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1 1 (November 28, 2023)

handle is hein.crs/govennw0001 and id is 1 raw text is: Congressional_______ Research Service Kratom Regulation: Federal Status and State Approaches November 28, 2023 Kratom, orMitragyna speciosa, is a tree related to the coffee plant and is native to parts of Southeast Asia. Peoples indigenous to the tree's range have traditionally consumed the leaves of the tree for medicinal and other purposes. Users report both stimulant and sedative effects, believed to be caused by two compounds in the leaves, mitragynine and 7-hydroxymitragynine. Some commentators have raised safety concerns over kratom use, while others have suggested various beneficial uses. Additionally, some kratom products intended for sale in the United States have been found to contain dangerous contaminants, such as salmonella and heavy metals. Kratom use in the United States has reportedly become more widespread in the past decade, and its regulatory status has been a matter of recent debate. This Sidebar begins by reviewing federal administrative actions relating to kratom before summarizing kratom-focused bills introduced in the current Congress. The Sidebar then describes the various approaches taken by 22 states that have regulated or banned kratom, which may be instructive as Congress considers action on kratom. Executive Branch Actions The Controlled Substances Act (CSA) creates the federal framework for regulating drugs and other substances deemed to pose a risk of abuse and dependence. The CSA divides controlled substances into five numbered lists, known as Schedules IV, with Schedule I status imposing the most stringent restrictions. Congress may modify these schedules through legislation. Congress has also delegated authority to the Drug Enforcement Administration (DEA) to schedule, reschedule, or deschedule substances under the CSA through regulation. In 2016, DEA published notice of its intent to place mitragynine and 7-hydroxymitragynine in Schedule I on an emergency basis, which would have criminalized possession of kratom and made distribution a felony. However, after receiving numerous comments from some Members of Congress, advocacy groups, and others, DEA withdrew that notice. DEA has listed kratom as a Drug and Chemical of Concern but to date has not exercised its authority to schedule kratom or its active compounds under the CSA. Under the Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended, the Food and Drug Administration (FDA) may regulate drugs and dietary supplements sold in the United States. FDA has Congressional Research Service https://crsreports.congress.gov LSB11082 CRS Legal Sidebar Prepared for Members and Committees of Congress

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