Greetings Shroomerites,
As you may be aware, the United States Drug Enforcement Administration announced its intent to place Kratom into the Schedule I category of the Controlled Substances Act at the end of September. Thanks to vocal opposition from many citizens (including many Shroomerites) who signed petitions and contacted their representatives, over 50 members of Congress signed a letter to the DEA requesting in part "to delay a final decision on the placement of Kratom as a schedule I [and to] provide ample time for public comment on this significant decision." Additionally, nearly ten members of the US Senate also issued a letter to the DEA requesting a delay in the scheduling order “to allow both for a public comment period and sufficient time for the DEA to outline its evidentiary standards to the Congress regarding the justification for this proposed action.”
Remarkably, the DEA has subsequently withdrawn their Notice of Intent to schedule Kratom and has opened a public comment period through December 1st. You can read some of the comments people are posting: here.
Please take a moment to explain to the DEA why they should not place Kratom alkaloids into Schedule I.
Following are some ideas of what you may wish to include in your comments:
- Kratom and its constituent alkaloids should not be placed into any restrictive drug schedule. This natural plant product should continue to be treated in a similar manner as many existing herbal supplements, allowing adult consumers to make their own choice as to whether or not they wish to ingest this safe and effective dietary supplement. Please accept the findings of the doctors and researchers who have (and barring restrictive legal order will no doubt continue to) produce scientific papers demonstrating that kratom and its alkaloids are safe for human consumption and should not be a Schedule I substance. With an estimated 3-5 million kratom users in the United States, please also consider the billions of dollars in economic impact that would result if this supplement is removed from the marketplace.
- I strongly believe that the mitragyna speciosa (Kratom) plant is a useful natural supplement when used responsibly. I have known friends and colleagues who have suffered from prescription opiate addiction, and I have witnessed those same friends and colleagues break their harmful addiction through the measured and responsible use of this natural and unadulterated plant product. Further, I have witnessed friends and colleagues manage pain and anxiety by using this plant, without the aid of more expensive pharmaceutical drugs that carry additional harmful side effects.
- It is absurd to claim that this plant has no medical value, which is precisely the claim made for any substances placed in Schedule I. Our prohibitive drug war policies have served to drive legitimate natural medicines into an uncontrolled underground market where a lack of regulation and violence threaten the safety of honest and hardworking Americans who may benefit from these substances. Members of our society should not be punished for engaging in a personal drug therapy with a natural plant. It is shameful that our DEA continues to pass regulation that increases harm toward so many Americans.
- There is a move right now by the DEA to emergency schedule Kratom, a botanical used safely throughout the world for hundreds of years to improve health and well-being, as a Schedule 1 controlled substance; the most restrictive category claiming no medicinal value. Kratom helped give me my life back and is saving the lives of tens of thousands throughout the U.S. during an opioid epidemic. If the DEA successfully schedules this plant, I will become a felon, further mucking up our already overtaxed criminal justice system, for using something that has been used by humans for thousands of years and has drastically improved my life and the lives of hundreds of thousands of others.
- Since 1980, our federal prison population has exploded by nearly 800 percent. This increase is a result of draconian drug policies that continue to place nonviolent drug offenders behind bars. We should not, in haste and without adequate opportunity for comment and analysis, place substances in categories that may be inconsistent with their medical value and potential for abuse.
Following are some posts that have provided updates on the matter:
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Withdrawal of Notice of Intent to Temporarily Place Mitragynine and 7-Hydroxymitragynine Into Schedule I A Proposed Rule by the Drug Enforcement Administration on 10/13/2016
AGENCY: Drug Enforcement Administration, Department of Justice.
ACTION: Withdrawal of Notice of Intent; Solicitation of Comments.
