“Gas Station” Drugs: Kratom and Tianeptine and DWIs


If you walk into any gas station or convenience store, you are likely to find over-the-counter supplements marketed as “energy boosters” or “mood lifters”. Often sold as pills or “shots” in bright, harmless-looking packaging, it can be difficult to discern these products from popular energy drinks. What sets these similarly-marketed products apart, however, are their ingredients. These inconspicuous products may in fact contain psychoactive substances, such as kratom or tianeptine. 

Though the federal government has not scheduled either substance to be controlled, individual states have taken action to prohibit their sale and consumption. The FDA has issued guidance to consumers against purchasing and using kratom and tianeptine due to their potential for harmful side effects and abuse. 

Kratom, derived from the leaves of the Mitragyna tree, contains the active ingredient mitragynine, which if taken in low doses may act as a stimulant, but if taken in high doses may produce opioid-like effects. Tianeptine, originally sold in Europe as an antidepressant, acts as a less-potent opioid-like substance that can produce similar effects to morphine or heroin if taken in high doses. Kratom has been marketed as products such as “7-OH” or “777”, and tianeptine has been marketed as “Neptune’s Fix”, “Tianaa”, or “Za Za”. 

DWIs:

Though these substances may be legal to purchase and use in a number of jurisdictions, their impairing effects can lead to municipal motor vehicle and possibly criminal charges if taken before operating a motor vehicle. Unlike alcohol, there is no statutory limit determining how much of these drugs have to be in your system if pulled over to result in a DWI. However, especially if these substances are found in your vehicle during a stop or after an accident, you may be charged in New Jersey with Operating Under the Influence of Liquor or Drugs in violation of N.J.S.A. 39:4-50 based on law enforcement’s observations of impairment through field sobriety tests or blood tests. It is important to note that the active psychoactive substance in kratom, mitragynine, may show up in blood tests days after use, especially if the accused is a regular or heavy user. 

Our Experience:  

EBM Law is experienced in representing clients accused of driving under the influence of kratom or other “energy-boosters” and is well-versed in the nuances of these unregulated substances. Our offices work regularly with toxicology experts who interpret blood test results and may convey to courts differing levels of impairment associated with results we receive. Additionally, EBM Law advocates for clients who were misled by the inconspicuous packaging of these substances and recognizes the dangers they pose to consumers unwise of their psychoactive effects. 

For clients who develop addictions to these substances, such as kratom or tianeptine, our offices play an active role in connecting individuals with addiction counselors and rehabilitation programs who may help our clients overcome the burdens of addiction. Additionally, in some circumstances, clients using these substances may be eligible for New Jersey’s Recovery Court Program. Recovery Court offers first-time, non-violent criminal offenders with substance abuse problems the opportunity to accept deferred sentences and receive treatment that, if successfully completed, may result in charges being dismissed and their records eventually being expunged. Similar programs also exist in municipal courts in various counties across the state. Our offices are experienced with the Recovery Court application process and recognize the important role this program plays in preventing recidivism and helping clients overcome addiction. If you have any questions regarding kratom/tianeptine-related charges, DWIs, drug offenses, or any NJ criminal matter, feel free to contact our offices at (732) 249-9933 to schedule a complimentary consultation. 

EBM Law’s Commitment: 

The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are: 

Criminal Defense 

DUI/DWI 

Guns & Weapons Crimes 

Pre-Trial Detention Hearings 

Expungements for Prior Convictions


If you walk into any gas station or convenience store, you are likely to find over-the-counter supplements marketed as “energy boosters” or “mood lifters”. Often sold as pills or “shots” in bright, harmless-looking packaging, it can be difficult to discern these products from popular energy drinks. What sets these similarly-marketed products apart, however, are their ingredients. These inconspicuous products may in fact contain psychoactive substances, such as kratom or tianeptine. 

Though the federal government has not scheduled either substance to be controlled, individual states have taken action to prohibit their sale and consumption. The FDA has issued guidance to consumers against purchasing and using kratom and tianeptine due to their potential for harmful side effects and abuse. 

Kratom, derived from the leaves of the Mitragyna tree, contains the active ingredient mitragynine, which if taken in low doses may act as a stimulant, but if taken in high doses may produce opioid-like effects. Tianeptine, originally sold in Europe as an antidepressant, acts as a less-potent opioid-like substance that can produce similar effects to morphine or heroin if taken in high doses. Kratom has been marketed as products such as “7-OH” or “777”, and tianeptine has been marketed as “Neptune’s Fix”, “Tianaa”, or “Za Za”. 

DWIs:

Though these substances may be legal to purchase and use in a number of jurisdictions, their impairing effects can lead to municipal motor vehicle and possibly criminal charges if taken before operating a motor vehicle. Unlike alcohol, there is no statutory limit determining how much of these drugs have to be in your system if pulled over to result in a DWI. However, especially if these substances are found in your vehicle during a stop or after an accident, you may be charged in New Jersey with Operating Under the Influence of Liquor or Drugs in violation of N.J.S.A. 39:4-50 based on law enforcement’s observations of impairment through field sobriety tests or blood tests. It is important to note that the active psychoactive substance in kratom, mitragynine, may show up in blood tests days after use, especially if the accused is a regular or heavy user. 

Our Experience:  

EBM Law is experienced in representing clients accused of driving under the influence of kratom or other “energy-boosters” and is well-versed in the nuances of these unregulated substances. Our offices work regularly with toxicology experts who interpret blood test results and may convey to courts differing levels of impairment associated with results we receive. Additionally, EBM Law advocates for clients who were misled by the inconspicuous packaging of these substances and recognizes the dangers they pose to consumers unwise of their psychoactive effects. 

For clients who develop addictions to these substances, such as kratom or tianeptine, our offices play an active role in connecting individuals with addiction counselors and rehabilitation programs who may help our clients overcome the burdens of addiction. Additionally, in some circumstances, clients using these substances may be eligible for New Jersey’s Recovery Court Program. Recovery Court offers first-time, non-violent criminal offenders with substance abuse problems the opportunity to accept deferred sentences and receive treatment that, if successfully completed, may result in charges being dismissed and their records eventually being expunged. Similar programs also exist in municipal courts in various counties across the state. Our offices are experienced with the Recovery Court application process and recognize the important role this program plays in preventing recidivism and helping clients overcome addiction. If you have any questions regarding kratom/tianeptine-related charges, DWIs, drug offenses, or any NJ criminal matter, feel free to contact our offices at (732) 249-9933 to schedule a complimentary consultation. 

EBM Law’s Commitment: 

The Law Offices of Eric B. Morrell, located at 142 Livingston Ave, New Brunswick, NJ 08901, is committed to helping our clients fight for the appropriate assessment. Eric B. Morrell has 25 years of experience in defending clients with criminal charges. Some charges that he routinely deals with are: 

Criminal Defense 

DUI/DWI 

Guns & Weapons Crimes 

Pre-Trial Detention Hearings 

Expungements for Prior Convictions

Contact the Firm

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