NEW MEXICO TARGETS KRATOM, DESPITE LACK OF FORMAL REGULATION OR LAWS

Local kratom bans and restrictions have led to state-wide actions in several states over the past few years. 

New Mexico is the first to experience product seizures at the municipal level, and then move toward modifying state laws. 

What started as enforcement actions in the state’s biggest city has now turned into an awareness campaign by the New Mexico Department of Justice (NMDOJ) as local authorities find themselves caught in a legal gray area surrounding kratom. Now, NMDOJ is seeking feedback from residents about their experiences with kratom as the state wrestles with next steps on how to regulate or potentially restrict access to the plant. 

New Mexico Attorney General Raul Torrez issued a warning to consumers on Nov. 7 based on similar concerns presented by the Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA). The warning did clarify that there are no state-level regulations concerning kratom and products labeled as kratom, and said the agency was focused on “bad actors” in an industry that has been under the microscope of federal agencies for the last decade. 

“As a statewide agency, we’re looking at the broader impact on New Mexicans,” said Torrez. “We want to understand how these products are being marketed, how they have and are affecting consumers, and whether any deceptive or predatory practices are contributing to harm. Our responsibility is to protect all New Mexicans, wherever they live.”

Lack of Legal, Scientific Backing

The only issue with Torrez’s warning is that much of the information and data included was either outdated or contradicted by recent shifts in the perspectives of the agencies cited in the press release. For example, the survey used to estimate the number of kratom users was provided by the FDA in 2021, and data provided by the DEA about the number of consumers who sought treatment after using kratom came from 2022. 

Rather than rely on studies conducted by scientific researchers, and funded by the National Institute on Drug Abuse, the warning instead cites examples that have “been shared on social media” as a warning about the potential pitfalls of an unregulated kratom market.  

What the warning left out is that the FDA recently switched its stance on kratom in the wake of prevailing data and a dosage study on natural leaf kratom. 

Earlier this year, the FDA announced its intention to target 7-hydroxymitragynine (7-OH), an alkaloid that naturally occurs in kratom in trace amounts. That decision came in the wake of some manufacturers beginning to artificially enhance the amount of 7-OH in products labeled as kratom. At the same time, the FDA clarified that they were not targeting natural leaf kratom products. 

The press release from NMDOJ did not mention 7-OH, instead relying on the same talking points that the FDA has used in the past to target any product labeled as kratom. 

Although the press release made it clear that it is seeking to target kratom products, advocates are urging kratom consumers and advocates to reach out to the state and help them understand the prevailing science and data surrounding natural leaf kratom and the risks associated with ‘enhanced’ products posing as natural leaf kratom–especially considering that Torrez made it clear they are searching for feedback to help the state target all kratom products. 

“Consumers should understand that these products can have highly addictive effects similar to opioid narcotics,” Torrez said. “We also want to hear directly from New Mexicans about their experiences with kratom, including those who have already been harmed or sought rehabilitation. Our goal is to ensure families have the facts they need to protect their loved ones.”

Local Actions Against Kratom

The warning from NMDOJ came on the heels of a local campaign against kratom in Albuquerque, the largest city in New Mexico. 

Using the same logic from the FDA, that kratom is not approved as a dietary supplement or food additive, local authorities in New Mexico have begun warning businesses that sell kratom, and subsequently fining establishments that continue to sell those products after being warned. Albuquerque Environmental Health Deputy Director Mark DiMenna told local reporters that the FDA’s lack of approval for the product allows the health department to target all kratom products. 

“Once it has that designation, it means it can’t be used as a food or food additive,” DiMenna said. “Which is the way most people are taking it.”

DiMenna did not cite any specific law or local ordinance that granted the legal authority for such actions, and acknowledged that it’s “unlikely” that kratom itself is the problem, instead highlighting the lack of regulation as the primary concern surrounding kratom products. Even without a direct law targeting kratom, the city sent out notices to licensed businesses that kratom products must be removed from shelves as local and state authorities seek clarity on the situation. 

“We’re not necessarily looking for a long-term prohibition if we could find a way to better regulate it so labeling and manufacturing standards are met better,” DiMenna said. 

Similar to the actions by state authorities, the actions in Albuquerque focus on all kratom products, with no mention of 7-OH or the FDA’s position on the difference between enhanced kratom products and natural leaf kratom.