SUMMARY:
On August 31, 2016, the Drug Enforcement Administration (DEA) published in the Federal Register a notice of intent to temporarily place mitragynine and 7-hydroxymitragynine, which are the main psychoactive constituents of the plant Mitragyna speciosa, also referred to as kratom, into schedule I pursuant to the temporary scheduling provisions of the Controlled Substances Act. Since publishing that notice, DEA has received numerous comments from members of the public challenging the scheduling action and requesting that the agency consider those comments and accompanying information before taking further action. In addition, DEA will receive from the Food and Drug Administration (FDA) a scientific and medical evaluation and scheduling recommendation for these substances, which DEA previously requested. DEA is therefore taking the following actions: DEA is withdrawing the August 31, 2016 notice of intent; and soliciting comments from the public regarding the scheduling of mitragynine and 7-hydroxymitragynine under the Controlled Substances Act.
DATES:
The notice of intent that was published on August 31, 2016 (81 FR 59929) is withdrawn as of October 13, 2016. The comment period will be open until December 1, 2016. All comments for the public record must be submitted electronically or in writing in accordance with the procedures outlined below. Electronic comments must be submitted, and written comments must be postmarked, on or before December 1, 2016. Commenters should be aware that the electronic Federal Docket Management System will not accept comments after 11:59 p.m. Eastern Time on the last day of the comment period. Please note that if you previously submitted a comment via email or regular mail following the August 31, 2016 notice, that comment is being considered by DEA—it is not necessary to resubmit the same comment unless you wish to provide additional information, or you wish to have your comment posted for public view in accordance with the instructions provided below.
ADDRESSES:
To ensure proper handling of comments, please reference “Docket No. DEA-442W” on all correspondence, including any attachments.
- Electronic comments: The Drug Enforcement Administration encourages that all comments be submitted electronically through the Federal eRulemaking Portal, which provides the ability to type short comments directly into the comment field on the Web page or attach a file for lengthier comments. Please go to http://www.regulations.gov and follow the online instructions at that site for submitting comments. Upon completion of your submission, you will receive a Comment Tracking Number for your comment. Please be aware that submitted comments are not instantaneously available for public view on Regulations.gov. If you have received a Comment Tracking Number, your comment has been successfully submitted and there is no need to resubmit the same comment.
- Paper comments: Paper comments that duplicate the electronic submission are not necessary and are discouraged. Should you wish to mail a paper comment in lieu of an electronic comment, it should be sent via regular or express mail to: Drug Enforcement Administration, Attn: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152.
FOR FURTHER INFORMATION CONTACT:
Michael J. Lewis, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, Virginia 22152; Telephone: (202) 598-6812.
SUPPLEMENTARY INFORMATION: Posting of Public Comments
Please note that all comments received in response to this notice are considered part of the public record. If you previously submitted a comment via email or regular mail following the August 31, 2016 notice, that comment is being considered by DEA—it is not necessary to resubmit the same comment unless you wish to provide additional information, or you wish to have your comment posted for public view in accordance with the instructions provided below.
All comments received in response to this notice of opportunity to comment will, unless reasonable cause is given, be made available by DEA for public inspection online at http://www.regulations.gov. Such information includes personal identifying information (such as your name, address, etc.) voluntarily submitted by the commenter. The Freedom of Information Act (FOIA) applies to all comments received. If you want to submit personal identifying information (such as your name, address, etc.) as part of your comment, but do not want it to be made publicly available, you must include the phrase “PERSONAL IDENTIFYING INFORMATION” in the first paragraph of your comment. You must also place all of the personal identifying information you do not want made publicly available in the first paragraph of your comment and identify what information you want redacted.
If you want to submit confidential business information as part of your comment, but do not want it to be made publicly available, you must include the phrase “CONFIDENTIAL BUSINESS INFORMATION” in the first paragraph of your comment. You must also prominently identify the confidential business information to be redacted within the comment.
