Mitragyna speciosa leaf powder

Maeng Da kratom, or Mitragyna speciosa leaf powder, is photographed Sept. 26, 2016, in Seattle. A Pen Argyl man found in possession of 1.1 kilograms of kratom was sent to prison, as federal authorities withdraw plans to make the drug's psychoactive substances illegal. (Erika Schultz/The Seattle Times photo | For lehighvalleylive.com)

Barry Brinker, 58, has spent more than a month in prison following his felony drug arrest Oct. 11.

Barry Brinker remained behind bars Wednesday, Nov. 16, 2016, according to Northampton County Prison staff. (Courtesy photo | For lehighvalleylive.com)

The felony, however, is no longer pending against the Pen Argyl man, Northampton County District Attorney John Morganelli said Wednesday ahead of Brinker's preliminary hearing scheduled Thursday morning in Bangor.

The charge was based on 1.1 kilograms of a green powder known as kratom that Slate Belt Regional police say they found in the laundry room of Brinker's home in the 400 block of George Street. Two women in the home had alerted police to the parcel, shipped Aug. 2 from Indonesia, according to court records.

It turns out kratom, also known as Mitragyna speciosa leaf powder, is "not defined as a controlled substance," Morganelli confirmed. As a result, the felony count of drug possession with intent to deliver was dropped last month, he said.

Brinker still faces two misdemeanors for a small amount of marijuana and pipe that police reportedly found exactly where Brinker said they'd be during the Oct. 11 search.

Slate Belt Regional police Chief David Mettin has deferred comment on the case to the district attorney's office, beyond saying in an email that "the substance tested positive for a Schedule 1 drug. That's what he was charged with is the possession with intent."

The U.S. Drug Enforcement Administration had announced plans Aug. 31 to classify kratom's active ingredients, mitragynine and 7-hydroxymitragynine, as Schedule 1 drugs, alongside the likes of LSD, heroin and marijuana.

An outcry followed, and the DEA on Oct. 13 made it official that kratom's components would "remain -- as has been the case -- noncontrolled substances under federal law." The agency continues to study the drug, and is seeking public comment until Dec. 1 as it considers its next step.

To Keep #Kratom Legal, Do This Before Dec.1st: https://t.co/jE1981Bgip Tell the DEA what kratom has done for you! Do it soon if U want it! — Paul Kemp (@healthseeker) November 15, 2016

Kratom has a devoted following, with online communities celebrating its use as a natural pain reliever an alternative to narcotics. News of Brinker's arrest led to outrage voiced via social media.

@billmaher They have started 2 arrest ppl 4 Kratom Free Barry Brinker Flowers and leaves R not a felony #IAmKratom https://t.co/fa93umoIYT — Kelly James (@KellyJeanJames) October 13, 2016

Brinker remained Wednesday in Northampton County Prison, according to staff there, in lieu of $30,000 bail set at his arraignment about 10:15 p.m. Oct. 11. Thursday's preliminary hearing on the remaining two misdemeanors begins at 9 a.m. before District Judge Alicia Rose Zito.

His attorney, Mark Minotto, has not returned calls for comment on the case. Efforts to reach his home for comment have failed because numbers listed for the address were not functioning.

Brinker's only previous arrest, according to an Administrative Office of Pennsylvania Courts database, was for marijuana possession with intent to deliver in November 2001 in Monroe County. He was sentenced to one to 23 months in prison and ordered to pay a $1,000 fine, $105 restitution and court costs.

Kurt Bresswein may be reached at kbresswein@lehighvalleylive.com. Follow him on Twitter @KurtBresswein and on Facebook. Find lehighvalleylive.com on Facebook.