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The Other Side of the Schedule 3 Story

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The other side of the story: Schedule III from a former DEA official

 

Readers know I’ve mostly argued hard against rescheduling cannabis to Schedule III instead of fully descheduling. I’ve seen it as a sneaky way to keep prohibition harms to benefit pharma profits over public health. But keeping an open, ethical perspective means questioning your own assumptions. However convincing we sound to ourselves, truth comes from good faith back-and-forth, not ignoring folks who disagree.

 

So when a former DEA lawyer recently argued Schedule III could ease some restrictions without kicking off more enforcement, the nuance demanded attention. My gut still recoils at frames accepting arbitrary federal controls over safer stuff than legal alcohol. And the money conflicts letting suffering go on require no debate here.

 

However, progress lies not in louder fist pounding from trenches but building understanding bridges spanning divides. If rescheduling aspects could concretely better real lives for the unjustly jailed while avoiding extra opioid-style fallout, it merits consideration. The people deserve relief by any ethical means necessary.

 

Thus today we’ll explore in depth this different view on possible cannabis scheduling shifts, weighing claims around lower risks and symbolic wins against lingering worries like fairness and access. I stay skeptical, but open to where facts and reason lead. The issues matter more than ideology or identity.

 

By shining light from all angles to catch blind spots, perhaps some agreement emerges on acceptable middle stages between descheduling fully and endless Schedule I misery. My aim is neither slamming other views nor boosting any one stance, but clarifying whatever enables living freely as responsible adults. If that demands updating assumptions, so much the better to lose outdated dogmas.

 

So let’s dive in openly and see where nuanced thinking guides us. The truth hides from no honest perspective genuinely seeking to end needless suffering. Where facts and compassion meet, locked doors open. I welcome being proven wrong in the service of right.

 

 

 

NOTE: I have taken the same questions from the original POLITICO article, and summarized the points and added my own thoughts.

 

According to former DEA official Howard Sklamberg, the cannabis rescheduling process involves multiple government agencies before final determination. First, the FDA conducts a scientific and medical evaluation, then provides a scheduling recommendation to Health and Human Services (HHS). If HHS agrees, they pass the suggestion to the DEA, which makes the ultimate scheduling decision under authority of the Controlled Substances Act.

 

Sklamberg explains that once the DEA gets the rescheduling recommendation, they undertake an administrative process allowing for public hearings and comments. By statute, the DEA must defer to the FDA and HHS’s scientific and medical determinations. However, they may consider other factors in their final policy decision beyondphysical and mental health effects.

 

From the perspective of this commentator, the convoluted bureaucracy described elicits skepticism. Relegating decision-making to unelected agency technocrats contradicts principles of democratic accountability. And opportunities for industry lobbying look rife within opaque machinations happening almost entirely behind closed doors on such a culturally-charged issue. It appears a formula enabling institutional inertia serving elite special interests rather than voters.

 

I question the wisdom of granting overriding deference to agencies like the DEA regarding a substance less harmful than alcohol, as policies enacted through this anti-democratic process led us to the disastrous status quo in the first place. Such a framework cannot inspire public confidence in equitable outcomes, only procedural theater ignoring common sense and popular will.

 

 

When asked whether the DEA must accept HHS’s scientific recommendation or could diverge, Sklamberg clarifies some nuance. While the DEA cannot override or ignore the medical and scientific rationale behind rescheduling, they may consider additional factors beyond health in their policy decision-making. So if HHS provides documentation that cannabis no longer meets Schedule I criteria per relevant research, the DEA cannot claim contrary scientific opinions but could cite other concerns leading them to alternative actions.

 

Sklamberg notes the DEA has never rejected an HHS scheduling suggestion historically. He considers it unlikely now but admits anything remains possible. This supposedly strict deference sounds proper in theory for impartiality.

 

However, from this commentator’s lens, additional loopholes and ambiguity in processes (like unspecified “other factors” the DEA may invoke to ignore science-based recommendations) reinforce perceptions of an institutional captured environment biased toward prohibition. What constitutes legitimate rationale beyond medical science gets decided behind the pine curtain rather than democratically.

 

Bureaucratic discretion creates one-way ratchets upholding status quos against change. And vague decision criteria north of transparent invite more capriciousness retaining reactionary policies despite facts. Such frameworks offer staging rather than solutions to long broken systems. The people deserve better.

