Legislators have introduced legislation to regulate kratom across the nation, renewing a similar push that was made in late last session. The Kratom Consumer Protection Act is expected to receive bipartisan support from both chambers.
The measure was sponsored by Utah Republican Sen. Mike Lee. After Congress returns next week, Sen. Cory Booker of New Jersey is expected to join as a sponsor. Booker also sponsored the legislation last year, at the time called the Federal Clarity for Kratom Consumers Act
The newly introduced measure in the House is sponsored by Reps. Mark Pocan, D-WI, and Jack Bergman, R-MI.
Mac Haddow, senior fellow in public policy at the American Kratom Association, and the lead advocate for the bill before Congress, explained that the proposal is the same except for its new name.
In an email sent to Marijuana Moment, he stated that “a properly regulated kratom market will ensure consumer access safe kratom product which are manufactured and labeled properly to inform consumers how to safely use kratom.”
Haddow thanked sponsors of the bill for recognising “that consumers must be protected from an unregulated kratom market where adulteration is frequent, putting consumers at risk of adverse effects and death due to irresponsible substances laced into products.”
Haddow said on social media that the introduction of the legislation was “the beginning of a very significant initiative for the American Kratom Association, and for every consumer advocate in the United States for kratom.”
He continued, “We hope that you and all consumer advocates will join us to correct the path the [Food and Drug Administration] started down to try and ban kratom and regulate it correctly to ensure that Americans can responsibly and safely use the kratom product in the future,”
Exciting news #kratom #federalkcpa#consumerprotection @HaddowMac pic.twitter.com/j8psxvvL3x
American Kratom Association October 7, 2020 HTML0
The bill, if it becomes law would require FDA take additional steps to evaluate health and safety for kratom. It would also prevent the agency from regulating the kratom product in a more restrictive way than the regulations that apply to food and dietary supplements.
The proposal specifically prohibits the U.S. Department of Health and Human Services from imposing kratom requirements that are more restrictive under federal Food, Drug, and Cosmeceutic Act (FDAC) than what is allowed.
The department is also prohibited from “treating kratom or any products derived or containing it as an adulterated food supplement” or “requiring kratom undergo notification requirements as a novel dietary ingredient.”
Another section states that “the [HHS] secretary may not issue or implement an import alert unless he determines there has been a history of adulteration with such kratom, or kratom derivative product.”
The federal legislation also states that it is not intended to “preempt”, or interfere with, the laws of the various state governments. A growing number have passed or are considering measures to regulate and protect kratom.
The HHS Secretary would also be required to convene a minimum of one public hearing in order to discuss the scientific data regarding the risks and benefits to public health from the plant. The hearing must include “leading scientists” and cover topics like the number of Americans using kratom and substance abuse potential. HHS must open a public docket at least 30 day prior to the hearing for people to provide their input.
A “Kratom Task Force” will also be created under HHS to “coordinate kratom research supported or conducted by the Federal Government”.
Within 90 days after enactment of the law, the task force will be required to provide a detailed report detailing all federally funded kratom related research that has been started or completed.
The bill states that “the Kratom Research Task Force will convene public meetings to raise public awareness about the current status of kratom research.” The task force will be disbanded two years after the first report is submitted.
Haddow stated in August that advocates expect to see more support and more sponsors for this year’s Kratom Bill.
He explained that pairing a “very libertarian” and a conservative elected official was meant to show “that this issue is not partisan” but rather “about good policies.”
Booker’s Office did not respond immediately to an email requesting confirmation that he intended to sponsor the bill.
The bills, S.3039 and H.R.5905 are intended to protect consumer access in the face of efforts by FDA to ban kratom. Kratom is used for anxiety and stress management and to reduce opioid withdrawal symptoms. FDA supports banning the substance both in the U.S.
The FDA has been accused of misrepresenting the facts about kratom in order to exaggerate its health risks. For example, it failed to differentiate between health hazards caused by kratom and those caused adulterants that are found in unregulated products.
Jim Carroll, the former drug czar of Trump’s White House, stated that an FDA report presented to his office by FDA in 2018 gave “an incomplete view of what was out there.” implying that kratom lacked any redeeming qualities and was associated with serious injury and harm.
He said that among the myths FDA propagated was the idea kratom has been linked to an important number of deaths. In fact, these deaths were later attributed by hazardous contaminants found in kratom product.
Carroll stated that “FDA didn’t paint the whole picture” at a separate conference earlier this year. He detailed the efforts of federal officials to prevent FDA from trying schedule kratom in the federal Controlled Substances Act. “Maybe the FDA didn’t know everything, but everyone else knew.”
The American Kratom Association’s efforts have focused on state reforms.
Haddow stated in August that 11 states had passed some form of the Kratom Consumer Protection Act, model legislation supported AKA. In some instances, lawmakers have even reversed bans and embraced regulation instead of banning kratom.
AKA’s model law for states establishes a minimum purchase age of 18 (though some have increased it to 21), prohibits adulterants and “any artificially enhanced alkaloid content,” and requires manufacturers to register with the appropriate regulatory authority. It also creates standards regarding packaging and labeling.
Pocan, who is the sponsor of this new legislation in Congress, has been a especially strong advocate for kratom-related research and stressed its therapeutic potential.
He stated that the National Institute on Drug Abuse funded research on the plant and that it had “helped many to get off opioids”.
Last year, the National Institutes on Health hosted a conference to explore the therapeutic possibilities of this “controversial” tree. An expert gave an overview of kratom science and the role it can play in reducing the overdose crisis.
The United Nations World Health Organization decided to not recommend a global ban on kratom by 2021, a major victory for activists.
The decision was made based on an analysis of the scientific evidence of the potential for abuse, dependence and therapeutic uses of kratom. However, the advocates emphasized that more than 80,000 people had submitted comments , sharing their experiences and perspectives .
As of now, kratom does not fall under the federal Controlled Substances Act or any international drug treaties that the U.S. has signed. FDA considered placing restrictions on this substance but faced opposition and was unable to at this time.
In adopting new drug policy positions in July, the American Medical Association stated that “people who use kratom for personal purposes should not be penalized.” However, they added that authorities should evaluate the substance “for its suitability for sale, and possible oversight via the Controlled Substances Act before it can be sold, purchased, prescribed, or marketed.”
In 2021 Lee, Pocan and other officials sent a letter last year to the Secretary of HHS and to the ambassador to the United Nations. They asked the officials to resist attempts by to ban kratom .
The federal Agency for Healthcare Research and Quality, AHRQ, asked the public in 2020 to identify research that specifically examines the risks and benefits associated with cannabinoids and Kratom.
As part of a public solicitation, the Centers for Disease Control and Prevention received over 1,000 comments about kratom in 2020.
California Governor Newsom Vetoes the Legalization of Psychedelics, But Calls for a New Bill on Therapeutic Access Next year
Image courtesy of . Wikimedia/ThorPorre.
The article Bipartisan Congressmen Introduce New Bill to Regulate Kratom Nationwide first appeared on Marijuana Moment.
