The American Kratom Association todayannounced that it has filed federal litigation against the U.S. Department ofJustice, the Drug Enforcement Administration, and DEA Administrator Terrance C.Cole to resolve a critical uncertainty created by DEA's temporary schedulingorder for mitragynine pseudoindoxyl (also known as MGPI or MP), MGM-15, andMGM-16.
The AKA's lawsuit does not seek, in the firstinstance, to invalidate DEA's emergency action against dangerous chemicallymanipulated opioid products. Instead, the lawsuit asks the court to confirmthat the temporary scheduling order does not apply to traditional botanicalkratom products merely because modern testing may detect incidental, naturallyoccurring, or naturally formed trace amounts of MGPI. The complaint expresslystates that AKA is seeking declaratory and injunctive relief to resolve urgentuncertainty created by DEA's order.
“This lawsuit is about making sure DOJ andDEA's stated intent is reflected in the enforceable law,” said Mac Haddow,Senior Fellow on Public Policy for the American Kratom Association. “DOJpublicly recognized that incidental trace MGPI in otherwise botanical kratomshould be treated differently. But unless that policy is incorporated into theactual scheduling order or clarified by the court, consumers and responsiblecompanies remain at risk.”
The DOJ press release announcing the emergencyscheduling action stated that the action is directed at “deliberatelymanufactured and concentrated opioid products, not traditional botanicalkratom.” DOJ also stated that it “will exercise enforcement discretion whenonly incidental trace amounts of MGPI are confirmed in a product otherwiseconsistent with botanical kratom.”
The problem, AKA explained, is that federalenforcement discretion announced in a press release does not bind state andlocal law enforcement agencies, county prosecutors, regulatory inspectors, orevery official who may read the Schedule I listing literally. The DEA orderitself lists MGPI without a corresponding botanical trace threshold, creating therisk that traditional kratom products could be mischaracterized as Schedule Icontrolled substances solely because highly sensitive testing detectsincidental trace MGPI.
“Enforcement discretion is not enough,” Haddowsaid. “A press release cannot protect a consumer from a local arrest, aretailer from seizure of inventory, a laboratory from compliance uncertainty,or a responsible manufacturer from felony-level allegations that DOJ and DEAclearly did not intend.”
The AKA supports the emergency scheduling ofdangerous products containing manufactured, concentrated, fortified,intentionally added, or chemically manipulated MGPI, MGM-15, and MGM-16. Thelawsuit makes clear that AKA does not seek protection for those products anddoes not challenge federal control of intentionally synthesized, isolated,enriched, fortified, or concentrated pseudoindoxyl products.
The complaint explains that mitragynine,7-hydroxymitragynine, and pseudoindoxyl are chemically related, and that tracepseudoindoxyl may arise through the plant's inherent chemistry, ordinarypost-harvest handling, storage, or analytical conditions. AKA argues that tracedetection is not proof of chemical manipulation, fortification, or syntheticmanufacturing.
The solution, AKA said, is straightforward:DOJ and DEA should either amend the temporary scheduling order or accept acourt declaration confirming that traditional botanical kratom is notcontrolled merely because incidental trace MGPI is detected. DEA has alreadyproposed a threshold-based approach for 7-OH products, recognizing the need todistinguish naturally occurring trace levels in botanical kratom from dangerousenhanced and chemically manipulated products. AKA is asking for the samescientifically defensible approach for MGPI.
“This litigation is necessary becauseambiguity in controlled-substance law has real consequences,” Haddow said.“Manufacturers can lose inventory. Retailers can be shut down. Consumers can bethreatened with criminal penalties. Laboratories can be discouraged from usingthe most accurate testing methods. That is not consumer protection — it isregulatory confusion.”
“The American Kratom Association will continueto support strong action against MGPI, MGM-15, MGM-16, and enhanced 7-OHproducts that put consumers at risk,” Haddow said. “But we will also fight tomake sure natural kratom leaf consumers are not swept into a Schedule I regimethat DOJ and DEA never intended for them.”
Aboutthe American Kratom Association
The American Kratom Association is a consumeradvocacy organization committed to protecting access to safe, natural kratomleaf products and advancing science-based consumer protection standards. AKAsupports age restrictions, accurate labeling, contaminant testing, goodmanufacturing practices, and strong enforcement against adulterated,mislabeled, synthetic, semi-synthetic, concentrated, fortified, or chemicallymanipulated products falsely marketed as kratom.