Comments containing personal identifying information and confidential business information identified as directed above will generally be made publicly available in redacted form. If a comment has so much personal identifying information or confidential business information that it cannot be effectively redacted, all or part of that comment may not be made publicly available. Comments posted to http://www.regulations.gov may include any personal identifying information (such as name, address, and phone number) or confidential business information included in the text of your electronic submission that is not identified as directed above as personal or confidential.
Background
Withdrawal of Notice of Intent
The Controlled Substances Act (CSA) contains a temporary scheduling provision, 21 U.S.C. 811(h), pursuant to which the DEA Administrator [1] may temporarily place a substance in schedule I where he finds that doing so is necessary to avoid an imminent hazard to the public safety. This provision of the CSA requires DEA to publish a notice in the Federal Register of its intent to issue a temporary scheduling order at least 30 days before issuing any such order. DEA published such a notice of intent on August 31, 2016, with respect to mitragynine and 7-hydroxymitragynine, which are the main psychoactive constituents of the plant commonly known as kratom. 81 FR 59929.
In response to the notice of intent, DEA received numerous comments from the public on mitragynine and 7-hydroxymitragynine, including comments offering their opinions regarding the pharmacological effects of these substances. To allow consideration of these comments, as well as others received on or before December 1, 2016, DEA has decided to withdraw the August 31, 2016 notice of intent published at 81 FR 59929. DEA has also requested that the FDA expedite its scientific and medical evaluation and scheduling recommendation for these substances, which DEA previously requested in accordance with 21 U.S.C. 811(b).[2]
Accordingly, the August 31, 2016, notice of intent to temporarily place mitragynine and 7-hydroxymitragynine in schedule I is withdrawn. Mitragynine and 7-hydroxymitragynine therefore remain—as has been the case—noncontrolled substances under federal law.[3]
Consideration of Public Comments and FDA's Analysis
With respect to mitragynine and 7-hydroxymitragynine, DEA will consider all public comments received under the above procedures, as well as FDA's scientific and medical evaluation and scheduling recommendation for these substances. Once DEA has received and considered all of this information, DEA will decide whether to proceed with permanent scheduling of mitragynine and 7-hydroxymitragynine, or both permanent and temporary scheduling of these substances.
Permanent Scheduling Process: As the CSA provides, if DEA determines that the medical and scientific facts contained in the FDA scheduling evaluation, along with all other relevant data and information, constitute substantial evidence of potential for abuse to support permanent scheduling of mitragynine and 7-hydroxymitragynine, DEA will publish in the Federal Register a notice of proposed rulemaking, which will give interested members of the public an additional opportunity to submit comments and request a hearing.[4] As provided in 21 U.S.C. 811(a), permanent scheduling rules shall be made on the record after opportunity for a hearing pursuant to the rulemaking procedures prescribed by 5 U.S.C. 553, 556, and 557.
Temporary Scheduling Process: The pendency of permanent scheduling proceedings for a substance does not preclude a simultaneous or subsequent order to temporarily control that substance. If DEA finds in light of FDA's scientific and medical evaluation and after consideration of all public comments and other relevant information that, based on the criteria of section 811(h), temporary placement of mitragynine and 7-hydroxymitragynine in schedule I is necessary to avoid an imminent hazard to the public safety, DEA will follow the statutory procedures for issuing such a temporary scheduling order. As indicated above, before issuing such a temporary scheduling order, DEA would be required to publish in the Federal Register a new notice of intent.
Dated: October 6, 2016.
Chuck Rosenberg,
Acting Administrator
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TheWashingtonPost said on 10/12/2016:
The DEA is withdrawing a proposal to ban another plant after the Internet got really mad
The Drug Enforcement Administration is reversing a widely criticized decision that would have banned the use of kratom, a plant that researchers say could help mitigate the effects of the opioid epidemic.
Citing the public outcry and a need to obtain more research, the DEA is withdrawing its notice of intent to ban the drug, according to a preliminary document that will be posted to the Federal Register Thursday.
The move is "shocking," according to John Hudak, who studies drug policy at the Brookings Institution. "The DEA is not one to second-guess itself, no matter what the facts are."
