House lawmakers voted to designate the plant-based substance kratom as a hallucinogenic Schedule I controlled substance Tuesday, after narrowly rejecting an amendment to regulate the substance instead. The proposal would make possessing kratom and its synthetic equivalents illegal.
The bill (HF 2133) passed 69-26, with most Democrats and some Republicans voting against. Discussion on the Republican amendment drew lawmakers away from party lines, with many Republicans siding with Democrats in support of the revised proposal, which ultimately failed.
Kratom products are currently legal in Iowa and can be purchased at stores selling smoke and vape products. According to the Mayo Clinic, kratom is sold for its alleged mood-lifting, energy boosting and pain relief properties. The substance is also used as a remedy for opioid withdrawal. According to the Drug Enforcement Administration, kratom leaves can be chewed, smoked, brewed with tea or ingested in gel capsules.
The bill defines kratom as any part of the plant Mitragyna speciosa, growing or not, and synthetic equivalents of substances found in the plant. People possessing kratom would be guilty of a serious misdemeanor on their first offense and could be jailed for up to a year and fined up to $2,560. Further convictions would count as aggravated misdemeanors, then class D felonies.
Rep. Mike Vondran, R-Davenport, managed the bill's passage and said kratom poses public safety and public health risks. He said the substance could be addictive and lead to fatal overdoses.
“Classifying kratom as a scheduled drug is not just a precaution,” he said. “It's a necessary action to safeguard the health and safety of all Iowans, the severe health risks, the out of control availability and the rising public safety concerns demand our immediate attention.”
What is kratom?
According to the DEA, Schedule I is the most stringent categorization for drugs. Substances in Schedule I are classified as having no acceptable medical use and a high potential for abuse. Heroin, LSD, marijuana and ecstasy are categorized as Schedule I substances.
Vondran also read comments he said came from parents of young people who died or were addicted to kratom. One testimony claimed their child died from ingesting kratom powder for pain relief.
The Mayo Clinic states that kratom has not been shown to be safe or treat any medical conditions, although researchers continue to study the substance’s effects. The substance can have side effects, including seizures, confusion and high blood pressure.
Kratom has been linked to a small number of deaths, according to the Mayo Clinic, although nearly all deaths from kratom have involved other substances. The clinic states people can overdose on kratom, but it's rare.
“The current lack of scheduling allows an ever increasing sales of kratom products to Iowans of all ages, often contaminated or adulterated,” Vondran said. "Absent better scientific study and stringent quality control, consumers are left vulnerable to dangerous substances."
Lawmakers opt for a total ban over regulation
Rep. Ray Sorenson, R-Greenfield, proposed an amendment that would replace the bill's language with a proposal to regulate the substance, rather than ban it. The amendment failed 44-51, but had a mix of Republicans and Democrats voting in support.
Sorenson said his proposal would make kratom safer for users, by allowing products to be tested, monitored and restricted. He said prohibiting the substance will push kratom products to the black market, away from regulatory oversight.
“I believe the government has a role in protecting public safety, especially when it comes to minors, but when it comes to adults making decisions about legal products, we should be cautious about expanding criminal prohibitions,” he said. "We need to target the real problem: unsafe products.”
Sorenson’s amendment would have made kratom available only to people 21 and older and added labeling requirements for kratom products. Products would also have to possess a certificate of analysis from a lab and be registered with the Iowa Department of Health and Human Services.
The amendment also would have added regulations for manufacturing and distributing kratom products. It also would have contained penalties for manufacturers who fail to follow the outlined standards.
Vondran urged lawmakers to reject the amendment and claimed organizations that would be in charge of testing, including the American Medical Association, the Iowa Pediatric Society and law enforcement, say kratom is “too hot to handle.”
The proposal next heads to the Senate.
