UNDERSTANDING THE REGULATION OF KHAT

Khat (Catha edulis Forsk), or chat in Amharic, has been cultivated and used
for centuries by the indigenous people in Ethiopia and the surrounding
countries, including Somalia, Eritrea, Kenya and Yemen. Fresh leaves of
khat are chewed primarily to attain a state of stimulation and euphoria.
For the majority of these people, the use of khat is an established
cultural tradition for a variety of social situations. In these countries,
the consumption and trading of khat are legal in most cases.

Due to adverse political, social and economic factors, the cultivation and
use of khat in Ethiopia have increased significantly in recent years.

Ethiopia being a major khat-producing country, it is believed that this has
contributed to the recently observed greater use of the shrub worldwide.
With the influx of immigrants from the East African and Arabian Peninsula
countries and increased production of khat by Ethiopian farmers, the
prevalence of utilization of khat in the US has increased in the past
several years.

However, the shrub has been seen in cities like Detroit, Dallas, New York,
Boston, Minneapolis and Portland since the 1980s. It is smuggled from the
places of its natural habitat to be used by individuals of East African and
Arabian descent.

Khat is illegal in the US, and this has been so since 1993. This implies
that anybody possessing khat more than the permitted limit will be
considered breaking the law that bans possession of cathinone, the key
ingredient in fresh khat leaves.

It, however, appears that most users of khat in this country are unaware of
this law or are not serious about it.

This is indicated by the fact that in some US cities the herb is known to
be openly advertised in grocery stores and restaurants. Many users also
openly admit to the police their use of khat and unawareness of the law
prohibiting it. Whatever the case may be, reports repeatedly show that
those who violated the "khat law" have not been excused from being
prosecuted. For instance, khat-related charges were filed against 10-20
Somali immigrants in 1991 in Minneapolis area. A khat-smuggler was also
sentenced in January 2001 to an eight-month prison term after US Custom
officials caught him at Dallas airport with two suitcases stuffed with
khat. While US customs inspectors seized more than 17,000 pounds of khat
leaves in 1991 at Newark airport, this has doubled over thre past thee
years. It has been learnt that, currently, many khat smuggling
investigations are going on. There are also a number of pending court cases
related to khat.

At this juncture, it is appropriate to point out how khat and related
substances are regulated in the US. Khat is one of the five pharmacological
classes of drugs regulated by the Controlled Substances Act (CSA). These
classes are narcotics, depressants, stimulants, hallucinogens, and anabolic
steroids. Each class has distinguishing properties, and drugs within each
class often produce similar effects.

Khat belongs to the "stimulants class", which also includes the
amphetamines, cocaine, nicotine and caffeine. However, all controlled
substances, regardless of class, share a number of common features, which
find useful application for control of use or abuse.

Based upon their potential for abuse, the above classes of drugs are
grouped into five schedules by the CSA. Schedule I drugs are those with
high potential for abuse and do not have currently accepted medical use.
There is a lack of accepted safety for use of these drugs under medical
supervision. The CSA has grouped cathinone (that is, the main active
ingredient in fresh khat leaves) as a Schedule I drug. Other Schedule I
substances include heroin, LSD, marijuana, and methaquualone. Schedule II
drugs are also those with high potential for abuse but have currently
accepted medical use. They include morphine, PCP, cocaine, methadone, and
methamphetamine.

The drugs in Schedule III have also the potential for abuse but less than
the drugs in Schedules I and II. These substances have currently accepted
medical use. Examples are anabolic steroids, codeine hydrocodone and some
barbiturates. Schedule IV drugs have low potential for abuse and have
currently accepted medical use. Abuse of these drugs may lead to limited
physical dependence or psychological dependence. Cathine
(norpseudoephedrine), the other component of khat leaves, belongs to this
group. Other Schedule IV drugs include Darvon, Talwin, Equanil, Valium, and
Xanax. The drugs in Schedule V have lower potential for abuse relative to
all others.

They also have currently accepted medical use. Over-the-counter cough
medicines with codeine are classified in Schedule V. Therefore, cathinone,
being a Schedule I substance, is prohibited from being used in the US by
the CSA in any kind of form including in the form of khat leaves. Doing
otherwise would be considered violation of the law which may result in
prosecution. Khat consumers, smugglers and distributors are expected to be
aware of this law and be responsible for their action.

On the other hand, cathine, a Schedule IV substance, is not prohibited from
being used. However, compared to cathinone, it is much less effective as a
stimulant but more stable chemically. As khat leaves mature or dry,
cathinone is converted to cathine, making the khat leaves less potent.