I don't think it is scheduled, however it most likely falls under an analog, and therefore is very risky business. Most people probably don't realize, but one of the main actives in kratom was going to be in the new version of Tranquili-G but Avant scrapped that idea for that reason, ie that it would be considered an analog (of opium i guess, or perhaps another scheduled opiate).
If you were a store owner, and you knew that a government agency told another board sponser they consider it a drug, and you'd have to at least be concerned that the same people have watched and probably are still watching this board... what would you do?
Amazingly enough, use of kratom in thailand (where it is native) is punishable by death. Considering what they do allow there, that is hard to believe.
TSC