 

 

When asked about fears of increased enforcement crackdowns on state cannabis programs if marijuana gets moved to Schedule III, Sklamberg dismisses the concerns as “particularly illogical.” He argues rescheduling to recognize reduced health risks would not spur sudden policy reversals toward aggressive policing of existing industries previously tolerated.

 

However, history shows assuming government agencies consistently act logically rather than under shifting political incentives risks naivety. IRS tax policies and reporting rules offered tools taking down Capone after other charges failed. And the federal Controlled Substances Act itself emerged in reactionary political moments, not as scientifically objective solutions.

 

Regulatory policies frequently get weaponized for unrelated aims when incentives align. And vague technical compliance matters routinely enable targeting disfavored groups when enforcers cannot directly attack them otherwise. So while rescheduling itself may not automatically modify the enforcement calculus, it could still provide tools indirectly achieving similar agendas if certain factions wished it.

 

This is not to claim some conspiracy orchestrating cannabis crackdowns. But citizens have seen segmentation of markets to protect establishment interests when disruptive innovations appear. It seems reasonable guarding against more subtle maneuvers indirectly attacking legalization’s gains to favor special interests, even if not through direct DEA raids. A new positive sounding step could still hide mechanics carrying unintended consequences absent equal application of laws. Cynicism remains warranted.

 

 

When asked about worries over the FDA regulating state cannabis programs more under Schedule III, Sklamberg admits the technical power already exists but questions why rushing to use it would happen without past action, regardless of schedule. He also cites limited resources preventing huge federal enforcement beyond symbolic slaps.

 

But this Commentator considers those assumptions around steady priorities and funding only apply in stable times. Today’s social and political mood feels anything but predictable, with radical views gaining ground and economic instability challenging budgets. What seems farfetched now could reshape fast under populism or more reefer madness.

 

Remember sudden federal finance moves weaponizing banks and IRS against gun owners and others. Official powers often expand quickly post-crisis to consolidate power and distract citizens from failures of leadership causing turmoil in first place. Assuming best case stability and enforcement logic feels naive given past pretext switcheroos.

 

While FDA takeovers of existing cannabis infrastructure stay unlikely, rule churns and selectively targeting certain producers to complicate operations can’t get ignored. Complication tripping up less sophisticated players advantages corporate interests, which is sometimes the underlying tactical goal beyond just direct control through blanket burdensome policies doomed in court. Impartiality stays dream despite best intentions.

 

 

When asked about worries over Big Pharma co-opting cannabis after potential rescheduling, Sklamberg doubts major takeovers of existing operators, though acknowledges clinical trials and FDA approvals could develop for targeted medications. However the time and costs likely limit sweeping change. He believes the current landscape would persist alongside prescription cannabis drugs covered by insurance if economically viable.

 

This commentator agrees major disruption seems unrealistic given the wide array of recreational goods, the entrenched industry and continuing non-medical demand. However, Pharma influence on regulators and lawmakers still poses concerns if it translates into rule changes disadvantaging small providers to inflate corporate strongholds.

 

Past registration expenses or restrictions on treats like edibles could hit smaller entities lacking armies of lawyers and lobbyists to contest barriers or pay tolls. So while full scale takeovers appear unlikely, backdoor efforts cementing moneyed establishment factions above home grower markets warrants vigilance. Segmentation serves corporate appetites.

 

Frankly the plant’s very nature resists complete usurping into top-down monopolies, and citizens tend embracing traditional use rights if pushed excessively by officious commercial or regulatory interests. But decentralized markets thrive on freedom from meddling overseers, so scrutiny endures over ongoing independence versus consolidated creep post-rescheduling. Big pharma may enhance lives through medicine, yet must be barred from definitional limiting access from less toxic non-medical applications.

 

 

When asked whether Schedule III status would ease research roadblocks, Sklamberg acknowledges some hurdles lowered but maintains significant time and monetary barriers regardless. On benefits for the cannabis industry, he highlights pivotal tax code changes enabling normal business expense deductions previously blocked under Schedule I. Beyond finances, he considers rescheduling largely symbolic however.

