Washington State’s Pharmacy Quality Assurance Commission is weighing a potential ban on kratom, a plant-based substance often used for pain relief and other therapeutic purposes. On August 22, 2024, the commission, which operates under the Washington State Department of Health, announced its intent to explore classifying kratom as a Schedule I controlled substance. This decision was made public with the filing of a “Preproposal Statement of Inquiry,” marking the start of the rule-making process.
The commission’s action follows a June 15, 2024 petition from an external party urging the classification of kratom’s active compounds, mitragynine and 7-hydroxymitragynine, as Schedule I substances. The petition cited concerns about potential abuse, lack of recognized medical value, and risks to public health. The American Kratom Association pointed out that the petition was submitted by someone from out of state.
The Process of Outlawing Kratom in Washington
This preproposal kicks off a three-step rule-making process by Washington’s Department of Health. The next phase will involve a public comment period, during which stakeholders can provide input on the proposed changes. A public hearing will also take place, giving kratom supporters the opportunity to voice their concerns and potentially influence the outcome.
The final step involves the formal adoption of the rule. At this stage, the department will review all submitted comments before filing the finalized rule with the Office of the Code Reviser.
Varying Approaches to Substance Bans
Across the U.S., states handle substance bans differently. Some require approval from state legislatures, while others give their health departments the authority to schedule substances. Washington’s Pharmacy Quality Assurance Commission has the power to classify substances under Schedule I. Similarly, in 2018, the Ohio Board of Pharmacy attempted to schedule kratom as a controlled substance but faced strong resistance from kratom advocates, ultimately preventing the ban.
Washington’s Opioid Overdose Crisis
The discussion around kratom comes amid Washington’s ongoing opioid crisis. In the past 15 years, over 17,000 residents have died from drug overdoses, with 68% of those deaths involving opioids. Opioid overdose deaths nearly doubled between 2019 and 2021, driven largely by fentanyl. Harm reduction advocates argue that restricting access to safer, regulated substances, such as prescription opioids or natural products like kratom, could lead to more overdose deaths from unregulated, illicit drugs of unknown potency.
Kratom Regulation in Washington
In 2023, Washington State passed the Kratom Consumer Protection Act (KCPA) to address concerns about the unregulated sale of kratom. The KCPA established guidelines to ensure the safety of kratom products and protect consumers. Key provisions of the law include:
- Age Restrictions: Only individuals 18 and older can purchase kratom.
- Product Labeling: Accurate labeling of ingredients, potency, and potential allergens is required.
- Third-Party Testing: Products must undergo testing to ensure they are free from contaminants like heavy metals and pathogens.
By regulating the kratom market, the KCPA aims to provide consumer protection while allowing legal sales of kratom in the state. However, with the new proposal to classify kratom as a controlled substance, its future in Washington remains uncertain.