The DEA had announced in August that it planned to place kratom in schedule 1 of the Controlled Substances Act, the most restrictive regulatory category, as soon as Sept. 30. But since announcing their intent to ban kratom, the "DEA has received numerous comments from members of the public challenging the scheduling action," acting administrator Chuck Rosenberg wrote in the notice, "and requesting that the agency consider those comments and accompanying information before taking further action."spokesman for the Drug Enforcement Administration did not immediately respond to requests for comment.
[What it's like to be high on kratom, according to the people who use it]
Kratom is a plant from southeast Asia that's related to coffee. It contains a number of chemical compounds that produce effects similar to opiates when ingested.
People who take it have have said kratom helped them overcome addiction to opiates or alcohol and treat otherwise intractable pain. Researchers say that their work with kratom could eventually lead to the development of nonaddictive alternatives to powerful opiate painkillers. Placing kratom in schedule 1 would cripple researchers ability to study the drug, they say.
U.S. lawmakers were among the groups expressing their displeasure with the DEA's intent to ban kratom. A group of 51 U.S. representatives wrote to the DEA saying that the DEA's move "threatens the transparency of the scheduling process and its responsiveness to the input of both citizens and the scientific community."
Another group of nine senators said the DEA's "use of this emergency authority for a natural substance is unprecedented," and urged the administration to reconsider.
The DEA will now open up a period for public comment until Dec. 1 of this year. It is also asking the FDA to expedite a "scientific and medical evaluation and scheduling recommendation" for the active chemical compounds in kratom.
At the close of the comment period, a number of things could happen. The DEA could decide to permanently place the plant in a schedule of the Controlled Substances Act, which would require an additional period for lawmakers and the public to weigh in. It could also decide to temporarily schedule kratom, which would not require any additional comment.
It could also decide to leave kratom unregulated.
[Police arrest more people for marijuana use than for all violent crimes — combined]
Advocates for kratom use, who say the plant has helped them treat pain and stop taking more powerful and deadly opiate painkillers said they are elated.
"I am in tears," Susan Ash of the American Kratom Association said in an email. "Our voices are being heard, but we still have a long road ahead of us.
Lawmakers who criticized the initial announcement to ban kratom are also pleased. "Concerned citizens across the country have made it clear, they want the DEA to listen to the science when it comes to the potentially life-saving properties of kratom," said Mark Pocan (D.-Wis.) in an email.
Researchers are welcoming the move, but they point out that the future of their work with the plant is an uncertain one.
"It's certainly a positive development," said Andrew Kruegel of Columbia University in an email. Kruegel is one of the researchers working to develop next-generation painkillers based on compounds contained in kratom.
Kruegel says that the FDA's evaluation of the drug will carry a lot of weight in the DEA's decision. But the kind of rigorous, controlled trials that the FDA typically refers to in situations like this simply don't exist for kratom.
"Unfortunately, in the United States I don't think we have a good regulatory framework for handling this situation or taking perhaps more reasonable middle paths" between banning the drug outright or keeping it unregulated, Kruegel says.
Still, he says, "the FDA is a scientific agency rather than a law enforcement agency, so I am encouraged that they will now be having more serious input on this important policy decision."
Marc Swogger, a clinical psychologist at the University of Rochester Medical Center who has published research on kratom use and earlier called the decision to ban the plant "insane," said in an email that "I'm happy to see this. It is a step in the right direction and a credit to people who have spoken out against scheduling this plant."
He added "now, the government should take into account, not just the minimal available scientific data on kratom, but the broader impact that criminalizing the use of this plant will have on vulnerable citizens."
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From the Botanical Education Alliance on 10/11/2016: DEA's Responds with a Public Commentary Period Do not celebrate yet! But this time tomorrow, there is potential talk that we will be receiving an official notice from the DEA informing us of a 30-60 day Public Commentary Period lasting anywhere from Nov. 1st to Dec. 1st 2016.
