Kratom and Adjudication


Curious as to the latest and greatest that might be out there concerning the Federal Government’s stance on Kratom. I know the DEA has withdrawn its intent to make Kratom a Schedule 1 drug and established a public comment period, but unsure if the requirements as it pertains to DNI SEADs.


I would say use of any substance to get high…is frowned upon. Kratom, spice, synthetics, actuals…other peoples meds…designer-one molecule-off versions…not good. Federal law must accept use regardless of state laws. Recently Denver submitted a petition to legalize magic mushrooms. Will it be approved? Possibly. But use while in the city would still be a challenge for a clearance. You can be blackmailed if you do not wish to lose your clearance or job…so it raises the risk for you.


Hey amberbunny, agree wholeheartedly. When it comes to adjudicative requirements, federal law will always trump state law. As spice , synthetics and the use of other people’s prescription medications are definitely outlined, Kratom has yet to be scheduled by the DEA. What’s even more challenging, is that it has a half-life of about 42 hours in the bloodstream. Throw on top of that blood and urinalysis testing have yet to come up with a definitive way to find the use of Kratom. Definitely a topic I hope to get some dialog on here.


Kratom can cause effects similar to both opioids and stimulants. Two compounds in kratom leaves, mitragynine and 7-α-hydroxymitragynine , interact with opioid receptors in the brain, producing sedation, pleasure, and decreased pain, especially when users consume large amounts of the plant. Mitragynine also interacts with other receptor systems in the brain to produce stimulant effects. When kratom is taken in small amounts, users report increased energy, sociability, and alertness instead of sedation. However, kratom can also cause uncomfortable and sometimes dangerous side effects. NUFF SAID!


Yep, that is exactly what’s on the Wikipedia and WebMD website. And yet the DEA still wants to put it up for public discussion as to whether or not to make it a schedule 1 substance.


Kratom is considered a supplement right now. You shouldn’t list it.


Here’s the deal as I see it . . . It really doesn’t have to be illegal or restricted to affect your ability to get a clearance. Taking out loans is legal. Even foreclosures are simply a civil legal proceeding. Sex is legal but can still get you into trouble as is gambling and many other activities.

Don’t split hairs. If you are doing this, you are taking a risk.


Ed captured the essence and nuance required. You may not be technically guilty of a specific law. DoD uses the term “substance Abuse.” Why? Because it does not need to be a drug. Abuse of a substance can be a problem.
How? You move to a state, get a mortgage, car payment, etc and a job with a clearance paying decent money… wonderful, great for you. You celebrate with friends and Kratom. Suddenly said “friend” threatens to turn you in. You feel you would lose your job. Income, bankruptcy… Would you be coerced into behavior you would not normally or rationally do. Blackmail is a real threat.


It’s not even just a blackmail issue . . . It’s personal behavior and character issue . . . Guideline H talks about “reliability and trustworthiness”


DEA is required to post everything for public input in accordance with Federal Register. Placing then withdrawing as a Sched I is an action taken to protect the public. DEA subsequently pulled it from Sched I. DEA has also requested that the FDA expedite its scientific and medical evaluation and scheduling recommendation for these substances, which DEA previously requested in accordance with 21 U.S.C. 811(b).[2]


If it is purely legal, and not pulled from shelves…forgive me do you buy this at Walmart or from a guy on the corner? If you need buy the substance from a guy on the corner…you likely have a problem. It isn’t considered above board behavior. SO back to what Ed captured in his follow up.


Great info and collaboration. I brought the topic up as there is a bar/restaurant down here in the Florida area where I live, where you can actually get Kratom served in your tea or coffee. There are also several Vape locations that do Kratom as well. Not illegal yet, and hope it will be soon, but its use needs to be considered just like alcohol abuse.


Initially there was a lot of hubub on synthetic MJ. It technically wasn’t MJ, so it was a loophole. Small mom and pop stores popped up all over rural Virginia. Once they made it not legal, the stores continued to sell and made literal millions. Over time the law caught on and they were shut down and gave up these insane profits. Most of those closed. I have no doubt people will pursue any type of mind altering substance they can find. Those trying to be technical and tell you nothing is wrong…isn’t the best advice. If it can be held over your head it is a concern.