Opinion
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.
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Im sorry for your loss, but you cannot just outright lie and say 7oh is not kratom. Why would you do that? The national library of medicine AND the national institute of medicine both outline its very chemical structure and where it is derived from, which is kratom. Anyone can see that. Literally anyone, including you, so why would you just lie to everyone like that? As someone who has used kratom to turn my life around after decades of opioid abuse, l am highly offended. Why dont you explain how it has helped millions of people with opiate addiction? Why not tell people that this natural plant which is legally and readily available, helped people get away from the opiate epidemic which the pharmaceutical companies in America created? Can you imagine how many countless lives have possibly been spared from that? Making it illegal will only make addicts search out illegal deadly drugs on the street again. Facts dont care about your feelings.
Kratom doesn’t kill people. Any deaths involve people taking multiple drugs I’ve been taking it for 10 years with no issue whatsoever. It helped me get off heroin and much more harmful opiate medication. It gave me my life back so I can go to school and work. A ban would destroy the lives of people who use it.
Sir, I can respect your loss of your child/son, but I cannot respect your outlook and the direction that you are trying to take your “fight“ your actions are unfortunately lies, and the things that you were trying to prove are only your personal opinions based off of the pain that you’ve had to go through with losing your son. I am 100% can say that your son was not only just on Kratom no one has died just from Kratom or from 7hydroxymitragynine these are facts. The toxicology reports that were found with these victims that had Kratom and their system also had other substances in their system that were either barbiturates opiates and or high amounts of alcohol. I have used Kratom leaf powder for 6 years now and 7oh for a year and both have been lifesavers for me. I never have to worry about overdoing it or taking too much. Being prescribed pharmaceutical opiates is just the opposite. Also, with that being said if 70h where to be taken away, then I could see a lot of people who have turned to this product to get away from using stronger opiates would just go right back to the Black market and the streets and or beg their doctors to prescribe them pharmaceuticals again. This is not what we want. Again, sir I apologize for the pain that you’ve had to go through with losing your son. I could never imagine that type of loss. But taking away millions of people’s medicine that they use daily safely is not going to bring back your son and is not going to change anything. It’s going to make things worse. With this all being said, I plead to those who are trying to ban this beautiful alkaloid to please do their proper research and due diligence before making such rash and irrational decision decisions pertaining to Kratom and 7-hydroxymitragynine. Thank you for reading what I’ve had to write. 🤙✌️