Here are 2 possible outcomes for tomorrow:
A) Extending the Date of Temporary Scheduling If the DEA merely extends the effective date of the temporary scheduling in order to allow time to receive more "public" comments, it doesn’t necessarily mean they are required to consider those comments- we’re in the same position, but with a little more time.
B) Initiate the Regular Scheduling Process Alternatively the DEA could initiate the formal rule making procedures of a “regular schedule" to permanently schedule Kratom, which would be great news.
Why's that?
Because, the DEA needs to use the 8 factor analysis rather than the 3 factor analysis used for the temporary ban, so they must establish a formal way to receive comments and are required to consider the comments. Agencies, including the DEA, often publish the comments they receive in the Federal Register.
The comments and the DEA’s consideration of the comments become part of the administrative record, which is not public, but it is used to challenge the agency in court by showing that their action was arbitrary and capricious given the information in the administrative record.
We cannot STRESS how HUGE this is for the Kratom community, the costly War On Drugs, and for our rights as American citizens. This type of pushback against the DEA is unprecedented.
Every one of you who put in the time, effort and money thus far in calling, writing, and donating, has made a difference so far. Thank you.
But guess what?
It's NOT over.
We've fought this hard to get this PRECISE OPPORTUNITY.
Now that we've gotten this far, let's CONTINUE to show the DEA just how organized, educated and passionate the Kratom community is until they realize that they in no way shape or form have the right to take away our medicine, and in many cases, our livelihoods.
We will be disclosing a specific list of CALL TO ACTION items VERY SOON, but as of right now we ask for your donations to prepare us for the coming months of blood, sweat and tears that it will take to show the DEA just how wrong they are.
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From the Botanical Education Alliance on 10/8/2016:
Dear Members, We have had such an amazing outpour of support from the Kratom community. In a short time we have managed to do the following: 1) Turn the Tides of the Press in Our Favor: From negative to overwhelmingly supportive in regards to both the medicinal benefits of the plant itself and concerns with the DEA's lack of due process. This was with the joint engagement of Hastings Group (who’s contract has come to an end). 2) Provide the DEA with Scientific Backing for Kratom: On behalf of the industry, a letter with considerable scientific backing was sent to the DEA showing that Kratom does not meet the three factors required to submit the ban. Many of you have asked for this but unfortunately even the Directors did not get a copy. Why? Because several companies and doctors provided information to Venable through their lawyers. As a result, this information is privileged and we are unable to disclose it unless a release is provided. 3) Delivered Multiple Letters from Congress to the DEA: Through the BEA's proprietary form letter, citizens were able to send multiple letters at once to both the Senate and House Representatives. This exponentially improved the clout of the Kratom community by inundating Congress officials with thousands of emails in a very short period of time, which resulted in the co-signing of two Dear Colleague Letters that were sent to the DEA. Please see the letters here and here. 4) Compiled a Comprehensive Economic Impact Study on Kratom: A thorough Economic Impact Study that cited tens of millions of dollars in lost revenue was produced by the BEA after gathering information from vendors across the country. Before this document, government officials had next to no idea of the economic impact that was set in place by Kratom's existence. This was key in convincing Congress. The results of the study were provided to both House Reps and Senators. What’s Next? Currently there is still a day by day “waiting game”. There is some noise about the “industry” talking with the DEA about a 14 day period for comments. We are currently not aware of anyone in the industry doing this and if you have hired representation, please let us know and we can have them included with the legal team that is working on this.
