Washington State Considers Kratom Ban

Washington State's Pharmacy Quality Assurance Commission has made a formal announcement that it is considering a rule that would make kratom a Schedule I controlled substance.

On August 22, 2024, the commission, a part of Washington State's Department of Health, filed a "Preproposal Statement of Inquiry". This is an official notification of intent to begin the process of Rule Making.

According to the statement:

"The department received a petition from an interested party on June 15, 2024, requesting that the commission classify kratom and its two active alkaloid compounds, mitragynine and 7-hydroxymitragynine, as Schedule I substances. The petition claimed the potential for abuse, lack of accepted medical use, and public health risks associated with use of kratom as justifications for listing kratom as a Schedule I substance."

According to the American Kratom Association, who spoke to public officials, the petition was filed by someone from out of state.

Steps to Outlaw Kratom in Washington State

The preproposal is the first in a three-step process of Rule Making followed by Washington's Department of Health.

The second step is a public comment period, or a "Proposition of rule changes and opportunity to provide formal input". A public hearing is held, where "The department provides stakeholders and interested parties the opportunity to submit formal comments on proposed rules before the department makes a final decision to adopt rules." This will be a crucial step where kratom advocates can make their voice heard.

The third step is the "Adoption of the Final Rule", whereby "the department must consider all formal comments received and must file the adopted rule language with the Office of the Code Reviser".

Rule-Making Authority Varies from State to State

Some states must go through a legislative body to ban substances, but others delegate power to their health departments. The Washington State Pharmacy Quality Assurance Commission has the authority to place substances on Schedule I within the state.

Similarly, in 2018, the Ohio Board of Pharmacy attempted to classify kratom as a Schedule I controlled substance, which would have made it illegal. This move faced significant pushback from kratom users and advocates, and the ban did not go through.

Opioid Overdose Crisis in Washington State

Over the past 15 years, over 17,000 Washington residents have died from drug overdoses, with 68% of those deaths involving opioids. The annual number of opioid overdose deaths has nearly doubled since 2019, rising from 827 deaths to 1,619 in 2021. Fentanyl, in particular, has been a major driver of the recent surge in overdose deaths.

Harm reduction advocates fear that preventing legal access to lower risk, regulated substances - like prescription opioids or traditionally consumed plants - increases the likelihood of overdose death from unregulated illicit substances of unknown strength.

Kratom Regulation Passed in Washington in 2023

The Kratom Consumer Protection Act (KCPA) has been enacted in Washington State in 2023. This legislation aims to regulate the sale and distribution of kratom to ensure consumer safety. Key provisions of the KCPA include:

1. Age Restrictions: Only individuals aged 18 and above can purchase kratom.
2. Product Labeling: Kratom products must have accurate labeling, including ingredients, potency, and potential allergens.
3. Third-Party Testing: Products must undergo third-party testing for contaminants like heavy metals and pathogens to ensure purity and safety.

This regulatory approach aims to protect consumers while allowing the legal sale of kratom in the state.