Kratom is one botanical in the United States with one of the most complex legal landscapes, with varying regulations and policies between different states, counties, and even cities. With over 2.9 million military and civilian personnel in the Department of Defence, many ask the question, “Is kratom legal in the military?”.
To clearly answer this question, kratom was prohibited in 2022 however many military branches might have already unofficially banned it under “the knowing use of any intoxicating substance”, which kratom might be considered to fall under. The ban of kratom in the military includes civilian, active military members and reservists enlisted or employed by the Department of Defence. Those who are found to be in possession of, selling, or using kratom can be prosecuted or court-martialed under the department’s policies.
The DoD and US military consider kratom an intoxicating substance, listing it as a controlled substance in the military and altogether banning it for soldiers, military personnel, and employed civilians. Kratom falls into the “banned dietary supplements” list, and those found in violation can be prosecuted under Article 92 of the Uniform Code of Military Justice.
The United States Armed Forces consists of six main branches: Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard. The president of the United States is responsible for making all final decisions. Still, the Department of Defense has complete control over each branch of the military, except for the Coast Guard, which is dealt with by the Department of Homeland Security.
Here’s a quick overview of the different branches and their corresponding roles:
Each branch of the military fulfills its own distinct roles and jointly works together to protect and safeguard the United States and its residents.
Why does the Department of Defense ban specific substances for military use? If a specific drug, medication, or supplement is psychoactive and is not regulated or approved by the FDA, it’s generally banned without appeal by the DoD. This means any military service personnel caught using these substances may face charges and consequences for violation of these rules. There are many different dietary supplements and substances banned in the military. The DoD dietary supplement resource is a great place to check and see if a certain supplement or substance is banned.
Kratom was added to the DoD’s Operation Supplement Safety list of prohibited substances in 2022, indicating that any military member cannot buy or take any form of the botanical. The botanicals effects are psychoactive, and the effects can range from providing energy to increasing mental alertness to promoting relaxation. Despite these potential benefits, it’s still considered a drug of concern by the military because of its safety risks and side effects and is one that the FDA warns the public about.
According to Technical Sergeant Clifford Hayes, kratom is dangerous because it contains components that can make it habit-forming and potentially harmful, hence its inclusion in DoD’s long list of banned substances. Kratom’s potential to become habit-forming, cause various side effects, and potentially affect or alter cognition are the primary reasons why military service cannot use the substance legally while enlisted or employed by the DoD or their respective military branches.
Currently, the DoD and the Army do not test for the presence of kratom, and it’s not included in the military’s routine drug testing. However, as more research about the herb’s potential risks and effects comes up, this could change soon. It is not also out of the question that the military won’t order a kratom-specific drug test if they suspect someone of using kratom.
There is also no evidence-based research proving that kratom may show up on routine drug tests like the 5-panel and 10-panel ones because the alkaloid content of this botanical differs entirely from the other compounds present in the standard tested substances.
Detecting the presence of kratom requires more specialized testing, including urine drug screens and chromatography techniques that are capable of detecting mitragynine and 7-hydroxymitragynine – kratom’s primary alkaloids. However, because these substances are more complex and an added expense to test, employers don’t usually normally include them in standard panel tests.
One case involved a military personnel charged with buying and giving kratom to his wife. He argued that he was not aware that giving kratom away was considered a crime under military laws. He stated that the military was trying to charge him with Article 92 of the Uniform Code of Military Justice (UCMJ) however, the current status or results of this case are unknown.
Another case involving the use of kratom happened in 2018 in Fort Meade, Maryland. In this case, the service member tested positive for a Schedule 1 illegal drug, that was allegedly adulterated in his kratom. According to the defence attorneys publication, the officer was not charged with anything and didn’t lose his benefits and medical retirement however this isn’t to say it could have not worked out much worse for this service member.
Taking dietary supplements banned by the military violates Article 92 of the UCMJ which is also known as “dereliction of duties”. Because of the risks of the prohibited psychoactive substances, it may affect the individual’s capacity to perform their duties or interferne with the duties and safety of others. Following an accused violation of Article 92, the military will investigate the totality of the incident to come to a firm conclusion on guilt.
The following are key aspects of Article 92 after a member is suspected to be in violation:
Service members found guilty of using DoD’s prohibited substances can face serious charges that may lead to any of the following:
Enlisting in the military comes with rightful obligations and the duty to protect the nation. The obligations include abiding by the Department of Defence’s Laws and regulations. the list of banned substances. Kratom, in any form, is prohibited in the military, and disobeying this general order might lead to a court martial, dishonourable discharge or even jail time in the worst of cases. Just don’t do it.
CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.
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