation.
What is a Controlled Substance?
A “controlled substance” is a drug or other substance whose manufacture, use, or possession is tightly regulated by the government. Federal and state law designate controlled substances by “schedule,” which loosely sets the severity of regulations and restrictions around the drug.
The schedule of a drug is set based on the government’s evaluation of the drug’s adverse effects, potential for addiction and abuse, and possible use in medicine.
A Schedule I drug is defined as a substance with no known medical applications and a high potential for abuse. Schedule V is the least-severe tier of drugs, those with low potential for abuse and approved practical applications. Depending on the schedule, a drug may be illegal under all circumstances (Schedule I) or legal when prescribed by a doctor.
No Federal Prohibitions on Kratom
Under current federal law, kratom is not defined as a controlled substance. There are no federal laws restricting the manufacture, sale, or possession of kratom. Just about all kratom regulation in the U.S. happens at the state level, which we discuss below.
Federal agencies have indicated an interest in regulating kratom to some degree. Advocacy groups like the American Kratom Association are pushing for national regulations to improve customer safety and clean up inconsistent state laws. So far, movement at the national level has been slow.
In 2016, the Drug Enforcement Agency temporarily banned kratom and actually attempted to label it as a Schedule I controlled substance–tying kratom to hard drugs like heroin and LSD. Advocacy groups and even members of Congress, however, pointed out that that approach was not backed by science, and the effort was scrapped. Currently, the DEA calls kratom a “drug of concern” but has not taken steps to regulate the kratom industry.
Some federal lawmakers have introduced kratom bills to protect access to kratom, but none have yet passed. The industry is changing fast, so keep an eye out for the future of kratom regulation.
Limited FDA Response to Kratom
Like the DEA, the Food and Drug Administration has discussed kratom but has not taken major steps to regulate the kratom industry (even as the AKA has asked the FDA to step in).
Although the FDA has not restricted the sale of kratom, the agency has not approved any drug products containing kratom or its two main active chemical components. Nor has the FDA approved kratom as a dietary supplement or food additive. The agency currently treats kratom as an “unapproved new dietary ingredient.”
Kratom Regulation Differs by State
Although federal law has left kratom largely untouched, many states do have laws and regulations concerning kratom. A number of states have adopted a model kratom law proposed by the American Kratom Association. The law regulates the manufacture, labeling, and sale of kratom products. Its purpose is to promote customer knowledge and safety while allowing the kratom industry to flourish.
State laws and regulations may affect how kratom may be manufactured and labeled, such as restricting the inclusion of other substances, limiting drug concentration, enforcing rules about serving sizes and kratom product labels, or limiting how kratom can be marketed. Many states limit the sale of kratom to customers over the age of 18 or 21, much like alcohol and tobacco.
Some States Have Banned Kratom
Although kratom is legal across most of the U.S., a small number of states treat kratom as a controlled substance and have banned the sale of kratom outright.
Currently, six states have laws banning kratom on the books. One of the six–Vermont–recently took steps to declassify kratom from the controlled substance list and reverse their kratom ban.
Some other states are moving in the opposite direction, with laws pending that could treat kratom as a controlled substance or otherwise restrict kratom sales. The future of kratom in these states will depend on the political landscape.
Check the Law in Your Area
The legal status of kratom is rapidly changing. Most states seem to be embracing the kratom industry and are simply looking to promote customer safety and kratom product integrity. Other states are wary of kratom, however, and are looking to limit or prohibit kratom sales. Some states have competing bills working through the legislature–one bill banning kratom and another embracing but regulating the kratom industry.
Make sure to do your own research about kratom and the controlled substances laws in your area.
If you are passionate about kratom and want to help shape the future of the industry, there are plenty of ways to get involved. Kratom is expanding around the country, and effective advocacy could have a major impact.
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