National Map of Kratom Legal Status (retrieved from Speciosa.org)
Federal Legislation Concerning Kratom
Controlled Substances Act
Kratom is currently legal under federal law, although it has been banned in several states (Alabama, Arkansas, Indiana, Tennessee, Vermont, and Wisconsin). The Controlled Substances Act is a threat to Kratom, which allows the DEA to place Kratom into Schedule 1 of the Controlled Substances list. If Kratom is determined to have any medical value, it may be added to a lower Schedule (2-5).
In late August, 2016 the DEA announced through the Federal Register its intention to temporarily place Kratom into Schedule 1 for a period of 2 years. With the help of Kratom advocacy groups, the Kratom community, 49 Congressmen and Congresswomen, and 9 Senators, the DEA removed their intent to schedule Kratom from the Federal Register and opened a period of public commenting. Over 22,000 comments from the public, as well as the scientific and medical communities, were sent to the DEA. The agency is required to read every comment and take each comment into consideration toward their desicion. The DEA also directed the FDA to conduct an 8-point analysis on Kratom; the results will influence the DEA's decision to replace Kratom into temporary Schedule 1 or not. As of July 21, 2017, the FDA has not begun their analysis on Kratom.
SITSA Act of 2017
On June 8, 2017, Senator Chuck Grassley [R-IA] introduced a bill into the Senate, known as the SITSA Act (Stop the Importation and Trafficking of Synthetic Analogs Act). The title of the bill suggests that synthetic drugs are the exclusive focus, however the language of the bill does not specifically state this fact. If passed, the SITSA Act will give the Attorney General the power to permanently or temporarily (5 years) place substances into a newly-created schedule of Controlled Substances; Schedule A. My primary concern with this bill regarding Kratom is this section, which defines what substances qualify for Schedule A: "In General, the drug or substance has an actual or predicted stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in schedule I, II, III, IV, or V."
My concern is there being no clear definition in the law that describes what "substantially similar" actually means, which is the real danger. This phrase is too open to interpretation and without a clear definition, something as vague as Kratom interacting with certain opiate receptors in the brain could be enough to schedule Kratom. But keep in mind that chocolate, sugar, and even breast milk also interacts with opiate receptors. Just because something interacts with opiate receptors, that shouldn't qualify that item to be a controlled substance.
The House version of the SITSA Act has been introduced by Rep. John Katko [R-NY-24] on June 8, 2017. Both versions of the SITSA Act are making their way through the House and the Senate. The American Kratom Association is currently working with legislators to amend the Act to add language which prevents Kratom from being scheduled. They want this Act to exclusively focus on synthetic substances, something Kratom is clearly not. I will add more information to this page regarding the SITSA Act as it progresses.
-Links-
SITSA Act [S.1327] (Senate version) main page: https://www.congress.gov/bill/115th-congress/senate-bill/1327/actions
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