 

This commentator concurs that the tax implications could provide substantial relief on burdensome policies that intrude on enterprise viability. And even symbolic wins matter to broader public acceptance. However, the lingering reality of operating within a federally prohibited environment means fundamental instability and hardship continue haunting businesses compared to fully legalized goods.

 

Rescheduling can’t conjure the banking accessibility, investment opportunities and transparency available even in “vice” industries like alcohol or tobacco. And the technical illegality sticks firms in limbo between worlds, meaning hassles and stigma persist. So whileSchedule III brings selective progress, it seems a band-aid on the inherent unworkability of trying to scale obstructed, banned-yet-tolerated markets. It puts lipstick on a pig yet leaves the underlying absurdities.

 

True normalization likely requires Congress passing comprehensive laws around cannabis rather than technocratic agency maneuvering. But tax relief does assist provided the incremental change prefigures more transformational freedom down road.

 

 

When asked whether moving cannabis to Schedule III affects criminal penalties around federal marijuana enforcement, Sklamberg indicates distribution remains illegal akin to Schedule I, while noting federal action stays rare compared to state and local policing.

 

This commentator agrees clear prosecutorial changes seem unlikely given existing rarity of federal charges for simple possession absent broader trafficking concerns. However, the question of equity persists around leaving small operators under intensified scrutiny unable to navigate complex compliance burdens like taxes, regulations and corporate competition barriers.

 

While rescheduling offers no direct sentencing relief, the shift from illegality frames could trickle down discouraging local charging for minor offenses currently considered moral indicators of degradation. Then again perhaps removal from DEA’s exclusive “no medical value” Schedule I classification cuts arguments against state social justice efforts like convictions expungement, reentry programming or community reinvestment.

 

The devil lurks in details left unaddressed. But optics guide outcomes, so watching messaging around enforcement intents and demographic consequences matters greatly. Schedule III walks a tightrope between signaling tolerant evolution and reaping lopsided advantages to establishment factions at the roots. The now unmentionable C-word – corporate cannabis – lingers chiefly as priority, not populace. Tensions surely mount on greed vectors.

 

 

When asked about fully descheduling cannabis through rescheduling procedures, Sklamberg considers it highly unlikely given restrictions around approving substances with any abuse potential under the CSA. Regarding timelines, he guesses Schedule III action may arrive mid-2023 based on past patterns of election-year politics influencing policy moves.

 

This commentator remains less confident on precise timetables given fractious politics and conflicting state/federal motions. But the desire for pre-election wins aligned to public opinion makes 2023 plausible if bureaucratic entities coordinate efficiently.

 

However, the considerable red tape detailed seems purpose-built to undermine rapid shifts against engrained interests. And the administration appeared caught flat-footed by initial descheduling media leaks, suggesting low eagerness for action. Descheduling always faced longer odds for threatening too many pillars of the prohibition-industrial complex; half-measures like Schedule III divert just enough pressure to sport progress.

 

Cynics expect more paralysis by analysis with weighty declarations awaiting endless further research. That pattern looks all too familiar after decades of bad faith arguments by agencies benefiting mightily from inertia. Perhaps political and economic instability forces hands toward less authoritarian leverage over free markets and free people making autonomous choices conflicting with technocratic worldviews. But given past behaviors, this Commentator braces for stonewalling despite any facade agreements on need for change.

 

 

It’s important to learn from others. I think that Sklamberg hit many things right on the nose, and others I believe his lifelong affiliations with the system blinds him from the bad faith and corruption that lingers at the top.

 

One thing is certain, the writing is on the walls. Cannabis is here to stay, but how that will look is anyone’s guess. If there’s one thing I learned is that these days making predictions about things is a fools game. I personally sit back and just watch the game unfold, and at the end of the day, I just play my own game.

 

What’s your thoughts on it all?

 

SCHEDULE 3 WINNERS AND LOSERS, READ ON…

SCHEDULE 3 WINNERS AND LOSERS

WHO WINS AND LOSES ON A CHANGE TO SCHEDULE 3 FOR WEED?



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Webinar Replay: Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em

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On Thursday, November 7th, Vince Sliwoski, Aaron Pelley and Fred Rocafort held a post election discussion “Post-Election Cannabis Wrap – Smoke ’em if You’ve Got ’em”. Watch the replay!

