American Kratom Association Announces Federal KCPA Details Including Lifting The Import Alert, Withdrawing FDA/HHS Schedule I Recommendation, And Allowing Kratom To Be Approved As A New Dietary Ingredient
The American Kratom Association (AKA) held a virtual town hall last night, which can be watched at this link, and during the town hall they announced details regarding the long anticipated Federal Kratom Consumer Protection Act (KCPA).
Mac Haddow, the Senior Fellow on Public Policy at the AKA, explains that the Federal KCPA will do 3 things.
First off, a regulatory review will be initiated on the Food and Drug Administration’s (FDA) position on Kratom. The FDA will be required via a report to Congress to demonstrate what their policy of enforcement will be for Kratom as a dietary ingredient/supplement, and in the meantime the marketing of Kratom products will be allowed.
Further, the FDA has repeatedly turned down applications for Kratom to become a new dietary ingredient (NDI), and the Federal KCPA will take away the FDA’s authority to reject Kratom related NDI applications, since the FDA has abused its authority. After that, if a Kratom manufacturer can demonstrate that their product is safe and follows regulations, then they will be granted an NDI.
Additionally, the FDA and the Department of Health and Human Services (HHS) will be required to remove their recommendation for Kratom to be declared a Schedule I substance. Indeed, even though the DEA did not decide to schedule Kratom back in 2016, the scheduling recommendations remain to this day, and Kratom could technically be declared Schedule I at any time.
The restriction on the FDA and HHS from recommending Kratom to be a Schedule I drug will continue until the National Institute on Drug Abuse (NIDA) can complete their Kratom research, at which point Kratom can only be scheduled if proof is shown that Kratom has a high potential for abuse.
Notably, preliminary animal studies demonstrate that Kratom doesn’t have a high potential for abuse, and the AKA is confident that’s what the NIDA Kratom studies will show once they are complete. Also, it is important to note that the NIDA Kratom studies could take 5-7 years to complete.
Finally, the Federal KCPA will require the Kratom import alert to be removed, and for Kratom imports to no longer be limited in any way, unless the FDA identifies that a specific exporter/shipment is contaminated. Essentially, as of now the FDA has a sweeping Kratom import ban, and the Federal KCPA will shift the burden of proof onto the FDA when it comes to whether specific Kratom imports are unsafe or not.
Aside from all of this, the Federal KCPA will likely have similar statutes to the regular state-level KCPA, which require all Kratom products to be thoroughly lab tested, correctly processed, and properly marketed, in order to ensure that zero adulterated and contaminated Kratom reaches the market.
Thus, the Federal KCPA is incredibly powerful, and if it is passed in its current form it would truly ensure that Kratom is legalized nationwide. That being said, there is a long battle ahead for the Kratom community, and we will collectively have to fight harder than ever to get the Federal KCPA passed.
Follow the American Kratom Association website, and The Kratom Herald, for updates as the Federal KCPA progresses through the legislative process. There will certainly be plenty of calls to actions, and plenty of opportunities, for Kratom Warriors to do their part to ensure the passage of the Federal KCPA, which is a life-saving effort since millions of Americans depend on Kratom as an alternative to dangerous and addictive synthetic opioids and opiates.