Here are a few tasks we will be working on: • Communicating daily with the U.S. Congress, and Senate and committees with direct oversight of the DEA leaders to ensure we have their continued support. • Requesting several researchers, doctors and Ph.D's to prepare further scientific data with regards to the safety of the two alkaloids listed in the ban. • Gathering private and published data to determine the safe, acceptable daily intake levels of Kratom's alkaloids. We'd like to provide both sides to the DEA and to the industry to ensure proper labeling, packaging and safety. • Acquiring three addiction specialists and/or toxicologists to write further opinions on addiction and safety. - If you can help here please advise. Our agreement with both Raben and Hastings has ended. For those of you who have not contributed we really need you to step up, even if it is only $100.00. We really need the funds to continue with this endeavor. Please donate here.
If you want to donate direct to Hasting group for PR we can provide you with the wire instructions by contacting ryan@botanical-education.org. There was also a large discussion around how we arrived at this point with the DEA and to show that we are deserving of a place in the Dietary Supplement arena. The professionals within the natural products industry, AHPA and law firms, all agreed that a regulatory body is needed and that every vendor and consumer needs to take hard look at the law and be compliant with it. At this time the BEA will take on this role to educate and provide guidance whenever we can.
"The Kratom industry is a several hundred million dollar industry and must grow up very quickly to act as such" -Travis Lowin
For members, we will be arranging a series of free training calls for vendors, and plan to create a "Members Only" section of our website to provide further information on compliance.
If you are not a member please email ryan@botanical-education.org to register. Membership is $5000.00 annually with renewal in January and we will prorate the balance for the rest of the year.
The BEA is not only for Kratom but for all natural products, therefore, the information we provide is relevant for all your human consumption products being sold.
Sincerely, The BEA Team
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eeso said on 10/6/2016: https://www.scientificamerican.com/article/dea-may-reconsider-its-ban-on-herbal-painkiller-kratom/
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The “legal high” plant has been used to self-treat opioid withdrawal, pain and anxiety
By Eric Boodman, STAT on October 6, 2016
Credit: JOE RAEDLE Getty Images
After announcing that the herbal supplement kratom would be made as illegal as heroin, the Drug Enforcement Administration is now reconsidering its decision, a US official familiar with the process told STAT on Wednesday morning.
In late August, the DEA announced that it would ban the substance for two or three years, a step that it could take unilaterally in a case it deems to be a “public health crisis.”
Kratom is a plant from Southeast Asia often used to self-treat opioid withdrawal, chronic pain, anxiety, and post-traumatic stress disorder. In making its decision, the DEA pointed to an increase in the number of calls to poison control centers related to kratom as a justification for acting swiftly, without seeking input from other government agencies—and with no opportunity for public comment.
Now, however, after protests in front of the White House, a petition that garnered more than 130,000 signatures, and criticism from members of Congress, the DEA is reconsidering.
The ban could have taken effect as early as Sept. 30, but a DEA spokesman said that the order had not yet been signed. He could not say when it might be signed.
But an official familiar with the decision said that DEA was now considering instituting a period of public comment, or taking the more traditional approach to banning drugs, a process that involves both public input and detailed consultations with the Food and Drug Administration to determine whether the substance is in fact a health threat.
That could significantly delay the ban—or potentially lead to the reversal of the decision entirely.
Representative Mark Pocan, a Democrat from Wisconsin, who spearheaded a protest letter signed by several dozen lawmakers, spoke to the acting administrator of the DEA on Friday. “Since they didn’t initially go through the proper protocol for this procedure, now they’re trying to figure out how they’re going to implement some sort of public comment period,” said a spokesperson from Pocan’s office.
The DEA, however, has made no public comment to that effect, and in September, a spokesman told STAT the ban would take effect soon.
Senator Orrin Hatch, a Republican from Utah, spearheaded a similar bipartisan letter signed by eight other senators. His office specified that Hatch is not “pro-kratom,” but that he wanted to make sure that the DEA was not overstepping its bounds.
Given the outcry from thousands of kratom users—many of whom claim that the substance has saved them from addiction—a public comment period could potentially shift the federal government’s view on the plant. Researchers have also spoken out against the ban, saying that this will hamper lab work that might lead to new treatments for opioid addiction and chronic pain.