Key Takeaways from the “Smoke ’em if You’ve Got ’em – 2024 Post Election Cannabis Wrap” Webinar:

  1. Panelists:
    • Vince Sliwoski: Oregon Business lawyer specializing in cannabis and commercial real estate.
    • Aaron Pelley: Experienced in cannabis law since Washington’s legalization in 2012.
    • Fred Rocafort: Trademark attorney working closely with the cannabis team.
  2. Election Results Overview:
    • Most 2024 cannabis ballot measures did not pass.
    • Florida, South Dakota, and North Dakota saw failures.
    • Nebraska became the 39th state to legalize cannabis for medical use when it passed two cannabis initiatives, Initiatives 437 and 438.
  3. Federal and State-Level Developments:
    • Medical use is currently legal in 38 states, and 24 states allow recreational use.
    • Republican support for marijuana legalization is growing.
  4. Federal Policy Implications:
    • Schedule III Rescheduling: The process to move cannabis to Schedule III is ongoing, which could significantly impact the industry.
    • Importance of Federal Appointments: The future of cannabis policy depends heavily on who is appointed to key positions in the administration.
  5. International and Domestic Trade:
    • Schedule III status could ease import/export restrictions on cannabis.
    • Unified control of House, Senate, and presidency might expedite legislative progress.
  6. Economic and Industry Impact:
    • Cannabis stocks experienced volatility post-election, reflecting investor uncertainty.
    • Federal legalization and banking reforms are crucial for industry stability and growth.
  7. Future Outlook:
    • The potential for federal rescheduling remains strong, with hearings scheduled for early 2025.
    • State-level initiatives and regulatory developments will continue to shape the industry.

Watch the replay!



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I Had Just One Puff

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“How Long Does One Puff of Weed Stay in Your System?”… This topic can be difficult to answer since it is dependent on elements such as the size of the hit and what constitutes a “one hit.” If you take a large bong pull then cough, it might linger in your system for 5-7 days. A moderate dose from a joint can last 3-5 days, whereas a few hits from a vaporizer may last 1-3 days.

 

The length of time that marijuana stays in the body varies based on a number of factors, including metabolism, THC levels, frequency of use, and hydration.

 

Delta-9-tetrahydrocannabinol, or THC, is the primary psychoactive component of cannabis. THC and its metabolites, which remain in your body long after the effects have subsided, are detected by drug tests.

 

Since these metabolites are fat-soluble, they cling to bodily fat molecules. They could thus take a while to fully pass through your system, particularly if your body fat percentage is higher.

 

THC is absorbed by tissues and organs (including the brain, heart, and fat) and converted by the liver into chemicals such as 11-hydroxy-THC and carboxy-THC. Cannabis is eliminated in feces at a rate of around 65%, while urine accounts for 20%. The leftover amount might be kept within the body.

 

THC deposited in bodily tissues ultimately re-enters the circulation and is processed by the liver. For frequent users, THC accumulates in fatty tissues quicker than it can be removed, thus it may be detectable in drug tests for days or weeks following consumption.

 

The detection time varies according to the amount and frequency of cannabis usage. Higher dosages and regular usage result in longer detection times.

 

The type of drug test also affects detection windows. Blood and saliva tests typically detect cannabis metabolites for shorter periods, while urine and hair samples can reveal use for weeks or even months. In some cases, hair tests have detected cannabis use over 90 days after consumption.

 

Detection Windows for Various Cannabis Drug Tests

 

Urine Tests

Among all drug tests, urine testing is the most commonly used method for screening for drug use in an individual.

 

Detection times vary, but a 2017 review suggests the following windows for cannabis in urine after last use:

 

– Single-use (e.g., one joint): up to 3 days

– Moderate use (around 4 times a week): 5–7 days

– Chronic use (daily): 10–15 days

– Chronic heavy use (multiple times daily): over 30 days

 

Blood Tests

Blood tests generally detect recent cannabis use, typically within 2–12 hours after consumption. However, in cases of heavy use, cannabis has been detected up to 30 days later. Chronic heavy use can extend the detection period in the bloodstream.

 

Saliva Tests

THC can enter saliva through secondhand cannabis smoke, but THC metabolites are only present if you’ve personally smoked or ingested cannabis.

 

Saliva testing has a short detection window and can sometimes identify cannabis use on the same day. A 2020 review found that THC was detectable in the saliva of frequent users for up to 72 hours after use, and it may remain in saliva longer than in blood following recent use.

