Judge denies Missouri attorney general’s bid to halt 7-OH kratom sales by American Shaman

A Jackson County judge on Friday denied Missouri Attorney General Catherine Hanaway’s attempt to immediately stop Kansas City-based CBD American Shaman and several affiliated companies from selling kratom products.

The motion for a temporary restraining order, which was filed alongside the Missouri Department of Health and Senior Services, took particular aim at the more potent 7-OH products, which Hanaway argues are “hazardous opioids” banned by state and federal law.

Jackson County Circuit Judge Charles McKenzie’s ruling Friday stated there are “competing affidavits” from experts on both sides of the argument, following a hearing on the motion earlier this week.

“The court cannot find, based on the oral argument of the parties, the respective competing affidavits presented and the pleadings, whether the plaintiff is likely to succeed on the merits at this juncture in the proceedings in order for the court to grant relief in the form of a temporary restraining order,” McKenzie’s order states.

Hanaway’s argument was backed by sworn statements from an undercover narcotics officer with the highway patrol who said 7-OH is being used to cut fentanyl and a woman whose brother died from a kratom overdose. Her office also submitted a FDA report that points to 7-OH as “a potent opioid that poses an emerging public health threat” and state health data showing synthetic 7-OH was involved in at least 197 Missouri deaths.

American Shaman submitted statements of its own from five toxicology and addiction experts, who largely said there wasn’t enough evidence to show that 7-OH and kratom posed a public health risk. One who researched narcotics said she had never heard of 7-OH being used to cut fentanyl.

Company owner Vince Sanders’ statement detailed how he came up with the idea to create 7-OH products, which now has an “enormous” demand particularly among people who need pain management.

Sanders could not be reached for comment about the ruling Friday.

McKenzie denied a temporary restraining order “without prejudice,” meaning that he would like to see more evidence.

“It is because of this finding that the court determines it necessary to hold an additional hearing,” he wrote, “where it can consider the parties respective positions with the potential of testimonial evidence and other properly introduced evidence, all as more fully developed by the parties, in order to further analyze these issues.”

The judge will consider “other injunctive relief sought in the pleadings at a future hearing to consider the issues,” the order states.

Hanaway filed a similar lawsuit Thursday against Relax Relief Rejuvenate Trading LLC, and its owners Dustin Robinson and Ajaykumar Patel.

The group received a warning letter from the FDA for producing 7-OH products last year similar to one received by Shaman Botanicals.

“This is another step in our ongoing crackdown on kratom manufacturers who flout the law and try to justify endangering Missourians in the name of profit,” Hanaway said in a press release Thursday. “Our mission is to safeguard Missourians from unregulated and addictive substances, and we will continue to pursue every legal tool available to protect public health and safety.”

This story was originally published by the Missouri Independent.