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But when the DEA recently used emergency scheduling authority on kratom, it faced a public backlash that forced it to reconsider its decision. The DEA strongly believes that kratom’s opioid-like effects are sufficient to classify it as a Schedule 1 drug. For many people, though, kratom is not an opioid and is a safe drug with many health benefits.
For users, you can search online for kratom near me and make an order. But for vendors, it is not an easy process to import kratom. Many dealers complain of the DEA seizing their shipment.
Kratom presents a legal dilemma, and in some cases, its legal status lingers in a gray area. It is federally legal but illegal in many states. So, if you are dealing with kratom, what laws should you be familiar with?
Laws You Should be Familiar with When Dealing with Kratom
1. The Controlled Substance Act (CSA)
The Controlled Substance Act (CSA) is a statute that defines the manufacture, importation, distribution, possession, and use of certain chemicals, including narcotics, hallucinogens, anabolic steroids, depressants, and certain stimulants. The objective of CSA is to protect the public from harmful substances. Controlled substances are scheduled to protect public health and safety because they have the potential for abuse and dependence.
CSA provides for five categories of drugs, and when there is potential for abuse or addiction, a drug can be scheduled under any of the five categories. If the drug has a therapeutic and medical value but potentially addictive, the DEA can still schedule it to limit access.
However, scheduling a substance requires clinical trials to determine its potential uses, efficacy, the potential for addiction or withdrawal symptoms. For the DEA to schedule kratom, it must subject kratom to these trials. The government has not conducted any studies on kratom and cannot schedule it under CSA.
2. The Substance Use-Disorder Prevention That Promotes Opioid Recovery and Treatment for Patients And Communities Act
Termed simply as the SUPPORT for Patients and Communities Act, this law contains more than 70 bills that aim to ease the substance abuse epidemic. Why should this interest you as a kratom dealer?
The Act aims to expand access to alternative non-opioid pain management options. This could increase interest in kratom since it is an effective, non-opioid analgesic. The Act also seeks to expand recovery drugs, which kratom could be an option.
3. U.S. Federal Food, Drug and Cosmetic Act
The United States does not produce kratom; so, Kratom vendors have to import their products from Southeast Asia. This subject kratom to the Federal Food, Drug and Cosmetic Act. The Act governs the importation of food products into the United States. Well, kratom is not a food product, but it is shipped as a dietary supplement. The law intends to protect consumers by ensuring that the products you import are safe, sanitary, and labeled as per the FDA-issued guidelines.
4. The Public Health Security and Bioterrorism Preparedness and Response Act
In 2002, the Public Health Security and Bioterrorism Preparedness and Response Act came into law. This law gives the Department of Health and Human Services and the FDA the authority to inspect and determine the safety of all food and food supplements. If you intend to import kratom as a food supplement, you need to inform the FDA prior. You will get an outline of the requirements you must meet before the FAD authorizes your shipment.
5. FDA Food Safety Modernization Act (FSMA)
In 2018, kratom hit the headlines after a salmonella outbreak. The CDC found kratom samples to contain salmonella, leading the FDA to swing into action and seize kratom imports for inspection. But under what authority can the FDA seize your products for fear of contamination? The FDA Food Safety Modernization Act (FSMA) empowers federal regulators to prevent contamination from products entering the country. After the outbreak, kratom imports are under more scrutiny.
6. Fair Packaging and Labeling Act
One of the main concerns FDA has with kratom is labeling. The FDA argues that most kratom products are not correctly labeled. If you do not label your products properly, you may get into problems with the FDA.
The Fair Packaging and Labeling Act is one of the Federal laws governing food products. The FDA provides guidelines for labeling food products and supplements. Your dietary supplement label should be accurate and comply with the rules and regulation provided by the FDA.
You may comply with federal laws, but if kratom is illegal in your state, the federal laws may not help. These complex federal and state laws can complicate the legal state of kratom. In some cases, the Supremacy Clause of the United States Constitution gives federal laws authority over state laws. But that is not the case with kratom.
Click here to read more about Kratom, its history and uses.
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