Visiting a gas station seems like both an expensive and educational endeavor these days. Expensive because, well, gas, and educational because of the proliferating industry of “gas station supplements” that grace the counters at many franchises.
If you’re not familiar with this emerging category of products, you might have heard names like Kratom, or its more concentrated derivative, 7-OH (also known as “gas station heroin”), in the news. Recently, various state and federal regulators have raised alarms about the health implications of these products, especially 7-OH.
For example, in recent months, the U.S. Food and Drug Administration and Drug Enforcement Administration have both moved to restrict the sales and consumption of certain enhanced opioid derivatives like 7-OH after determining that the substance is highly addictive and that both Kratom and 7-OH can cause negative health effects. Especially concerning is that misuse of these substances is becoming increasingly prevalent among youth due to marketing aimed at that demographic.
Caution Among Cleared
The issue has begun to appear in recent years in security clearance denial and revocation cases, although the data remains sparse. For example, the Department of Energy denied an applicant’s security clearance in 2021 based on Kratom use (see DOE PSH 21-0063), and a DoD contractor was denied in 2023 in part on the same basis (see ISCR 23-02820).
The cases are noteworthy because, at the time of denial, the products were ostensibly legal. As I’ve warned readers previously, just because a substance is legal doesn’t necessarily mean that clearance-holders and applicants are off the hook. If the substance contains properties that alter the mind or impair judgment when abused (e.g., sniffing glue), security officials can and will still take action.
Importantly, the substances have also been banned entirely for military service members under Article 92 and/or Article 112a of the Uniform Code of Military Justice, with violation potentially resulting in the loss of all pay and allowances, up to two years’ confinement, and/or a dishonorable discharge. Recent publications from the service branch criminal investigative divisions suggest that military law enforcement authorities are treating Kratom and 7-OH possession no less severely than possession of “hard” drugs like cocaine and heroin. That’s a topic that deserves a lot more attention in the military community than it’s getting, given the severity of the legal repercussions and the wide availability of these substances to date.
Health Risks to Consider
But beyond the legal and security clearance ramifications, it is worth re-emphasizing the health risks of utilizing unregulated products. The University of Michigan’s School of Medicine offers a primer on the topic that highlights the story of a former college football player who spiraled into addiction and lost everything after experimenting with 7-OH. The university’s research indicates that many users of these substances also use marijuana – a fact the security clearance denial cases on the matter also substantiate, calling into question longstanding claims from marijuana advocates that marijuana is not a “gateway” drug.
At the time of this writing, it appears that civilian criminalization efforts surrounding more concentrated opioid Kratom derivatives like 7-OH are moving quickly. However, lobbyists for the Kratom industry are also reportedly pushing for the industry’s less potent, plant-based namesake to remain legal. Time will tell how the legal landscape shifts, but clearance-holders and applicants should be clear: abusing any mind-altering substance, legal or not, will have a negative impact on security clearance eligibility.
This article is intended as general information only and should not be construed as legal advice. Although the information is believed to be accurate as of the publication date, no guarantee or warranty is offered or implied. Laws and government policies are subject to change, and the information provided herein may not provide a complete or current analysis of the topic or other pertinent considerations. Consult an attorney regarding your specific situation.
