States enact emergency orders on kratom while awaiting federal rules

U.S. states are taking swift action to remove kratom products from store shelves before federal regulations are implemented, with some banning the herb entirely. Massachusetts took the lead on Thursday, designating all forms of kratom as Schedule I substances under state law. This categorization, subject to the strictest controls, also grants local health boards the authority to intervene against stores persistently selling the products.

North Dakota followed suit on August 5, declaring a public health emergency and prohibiting the sale, use, and possession of all kratom products statewide. The state further classified 7-hydroxymitragynine, commonly referred to as 7-OH, as a Schedule I substance for 180 days.

Kratom, a tropical tree native to Southeast Asia akin to the coffee plant, exhibits stimulant properties at low doses and opioid-like effects at higher doses. At lower concentrations, it is found in kratom leaves, yet it can be synthesized in a laboratory and incorporated into various products, such as gummies, tablets, powders, and dissolvable strips.

These concentrated products have been linked to a range of adverse effects, including seizures, hallucinations, dependence, and withdrawal symptoms. Since 2013, Florida medical examiners have documented at least 587 overdose deaths related to these compounds.

Federal authorities, specifically the Drug Enforcement Administration (DEA), have announced plans to temporarily place 7-OH and three related substances in Schedule I. However, this action excludes the kratom plant itself if its 7-OH content remains below specified limits. The DEA's move aims to address the dangers associated with concentrated kratom products, which have been associated with dependence, withdrawal, seizures, hallucinations, and overdose deaths.