Kratom, What’s the Answer? (Part I)
No response, Jul 02, 2008Kratom has been listed on the DEA’s Drugs and Chemicals of Concern list since August 2007. Completely uncontrolled, yet not regulated by the FDA, Kratom leaf has gained a small following in the U.S. over the past decade. During this time, I have read numerous reports of people using Kratom to taper off dangerous illicit and prescription drugs, without the fear of overdose, or risk of serious addiction. If the DEA is watching this plant, which is again currently uncontrolled, there are only a limited number of potential outcomes. The plant will inevitably remain uncontrolled, become illegal, or be decriminalized. This begs the question, what is the purpose of sanctioning Kratom? If we assume the objective is harm reduction, legalization or decriminalization could actually cause an adverse reaction, as witnessed by various other policies concerning soft drugs.
Legalized, Decriminalized, and Uncontrolled.
Before insisting that the illegalization of the Kratom plant would cause more harm than good, let us note the differences between legalized and decriminalized policies, as well as the Kratoms current uncontrolled status. Legalization and Decriminalization are terms often confused when addressing drug policy. While both terms may vary slightly, dependent upon context, there is one major difference that transgresses the discourse.
Legalization is the allowed use and sale of a substance under a system of regulation, much like alcohol or cigarettes; in contrast, decriminalization is a system that simply excludes criminal punishment. For instance, decimalizing the possession of marijuana would not make it legal, but rather, a non-criminal act. Therefore, under decriminalization, possession will not result in an arrest, but can subject a person to monetary penalties, just like a parking ticket. And finally, uncontrolled substances are completely legal to buy, sell, or trade. However, this is assuming they are not being sold as a food, drug, or supplement. If being sold as a food or drug, sales are regulated by the FDA; if being sold as a supplement, it must abide by U.S. supplement laws.
But why do these terms even matter? Well, if the history of drug policy has taught us anything, it is that different substances require varying laws and policies to promote harm reduction and dissuade dangerous cartels or mobs. One only need to look at Prohibition within the United States to realize it fostered the birth of the American Mafia, aided moonshiners, and caused more homicides and deaths than periods of legalized alcohol sale. For alcohol, a decriminalized, illegal, or uncontrolled status would simply not be in the best interest of society; or the well-being of many individuals, who would inevitably be forced to seek out illegally manufactured alcohol. The only responsible answer was repealing the Eighteenth Amendment and returning alcohol to its legalized status. In contrast, the legalization of hard drugs would be disastrous, only proving that different drugs require varied solutions—but more about this next time:
Kratom, What’s the Answer? (Part II)