 

In areas where cannabis is illegal, saliva testing is often used for roadside screenings.

 

Hair Tests

Hair follicle tests can detect cannabis use for up to 90 days. After use, cannabinoids reach the hair follicles through small blood vessels and from sebum and sweat surrounding the hair.

 

Hair grows at approximately 0.5 inches per month, so a 1.5-inch segment of hair close to the scalp can reveal cannabis use over the past three months.

 

Factors Affecting THC and Metabolite Retention

 

The length of time THC and its metabolites stay in your system depends on various factors. Some, like body mass index (BMI) and metabolic rate, relate to individual body processing, not the drug itself.

 

Other factors are specific to cannabis use, including:

 

– Dosage: How much you consume

– Frequency: How often you use cannabis

– Method of consumption: Smoking, dabbing, edibles, or sublingual

– THC potency: Higher potency can extend detection time

 

Higher doses and more frequent use generally extend THC retention. Cannabis consumed orally may remain in the system slightly longer than smoked cannabis, and stronger cannabis strains, higher in THC, may also stay detectable for a longer period.

 

How Quickly Do the Effects of Cannabis Set In?

 

When smoking cannabis, effects appear almost immediately, while ingested cannabis may take 1–3 hours to peak.

 

The psychoactive component THC produces a “high” with common effects such as:

 

– Altered senses, including perception of time

– Mood changes

– Difficulty with thinking and problem-solving

– Impaired memory

 

Other short-term effects can include:

– Anxiety and confusion

– Decreased coordination

– Dry mouth and eyes

– Nausea or lightheadedness

– Trouble focusing

– Increased appetite

– Rapid heart rate

– Restlessness and sleepiness

 

In rare cases, high doses may lead to hallucinations, delusions, or acute psychosis.

 

Regular cannabis use may have additional mental and physical effects. While research is ongoing, cannabis use may increase the risk of:

 

– Cognitive issues like memory loss

– Cardiovascular problems including heart disease and stroke

– Respiratory illnesses such as bronchitis or lung infections

– Mood disorders like depression and anxiety

 

Cannabis use during pregnancy can negatively impact fetal growth and development.

 

Duration of Effects

Short-term effects generally taper off within 1–3 hours, but for chronic users, some long-term effects may last days, weeks, or even months. Certain effects may even be permanent.

 

Bottom Line

The amount of time that cannabis remains in your system following a single use varies greatly depending on individual characteristics such as body fat, metabolism, frequency of use, and mode of intake. Frequent users may maintain traces of THC for weeks, whereas infrequent users may test positive for as little as a few days. Hair tests can disclose usage for up to 90 days, while blood and saliva tests identify more recent use. Urine tests are the most popular and have varying detection durations. The duration that THC and its metabolites are detectable will ultimately depend on a number of factors, including dose, strength, and individual body chemistry.

 

PEE IN A CUP COMING UP, READ ON..

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HOW LONG DOES WEED STAY IN YOUR URINE FOR A DRUG TEST?



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Is Kratom Addictive? Understanding Dependence, Risks, and Safe Usage

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Is kratom addictive? Discover the potential for dependence on Kratom, the risks involved with its use, and how to approach its consumption responsibly.

From 2011 to 2017, over 1,800 calls to poison centers involved kratom in the U.S. This significant number highlights the concern regarding kratom addiction.

However, without Food and Drug Administration (FDA) oversight, and due to various consumption methods like teas and capsules, there are significant health risks. Safe use of kratom is now in question due to these issues.

Research debates how dependence develops, outlining signs like loss of control and withdrawal symptoms. These signs are seen in regular kratom users. Ironically, some people switch from drugs like heroin to kratom, looking for a legal alternative.

Understanding Kratom: Origins and Prevalence

Kratom comes from the Mitragyna speciosa tree in Southeast Asia. It can act like a stimulant or like opioids, based on how much you take. People use it in different ways, for a small energy boost or stronger effects at higher doses.

The legal status of kratom in the U.S. is complicated and changing. It’s a hot topic because some worry about its misuse. It’s still legal in several states. This shows how different places handle drug rules. The National Institute on Drug Abuse is looking into its medical benefits. But, the FDA hasn’t approved it for medical use yet. The DEA calls it a “drug of concern,” which means policies might change.

