New York is poised to take a bold step in drug policy reform with the passage of two bills aimed at regulating kratom, a plant-derived substance increasingly used for pain relief and opioid addiction recovery. The legislation, now awaiting Governor Kathy Hochul’s signature, marks a significant shift in how the state approaches harm reduction — prioritizing consumer safety and access over prohibition.
What Is Kratom and Why Is It Controversial?
Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, long used in traditional medicine for its stimulant and analgesic properties. Its leaves contain active compounds like mitragynine and 7-hydroxymitragynine (7-OH), which interact with opioid receptors in the brain to produce pain relief and mild euphoria. While kratom is not classified as an opioid, its pharmacological effects have drawn scrutiny from regulators and public health officials.
The U.S. National Institute on Drug Abuse (NIDA) notes that kratom is increasingly used in the United States to self-manage withdrawal symptoms and pain, though it also cautions that more research is needed to fully understand its safety profile and long-term effects (NIDA).
A Public Health Crisis Demands New Tools
The push for regulation comes amid a worsening opioid crisis. In 2023, more than 3,000 New Yorkers died from opioid overdoses — over eight deaths per day. This mirrors national trends, with the Centers for Disease Control and Prevention (CDC) reporting more than 100,000 drug overdose deaths across the U.S. in recent years (CDC).
While medications like buprenorphine and methadone are widely used to treat opioid use disorder, they are not universally effective or accessible. Many individuals, particularly in rural areas or without insurance, face barriers to care. For them, kratom offers a rare alternative — a non-prescription, plant-based option that can help manage chronic pain or support recovery.
Regulation Over Prohibition
The bills passed by the New York Legislature aim to regulate kratom and 7-OH as consumer products rather than controlled substances. As outlined in a recent Times Union commentary by Jeff Smith, national policy director for the Holistic Alternative Recovery Trust, the legislation would establish age restrictions, prohibit misleading labels, and require product testing to ensure safety and transparency (Times Union).
This approach addresses the core issue: not the compounds themselves, but the lack of oversightthat allows unscrupulous vendors to sell contaminated or mislabeled products. By introducing regulatory standards, New York seeks to protect consumers without criminalizing responsible use.
A Safer Alternative — With Caveats
While kratom’s safety remains under investigation, some data suggests it may be less dangerous than many prescription opioids. Notably, there have been no confirmed deaths attributed solely to 7-OH, and since its increased availability in New York, opioid overdose deaths have declined. Though correlation does not equal causation, the trend supports further exploration of kratom’s potential.
The American Kratom Association (AKA), a leading industry advocacy group, supports regulation and has long called for standards to ensure product quality and consumer safety. The organization maintains that responsible use of kratom can be part of a broader harm reduction strategy (AKA).
The Dangers of a Ban
Some states have opted to ban kratom outright, citing safety concerns. However, such bans may do more harm than good. As the Pew Charitable Trusts has reported, prohibition often drives substances underground, increasing the risk of adulteration and unsafe use while cutting off access for responsible consumers who rely on kratom for legitimate therapeutic purposes (Pew).
New York’s legislation offers a middle path — one that prioritizes regulation and education over criminalization. This model could serve as a blueprint for other states seeking to balance public health concerns with individual autonomy.
The Importance of Scientific Research
Despite growing anecdotal support for kratom, more scientific research is needed to understand its pharmacology, establish dosage guidelines, and define purity standards. The U.S. Food and Drug Administration (FDA) has expressed concerns over unsubstantiated health claims made by some kratom vendors and continues to monitor the substance’s safety (FDA).
At the same time, researchers at institutions like the National Institutes of Health (NIH) are investigating kratom’s potential therapeutic uses. Continued investment in clinical studies will be essential to inform evidence-based policy and ensure that regulation is grounded in science, not stigma (NIH).
Veterans and Chronic Pain Patients Among the Beneficiaries
Among those who stand to benefit most from regulated kratom access are veterans and individuals with chronic pain. The U.S. Department of Veterans Affairs has acknowledged the challenges of managing chronic pain in a population disproportionately affected by injury and trauma. For some, kratom offers a means of relief without the risks associated with long-term opioid use (VA).
By ensuring product safety and legal access, New York’s legislation could provide a safer path forward for these vulnerable populations.
A Call to Action
With the bills now passed by the Legislature, the final step is for Governor Hochul to sign them into law. Doing so would affirm New York’s commitment to harm reduction, consumer protection, and evidence-based drug policy. It would also send a powerful message to other states: that it is possible to regulate emerging substances responsibly, without resorting to fear-based bans.
Conclusion
New York’s move to regulate kratom and 7-OH marks a pivotal moment in the national conversation around alternative therapies and drug policy reform. By embracing regulation over prohibition, the state is taking a thoughtful, science-driven approach to a complex issue — one that prioritizes both public health and individual dignity.
As the opioid crisis continues to claim lives, we cannot afford to ignore any tool that might help. With proper oversight, kratom could be one such tool — and New York has the chance to lead the way.