Georgia set the standard on kratom. Other states should follow

Regulating, not banning, the herb is the smarter move.
Kratom capsules at the June 2021 USA-CBD Expo at the Georgia World Congress Center. (Alyssa Pointer/The Atlanta Journal-Constitution)

Credit: Alyssa Pointer/Alyssa.Pointer@ajc.com

Credit: Alyssa Pointer/Alyssa.Pointer@ajc.com

Kratom capsules at the June 2021 USA-CBD Expo at the Georgia World Congress Center. (Alyssa Pointer/The Atlanta Journal-Constitution)

Georgia is one of many states around the country that has been grappling with questions and controversies surrounding kratom. After a bill to ban the herb stalled last year, the state passed a bill regulating it earlier this year, which Gov. Brian Kemp signed into law.

Meanwhile, in New Jersey, some lawmakers are pushing a bill to ban kratom. In Rhode Island, lawmakers passed a bill to do the opposite: legalize it. But Gov. Dan McKee vetoed the bill. Some cities and towns are making their own moves as well. Chesterfield, Mo., recently voted to regulate kratom.

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All of this comes as kratom is gaining mass market appeal. The global market was estimated at $1.9 billion last year and is expected to reach $5.7 billion by 2030, according to Maximize Market Research.

My position on this is different from what many people expect. A few years ago, I accepted a job as chief executive of a company that sells products with kratom as the primary ingredient. In considering the job and eventually leading the company, I’ve done my best to educate myself about the plant. And I’m all in for regulation. In fact, I believe it’s essential that the federal government do so. It should not be up to states and cities to figure this out on their own.

To understand why, it’s important to take a look at what kratom is. As the The Atlanta Journal-Constitution has reported, it’s a tropical evergreen tree in the coffee family, native to Southeast Asia. Its use in traditional medicine was first documented nearly 200 years ago.

The Food and Drug Administration, in its current guidance, says, “Kratom is often used to self-treat conditions such as pain, coughing, diarrhea, anxiety and depression, opioid use disorder, and opioid withdrawal.” But it also warns that there is a “risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD). In rare cases, deaths have been associated with kratom use, as confirmed by a medical examiner or toxicology reports. However, in these cases, kratom was usually used in combination with other drugs, and the contribution of kratom in the deaths is unclear.”

An estimated 1.7 million Americans use kratom each year, the FDA notes. As the AJC explained, kratom proponents say it’s being “unfairly demonized” and serves as a “good alternative to prescription pain medication for a host of ailments.... They are not opposed to regulation but say that making kratom illegal would fly in the face of common sense — and science.”

Because of the position I hold, I consistently receive unsolicited thanks from kratom users, including veterans with PTSD and physical disabilities, who are grateful for its benefits. I also understand the concerns surrounding the plant, and want to ensure that anyone accessing kratom is doing so with clear health guidance.

The FDA regulates dietary supplements. If kratom were classified as one, the FDA could use established rules to help protect consumers. Some of the rules I feel it’s best to include would be similar to measures in the Georgia law. For example, I support limiting use to people age 21 and over, who are in a better position to make thoughtful and informed choices. I also support labeling requirements with standard serving sizes, a necessity to bring clarity and consistency to users.

I want to see required contraindication warnings, standard metered servings on every unit and more. My company has purchased new packaging to align with this train of thought and will be bringing them to market this quarter. We are also sharing our resources and materials with any industry counterpart at no increased charge. But not every company is choosing to take these kinds of steps.

I’m far from alone. Recently, a team of researchers from Johns Hopkins University School of Medicine, the University of Florida College of Pharmacy and Thomas Jefferson University’s Institute of Emerging Health Professions published a study saying, “The emerging interest and passage of laws at the state level highlights the importance of a national regulatory framework by FDA which has considerable expertise in all aspects of dietary supplement regulation from product performance standards to labeling and warnings.”

In the meantime, I want everyone to get educated. That’s a big reason I’m supporting kratomresearchinstitute.org. As I discussed recently on the podcast They Stand Corrected, the site is rapidly becoming a one-stop shop for people to learn about opposing sides and become as informed as possible.

Many state and city lawmakers are doing their best to address this issue. But as a nation, we have the expertise to create standards. It’s time to end the patchwork of different rules and create federal ones that help people avoid any potential dangers of kratom while also deriving the benefits.

Ryan Niddel is CEO of MIT45.