Will Kratom Be Banned in the US?

Kratom is currently legal on a federal level, but how long will it last? Are there plans to ban kratom, or otherwise schedule kratom as a controlled substance?

It's hard to pinpoint exactly when kratom came into the United States. Some believe American veterans of the Vietnam War brought kratom back home with them from Vietnam during the 1970s. Kratom has been gaining in popularity since the 2000s, and becoming more popular than ever in the past five years.

Though kratom is banned in individual states (Alabama, Arkansas, Indiana, Rhode Island, and Wisconsin), counties, and municipalities around the country, kratom remains legal on a federal level.

In 2012, the FDA issued an import alert on shipments containing kratom, giving federal officials the power to seize kratom shipments at the border. Once kratom is in the country, however, it is federally legal to sell, purchase, and possess

In 2016, following a recommendation by the FDA, the DEA announced its intent to classify kratom as a Schedule I substance, citing concerns about its safety and potential for abuse. However, following public outcry and pressure from lawmakers, the DEA withdrew its proposal. This was an historic event, marking the first time the DEA withdrew an announced intention to schedule a substance.

FDA and HHS made further plans to make a recommendation that kratom be banned in the years following its 2016 attempt. In 2017, HHS formally recommended to the DEA that kratom be schedule again.

However, these plans were thwarted on August 16, 2018. Then Assistant Secretary of HHS, Brett Giroir, sent a letter to the DEA that rescinded the ban recommendation based on "new data", "relative lack of evidence" and "potentially substantial risk to public health if these chemicals [mitragynine and 7-hydroxymitragynine] were scheduled". 

Dr. Giroir reiterated in an exchange with former FDA Commissioner Scott Gottlieb that "FDA's recommendation was rejected b/c of embarrassingly poor evidence & data, and a failure to consider overall public health."

In 2023, a federal "bill to protect access to kratom" was introduced in both the US House and Senate. The bill was called the "Federal Kratom Consumer Protection Act". It would require Congress to commission a scientific inquiry into kratom, and require the FDA to post the results of this study on its website. The bill would also require the federal government to regulate kratom like any other dietary supplement. The bill did not get out of committee, however there are plans to reintroduce the bill in 2024.

As far as the public knows, there are no apparent plans to ban kratom on a national level. Federal action on the scheduling of kratom has not occurred, as least publicly, since HHS rescinded its ban recommendation on August 16, 2018. However, this information did not come to light until early 2021.

Should another attempt to place kratom on Schedule 1 of the Controlled Substances Act occur, the public will be notified should the DEA decided to take action.

The process for placing a substance like kratom on Schedule I of the Controlled Substances Act (CSA) involves several steps and typically requires input from multiple federal agencies. Here's an overview of the process:

1. Initial Review and Scheduling Recommendation: The process usually begins with a review by the Drug Enforcement Administration (DEA) or another federal agency, such as the Food and Drug Administration (FDA) or the Department of Health and Human Services (HHS). If these agencies determine that a substance like kratom meets the criteria for placement on Schedule I, they may recommend scheduling it accordingly.

2. Scheduling Proposal: Once a recommendation for scheduling has been made, the DEA publishes a notice in the Federal Register to inform the public of its intent to schedule the substance. This notice includes a summary of the scientific and medical evidence supporting the proposed scheduling action.

3. Public Comment Period: After the notice is published, there is typically a period during which interested parties, including members of the public, advocacy groups, industry stakeholders, and medical professionals, can submit comments and scientific evidence regarding the proposed scheduling of the substance. These comments are taken into consideration by the DEA in its final decision-making process.

4. DEA Scheduling Decision: After reviewing public comments and any additional scientific evidence, the DEA makes a final determination regarding the scheduling of the substance. If the DEA decides to proceed with scheduling kratom, it issues a final rule that formally places kratom on Schedule I of the CSA.