From Southeast Asia, the plant Kratom has gained rapid popularity in the United States in recent years, viewed by some as a substitute for pain relief or dietary supplement, and even used as a recreational drug. California recently proposed the AB 1088 bill to strengthen regulation on its potential risks. The bill has overwhelmingly passed in the state assembly and is currently being sent to the senate for review.
Kratom, also known as Kratom leaves, with the scientific name Mitragyna speciosa, is native to Thailand and Southeast Asia. Historically, it has been used by local farmers to boost energy and fight fatigue. However, in the US, Kratom products are sold in the form of tea, capsules, powder, pills, and are commonly found in gas stations, online, health food stores, and smoke shops. According to the Food Drug Law Institute, an estimated 3 to 5 million people in the US currently use Kratom.
AB 1088 was introduced by California Democratic Assembly member Jasmeet Bains on February 20th this year. As an addiction treatment physician, she expressed deep concerns about the abuse of Kratom and its derivative 7-hydroxymitragynine (7-OH), emphasizing that the federal and state governments can no longer ignore this issue. AB 1088 is seen as the first step in protecting the public, especially children, and paving the way for stricter regulations in the future.
Legislative Committee member Lee Shaomin of the California Narcotics Officers Association told Epoch Times that a refined component of Kratom called 7-hydroxymitragynine (7-OH) is extremely toxic, dubbed as the “legal heroin” with potency 30 times that of morphine. Without strict control measures, it poses a significant threat to adolescents and public health.
The US Food and Drug Administration (FDA) issued an import alert on Kratom in 2012, categorizing it as an “unapproved drug,” and placing it on the Import Alert List to prevent its entry into the US without physical examination. The FDA pointed out that Kratom may lead to respiratory depression, hallucinations, delusions, tremors, insomnia, nausea, decreased libido, severe withdrawal symptoms, and even associated with cases of death. In 2014 and 2016, the FDA further expanded import restrictions, implementing stricter control measures on dietary supplements and raw materials containing Kratom.
In 2016, the Drug Enforcement Administration (DEA) considered scheduling Kratom and its components as a Schedule I controlled substance under the Controlled Substances Act (CSA), alongside heroin and LSD, citing Kratom’s “imminent hazard” to public safety. However, with over 140,000 signatures on petitions and congressional pressure, the DEA postponed the decision and opened it to public comments. While the FDA stated in 2018 that Kratom has no medical benefits, is unsafe, and should not be used for medical purposes, as of now, the DEA has not officially classified it and only placed it on the “drug of concern” list for continued monitoring.
Currently, six states (Alabama, Arkansas, Indiana, Rhode Island, Wisconsin, Vermont) and the District of Columbia have implemented total bans on Kratom use, while four local governments, including Sarasota County in Florida, San Diego in California, Jerseyville in Illinois, and Denver in Colorado have also issued prohibitions.
Additionally, West Virginia, Mississippi, Tennessee, New York, New Jersey, Kansas, and Illinois, among 7 states, have relevant bills under review.
Lee Shaomin mentioned that California had proposed a more comprehensive AB 2365 bill, seeking to require Kratom sellers to register, restrict packaging and sales targets, but it was stalled by the House Appropriations Committee. While AB 1088 is relatively simplified, it still presents specific restrictions on four key risks:
1. Prohibition of sales to individuals under 21 years old.
2. Use of child-resistant packaging.
3. Prohibition of marketing targeting adolescents.
4. Limiting the 7-OH content to not exceed 2% of the total alkaloid content in the product.
Lee Shaomin specifically emphasized that the lack of regulation on Kratom in California, coupled with packaging designs that often attract young people, poses a significant risk to the youth. “These deceitful merchants openly sell drugs to children, which is despicable. Parents must be vigilant!” Lee Shaomin urged the public to support the legislation. “Arizona, Oklahoma, Texas, and Utah have successively enacted laws prohibiting products with synthetic 7-OH content exceeding 2% of the total alkaloid content. California cannot lag behind any longer.”
AB 1088 is currently under review in the California Senate. Lee Shaomin urges the public to take immediate action by writing to their respective senators to express support for the bill. You can check your district representative at https://findyourrep.legislature.ca.gov/ and the email format is: Senator.[last name]@senate.ca.gov. ◇