Is Kratom a Schedule One Drug?

Do you enjoy using kratom? Considering adding this natural herb to your supplemental routine? If so, you might have questions or concerns about whether or not Kratom is a Schedule One drug (something that would make it illegal without a prescription).

Let’s get the obvious out of the way first. No, kratom is not a schedule one drug, however, kratom has a storied past with US Federal regulators (including the DEA, who once initiated ‘Scheduling’ kratom but later backed out due to public outrage).

In this guide, we explain why the DEA has considered making kratom a schedule one drug, how ‘drugs’ are scheduled, and kratom legality now and in the future. If you are more interested in the differences between the strains you can read out the latest article: Differences in Kratom Strains.

Understanding Controlled Substances and Kratom’s Role

In the USA, the federal government regulates drugs through legislation, specifically the Controlled Substances Act. As far as regulation and enforcement is concerned, the federal government has largely passed the buck on to the Drug Enforcement Agency (DEA).

The DEA’s Role

The DEA is the federal agency that can initiate a ‘schedule’ on a drug. How does the DEA determine what substance should be scheduled and what should be left off?

The first question used as the litmus test is whether or not the substance has the potential for abuse. If the answer is ‘yes’, the substance can be scheduled.

The next questions the DEA asks about the substance include:

• Does the drug have medical value
• What is the relative potential for abuse

The answer to these two questions is used to determine where on the scheduling scale the drug will be classified (i.e. Schedule I, II, II, etc).

Intentionally Ambiguous Definition of Abuse?

One notable absence from what is usually very clearly and specifically defined terms, is a clear-cut definition by Congress of what ‘abuse’ means in the context of classifying drugs.

This gave the DEA significant leeway in making their own (sometimes biased) opinions on substances. That said, generally speaking, they lean towards saying a drug has the potential for abuse if it is used recreationally and could cause a hazard to personal or public health.

Medical value, on the other hand, can only be determined for those substances or drugs that have undergone large-scale clinical trials.

This poses significant challenges for herbs and botanicals such as kratom, which have not undergone such types of clinical trials.

Understanding Scheduling 

Schedule I

Those drugs determined to have a high potential for abuse with no medical value, are defined as a Schedule 1 substance (the ‘worst’ classification). 

But this is a bit misleading. For example, back in August of 2016, the DEA wanted to classify Kratom as a Schedule 1 drug. But the problem is that in order for them to determine it has no medical value, they have to back that up with data from large scale human clinical trials…of which there are none. This, combined with large-scale backlash from the public, eventually led them to back down from this decision.

Schedule II Through V

Drugs placed into these schedules are determined to have some potential medical value, but differ largely based on their potential for abuse (from highest to lowest).

Where Does this Leave the Status of Kratom? 

Given that the US government has never conducted clinical trials on the compounds responsible for kratom’s effects, they are not in a position to say it has any medical value. In fact, currently, the government asserts that kratom has NO medical value…which technically is correct given that they have no clinical trials to show that it might.

For kratom to be considered a ‘drug’, under the current legal definition it must be an article “…Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and as articles intended to affect the structure or any function of the body of man or animals.”

If Kratom Is NOT a Schedule One Drug or Controlled Substance…what is it???

A Dietary Ingredient

Given that kratom has not undergone any official clinical trials, under the FDA (Food and Drug Administration), the Federal Food, Drug and Cosmetic Act classifies Kratom as a ‘new dietary ingredient’.

According to the FDA, in 2016 they concluded that “Kratom is a botanical [compound] that qualifies as a dietary supplement under…the Federal Food, Drug, and Cosmetics Act.”

If Kratom Isn’t a Schedule I Drug, Is it Legal Everywhere?

This is where things get a little complicated. As it stands today, in the USA kratom legality has been left up to the discretion of each individual state. Beyond that, some cities and counties in ‘legal’ states have opted to ban the sale of kratom.

There are Currently Six States where Kratom is Illegal:

• Alabama
• Arkansas
• Indiana
• Rhode Island
• Vermont
• Wisconsin

Two Counties in the USA Where Kratom is Banned

• Franklin County, New Hampshire
• Sarasota County, Florida

The Future of Kratom – anyone’s guess, but we think it looks bright 

The people have spoken. Loudly. The DEA listened and retracted their initiative to classify kratom as a Schedule I drug (for now at least). Since that time, this herb has spiked in popularity, with nearly 15 million users in the USA alone.

With millions around the world reporting the positive ways that kratom has improved their lives and well-being, we think kratom is here to stay.