  • From 2011 to 2017, poison control centers in the U.S. got over 1,800 reports about kratom. This shows it’s widely used and might pose health risks.

  • Kratom’s main ingredients bind to opioid receptors very strongly, stronger than morphine even. This fact is key to understanding its effects.

  • As more people use kratom, more are reporting serious health problems. These include liver and heart issues, and tough withdrawal symptoms, particularly in those already sick.

The statistics show mounting worries about kratom in the U.S. As its use grows, it’s becoming more important to health policies and laws. What happens next will depend on further research and legal decisions.

Is Kratom Addictive: Investigating the Substance’s Nature

The question of kratom’s addictiveness focuses on how it affects brain receptors and its long-term health implications. The ongoing debate highlights concerns about dependence and the risk of addiction. Scientists are closely looking at these issues.

How Kratom Works in the Brain

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, bind to the brain’s opioid receptors, similar to painkillers and narcotics. This connection suggests a potential risk of dependence. These alkaloids are key to kratom’s pain relief but also point to possible addiction concerns, especially with frequent, high-dose usage.

Patterns and Consequences of Long-term Use

  • Using kratom often, especially in large doses, can increase the risk of dependence and intense withdrawal symptoms, similar to opioid withdrawal.

  • Although some use it for pain or to improve mood, long-term kratom users might see serious health problems, like liver damage and mental health issues.

  • Withdrawal symptoms, including irritability, nausea, and sleep problems, show kratom’s impact on one’s physical and mental health.

Assessment of Addiction Risks

Studies indicate a significant risk of addiction to kratom, especially with high doses or frequent use. Dependence develops as the body gets used to kratom, leading to tolerance and a need for more to feel its effects. Withdrawal symptoms emphasize this risk, as highlighted by health experts.

Physiological Effects: Kratom’s Impact on the Body

There is a lot of debate about the safety and use of kratom. This herbal extract comes from the Mitragyna speciosa plant. It has drawn attention for its possible harmful effects on the body. The FDA has issued many warnings about kratom, raising safety concerns.

  • Kratom Adverse Effects: Kratom users have reported side effects like nausea, vomiting, and confusion. More serious issues include high blood pressure and liver damage. These problems highlight the risks of using kratom.

  • Herbal Extract Safety: Some kratom products contain heavy metals and pathogens. These can cause severe health issues, including death. This shows the importance of safety in herbal products.

  • FDA Warnings and Regulations: The FDA has linked kratom to over 35 deaths and warns against using it. They point out the lack of medical uses and the risk of addiction.

  • Physiological Impact: Kratom’s effects depend on the dose and the user’s body. Yet, it can lead to dangerous outcomes like liver damage and seizures.

  • Safety Concerns from Authorities: Federal agencies like the DEA are worried about kratom’s safety. Although not a controlled substance, monitoring suggests users should be careful.

Kratom might offer temporary relief for some ailments, but it comes with significant risks. The FDA’s warnings should make people think twice. If considering kratom, it’s crucial to talk to a doctor first. Experts stress the need for safety and caution with herbal extracts.

Conclusion

Kratom’s role in health and regulation is complex, with views and research findings widely varied. Some people use kratom for its claimed health benefits, but it’s a hot topic. Experts advise caution and suggest consulting a doctor before using kratom due to the unclear effects.

Clinical studies using scores like SOWS and COWS haven’t confirmed withdrawal symptoms from kratom. This adds to the debate, especially when some users report withdrawal. This makes kratom a controversial subject among different findings and user experiences.

When it comes to treating opioid addiction, kratom can be both helpful and harmful. Some have used it successfully to fight addiction. Yet, some states have banned it. This highlights the need for regulations and consistent product quality. It also raises questions about kratom’s legal status due to mixed actions by authorities.

The situation shows how complex kratom is in the realm of substance use and law. Without clear evidence supporting either its benefits or risks, it poses a challenge. More research is needed to guide regulations and health advice. For now, anyone thinking of using kratom should be careful, seek medical advice, and keep up with laws and health guidelines.

 

WHAT IS KRATOM ANYWAY? READ ON…

WHAT IS KRATOM

WHAT IS KRATOM AND WHY ARE YOU HEARING ABOUT IT NOW?



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