Gov. Newsom’s intoxicating hemp executive order sets precedent in kratom regulation fight

OPINION – Last week, the California Office of Administrative Law signed California Governor Gavin Newsom’s emergency order banning hemp products containing intoxicating cannabinoids.

The new regulations target manufacturers who have exploited legal loopholes to sell hemp products with psychoactive effects such as THC, without distinguishing them from natural, non-intoxicating hemp.

By tightening restrictions and requiring no detectable levels of THC or other cannabinoids in consumable hemp products, Newsom is addressing concerns about the unregulated sale of products with potentially harmful or misleading effects.

I believe this move could inspire similar regulatory actions in the kratom industry, where adulterated products containing high levels of the potent compound 7-hydroxymitragynine (7OH) are being sold alongside natural kratom, leading to confusion and potential safety risks for consumers.

Much like the “intoxicating hemp” industry, certain products containing unnaturally elevated levels of 7OH can mislead consumers into believing they are purchasing kratom.

7OH products are not kratom; they are mis-labeled as kratom and are readily available in convenience stores and smoke shops across California for unwitting consumers to buy. High-potency 7OH products can carry significant risks, especially if used inappropriately. I know the tragedy born out of this kind of confusion firsthand.

My name is David Bregger, and alongside my wife, Nancy, and our younger son, Jeff, we face each day with a profound sense of loss. On August 29, 2021, our oldest son, Dan, passed away because of the combined toxic effects of mitragynine, commonly known as kratom, and diphenhydramine, the active ingredient in Benadryl and various over-the-counter sleep aids.

Dan was seeking a natural remedy for his anxiety, believing he had found a safe solution in kratom. Tragically, he was mistaken.

Dan’s death occurred in Colorado, where kratom is sold in vape stores, convenience stores, and gas stations, often without appropriate serving instructions or warnings. The packaging of these products frequently prioritizes disclaimers over clear information on potential dangers.

One lobbying group notes symptoms of kratom overdose, such as delusions, hallucinations, vomiting, and passing out, but omits the final, most devastating symptom—death.

Alone, Dan could not call for help once he became delusional, hallucinated, vomited, or lost consciousness.

In honor of Dan, I fought tirelessly this year to encourage California legislators to pass kratom regulations in California, which would regulate kratom and ban 7OH products currently on the market. Hampered by a suspiciously high cost-of-regulatory enforcement estimate, the California Senate sent recent legislation (AB 2365) to the dreaded suspense file, where it was quietly shelved.

I will not let this discourage me. My fight for this legislation has not diminished one bit.

Rather than making products inaccessible through bans on a local level, which drives the market underground and exacerbates dangers, kratom should be regulated statewide to ensure safety and transparency for consumers.

Next year, California legislators will have another opportunity to introduce a comprehensive approach to kratom regulation, balancing consumer protections with access to leaf kratom and kratom extracts. I will fight just as hard next year for regulations that I think are absolutely necessary:

Defining Leaf Kratom and Kratom Extracts: Establishing clear definitions to prevent mislabeling and misuse, which is taking place with 7OH products.

Packaging and Labeling Standards: Mandating informative labeling to ensure consumers are fully aware of what they are purchasing and the associated risks.

Age Restrictions for Purchase: Implementing age restrictions to prevent minors from accessing kratom.

Registration and Testing Protocols for Kratom Processors: Ensuring that kratom processors adhere to strict testing protocols to maintain product safety and integrity.

Enforcement Measures and Program Funding: Outlining robust enforcement measures and securing funding for program implementation.

Additionally, the legislation limits synthetic 7-hydroxymitragynine content to 1% of the total alkaloids present in kratom products. This measure aims to safeguard consumers from inadvertently consuming products that diverge from authentic kratom and potentially pose health hazards.

A regulated market would protect the estimated 15 million Americans who use kratom for legitimate purposes, offering them a viable natural alternative. Removing access is a failed approach from the “war on drugs” playbook, harming those who most need help.

In memory of my son Dan and for the safety of countless others who seek relief from anxiety, pain, or other conditions, I implore state legislators to recognize the urgent need for regulation.

Last week’s action in California on hemp has renewed hope that kratom will be addressed in the next legislative session. I will be back fighting for this important legislation.

David Bregger, a retired sales representative in New Hampshire, is the founder of Kratom Kills, a website dedicated to warning consumers about kratom.