‘Enormous Confusion’ as Deadline Nears for 7-OH Kratom Ban
/By Pat Anson
Supporters of a DEA plan to classify 7-OH and other concentrated kratom alkaloids as illegal Schedule One controlled substances are worried an impending ban may affect kratom itself.
The American Kratom Association (AKA), a group of natural leaf kratom vendors, led the effort to ban what it calls synthetic kratom alkaloids, claiming they are dangerous “opioid products.”
But now the AKA is worried the DEA scheduling may backfire, saying there is “enormous confusion among some members of Congress and even staff at the DEA” about the differences between natural leaf kratom, 7-OH, and other kratom alkaloids.
At issue is mitragynine pseudoindoxyl, one of many naturally occurring kratom alkaloids. A proposed DEA order would ban all pseudoindoxyl products, which are potent analgesics sold as dietary supplements.
But because there is no current way to measure pseudoindoxyl levels, the AKA is worried that natural levels of pseudoindoxyl will be banned too – in effect a ban on natural leaf kratom.
“That’s part of the problem, the confusion,” explained Mac Haddow, an AKA lobbyist who says a “zero tolerance” approach to pseudoindoxyl could theoretically lead to bans on kratom. He wants a “carveout” for pseudoindoxyl and natural leaf kratom, exempting them from any DEA bans.
“That’s why we made the recommendation to the DEA that they should clarify the distinction. The same kind of carveout for pseudoindoxyl would be appropriate, even though it might not be quantifiable at normal testing levels,” he said.
Haddow blames much of the confusion on 7-OH manufacturers, who say their products are just as natural as kratom.
“The 7-OH that the body metabolizes from a whole leaf product is really indistinguishable from 7-OH that is in a 7-OH product,” says Jeff Smith, Executive Director of the Holistic Alternative Recovery Trust (HART), an advocacy group funded by 7-OH manufacturers.
“I frankly don't understand why the traditional kratom people have pushed so hard (for a 7-OH ban) when their products have to be considered a precursor.”
Kratom comes from the leaves of the Mitragyna speciosa tree in southeast Asia, where it has been used for centuries as a natural stimulant and pain reliever. In recent years, kratom, 7-OH and other alkaloid products have become popular in the United States, where they are used by millions of people to self-treat their pain, anxiety, depression, and substance use problems.
Fearing they may lead to addiction and overdoses, several states and dozens of cities and counties have banned 7-OH sales, and some have included kratom.
The latest example is North Dakota, where the governor today declared a 30-day public health emergency banning all kratom products. Gov. Kelly Armstrong called for a special session of the legislature next month to make the ban permanent under state law.
“Doing nothing is not an option,” said Armstrong. “Right now, it's the Wild West when it comes to kratom and 7-OH sales in North Dakota: no regulations, no age limits, no accountability.
“We’re taking emergency action to press pause and get these products off the shelves until the Legislature can address the issue.”
A nationwide ban on 7-OH may be imminent. The DEA announced last month in the Federal Register that it planned an emergency scheduling of 7-OH products as illegal Schedule One controlled substances, the same classification as heroin and LSD.
The scheduling order could take effect as soon as Wednesday, August 5. That has led to a run on 7-OH products in recent weeks, with 7-OH vendors slashing prices to dispose of as much inventory as possible before the ban takes effect.
