Is Kratom Legal?

‍Key points:

·       Kratom is legal and accessible in most US states.

·       Kratom is not a controlled substance under U.S. federal law.

·       The FDA maintains that there is insufficient research to ensure the safety of kratom.

·       Kratom is illegal in a handful of states and some localities. States where kratom is illegal include:

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o   Alabama

o   Arkansas

o   Indiana

o   Tennessee

o   Vermont

o   Wisconsin

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What is Kratom?

Kratom is a psychoactive plant native to Southeast Asia. It has a long history of cultural use in its native land, and is now becoming increasingly prevalent in the western world.

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Kratom interacts mainly with opioid receptors in the brain to produce its psychoactive effects. At moderate doses, kratom acts like a stimulant. People in Thailand chew kratom leaves similar to the way we drink coffee in the United States – for a physical and cognitive boost.

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At higher doses, kratom has powerful sedative and pain-relieving effects similar to opioids. It is often touted for its ability to produce opioid-like effects. However, kratom holds other advantages over opioids in that it is easier to access, and generally thought to be safer. Although kratom is known to be addictive, it is nevertheless thought to have less severe withdrawal symptoms compared to opioids.

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Is Kratom Legal?

Kratom is legal for sale in most US states. It is not regulated by the Food and Drug Administration (FDA) under the Controlled Substances Act. For the most part, this leaves it up to individual states and localities to regulate the sale and possession of kratom.

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Although the federal government stopped short of outlawing kratom, there are a few caveats. The official stance of the FDA is that there is still insufficient research on kratom to guarantee its safety. There are no pharmaceuticals or medicines containing kratom or its two main active alkaloids, mitragynine and 7-hydroxymitragynine.

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The Drug Enforcement Administration (DEA) has listed kratom as a Drug and Chemical of Concern. Again, this reflects the fact that there is not enough scientific or clinical data to understand the risks and benefits of kratom.

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In 2016, concern over the lack of research drove the government to place an emergency ban on kratom. That means that kratom temporarily became a Schedule I drug under the Controlled Substances Act. Emergency scheduling means that the drug is immediately classified as a Schedule I drug for a period of two years, while more research is gathered. After two years, the period can be extended, and eventually made permanent if there is sufficient evidence to merit a ban.

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Schedule I means that the drug has no accepted medical use along with a high potential for abuse. Although this is the official status of Schedule I drugs, it is often objectively false. To illustrate this point, here are two other Schedule I substances you might be familiar with: marijuana, and LSD. Both of these have clear and powerful therapeutic benefits.

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In fact, the backlash against the emergency ban of kratom was so strong that the government soon after reversed its decision.

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So, should kratom be legal? It’s a difficult question to answer without concrete data on its effects and safety. But let’s talk about what we think we know.

Should Kratom Be Legal?

Advocates for kratom legalization often point to psychedelics as a historical example. Scientists were in the midst of researching psychedelics like LSD and psilocybin. These drugs showed promising potential as therapeutics for those suffering from physical and psycho-emotional diseases. Psychedelics had the potential to give therapy to people who were suffering, and had no viable treatment options.

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When these substances were banned, research was halted. Although there has been a recent revival, research on these substances is still significantly impeded. Nevertheless, the promising new research gives us a certain insight into the price paid for the last 50 years of illegalization. Psychedelics are emerging as powerful, life-changing drugs for people who are suffering and out of options.

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The fear is that banning kratom outright would essentially repeat the costly mistake that was made with psychedelics.

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Granted, the research on kratom is still on-going. Until there is more data, it is a difficult case to make either way.

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From what we know, kratom could be a safer and more accessible alternative to opioids, particularly for those suffering from chronic pain. Although kratom interacts with opioid receptors, it is not technically lumped in with other opioids. There’s a reason for that, which comes down to pharmacological nuance.

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A report from the World Health Organization indicates that kratom is currently thought to have lower risk potential compared to opioids. One important distinction is that kratom is not thought to pose a risk of respiratory depression. Respiratory depression, or slow and shallow breathing, is a serious complication of opioid overdose. It results in lack of oxygen, and can eventually lead to respiratory or cardiac arrest.

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Another important use of kratom is to help those who are already addicted to opioids, or suffering from withdrawal. That said, it should be noted that kratom also has a high potential for addiction, and can itself induce severe withdrawal symptoms.

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Is Kratom Safe?

There have been sporadic cases of toxicity and fatalities due to kratom use. However, in many cases, these are more likely to be attributed to poly-substance use/abuse. In other words, using kratom in combination with other substances may pose additional dangers. Yet another reason why more research on kratom is imperative.

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Where research is lacking, it is perhaps helpful to look to Southeast Asia, where kratom has a long history of cultural use. In its native land, there is a much lower incidence of severe side effects and fatalities than we see in the West. Researchers have hypothesized three potential reasons for this:

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1.       The mode of ingestion – Traditionally, people in Southeast Asia were more likely to chew on fresh kratom leaves, or consumed boiled kratom tea. In the West, people are more likely to ingest refined or powdered forms of kratom.

2.       Contamination – Kratom from unreliable sources could be contaminated with other harmful substances.

3.       Dosage – In Southeast Asia, where kratom is subject to cultural norms, people may be less likely to overconsume. Whereas, in the West, a lack of knowledge or communication between the buyer and the seller could result in misuse or overdose.

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These ideas are merely speculation. In concurrence with everything else kratom-related, more research is needed to verify.

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Nevertheless, the historical use of kratom in Southeast Asia suggests that kratom can be a safe drug, if used properly. Like all drugs, it also has potential for misuse and abuse.

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As always, if you have any questions regarding kratom or any of our other products, please don’t hesitate to contact us for a free consultation.