Republished with permission from STAT. This article originally appeared on October 5, 2016
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tripp23 said on 10/3/16: http://www.prnewswire.com/news-releases/sanders-hatch-snd-nine-other-us-senators-urge-dea-to-halt-push-to-ban-natural-herb-kratom-300338141-395709771.html
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Sanders, Hatch And Nine Other U.S. Senators Urge DEA To Halt Push To Ban Natural Herb Kratom Backlash in U.S. Senate Follows Similar Letters Signed by Bipartisan Group of 51 U.S. House Members WASHINGTON, Oct. 3, 2016 /PRNewswire-USNewswire/ -- Two letters from a bipartisan group of 11 U.S. Senators – including Bernie Sanders (I-VT) and Orrin Hatch (R-UT) – are urging the U.S. Drug Enforcement Administration (DEA) to halt a proposed ban on the natural coffee-like herb kratom and to allow for expert and public input.
One letter was signed by 11 members of the U.S. Senate – Sanders, Hatch, Michael Bennet (D-CO), Angus King (I-ME), Mark Kirk (R-IL), Mike Lee (R-UT), Thom Tillis (R-NC), Mark Warner (D-VA) and Ron Wyden (D-OR). Senator Wyden also signed a second letter along with Sens. Cory Booker (D-NJ) and Kirsten Gillibrand (D-NY).
On August 31, the Drug Enforcement Agency published a "notice of intent" in the Federal Register stating its plan to list the natural herb kratom as a Schedule I substance, the most restrictive category, alongside heroin and LSD, effective September 30th with no opportunity for a public comment period. September 30th was the earliest date the ban could have gone into effect and there is no clear indication of how the DEA will now proceed.
The new U.S. Senate letters reflect growing concern about the hasty DEA campaign to ban kratom.
Last Monday (September 26th), a bipartisan group of 51 U.S. House signed a letter to the U.S. Drug Enforcement Agency (DEA) urging the federal agency to halt an emergency push to ban the coffee-related herb kratom by as early as Friday (September 30th). A related letter by the Members of Congress also was been sent to the Office of Management and Budget (OMB). Organized by Rep. Mark Pocan (D-WI) and Rep. Matt Salmon (R-AZ), the DEA and OMB letters House letters were signed by 28 Democrats and 23 Republicans, including two medical doctors serving in Congress. The signers represent Congressional Districts in 25 states, including California, Georgia, Colorado, Florida, Virginia, New York state, and Texas.
The letter from Sanders Hatch and nine other Senators reads as follows: "The use of this emergency authority for a natural substance is unprecedented, so it is important to determine whether the circumstances here necessitate a jump to Schedule I."
"Congress has established a specific set of review protocols for scheduling decisions that will create significant disruption in the marketplace that allows for the full engagement of consumers, researchers, health professionals, law enforcement officials, and other stakeholders. Given the long reported history of Kratom use, coupled with the public's sentiment that it is a safe alternative to prescription opioids, we believe using the regular review process would provide for a much-needed discussion among all stakeholders. We understand the DEA's desire to uphold public health and safety, and we share the goal of seeing unsafe products removed from the market. However, hearing multiple perspectives allows for more fulsome decision-making."
The letter from the 11 Senators continues: "Given the extremely short timeframe for the implementation of the proposed DEA scheduling order, we urge you to take appropriate steps to delay the order to allow both for a public comment period and sufficient time for the DEA to outline its evidentiary standards to Congress regarding the justification for this proposed action."
The separate Wyden-Booker-Gillibrand Senate letter states: "We are concerned that the 30-day comment period for such a proposed regulatory action is not a sufficient amount of time for public comment on a drug that, according to recent scientific studies, may actually be an effective substance to help combat the opioid epidemic. While we understand there are times when public safety demands that your agency act quickly on scheduling decisions, we believe that in this instance additional time for the scientific community, public health officials, and other members of the public to comment is warranted and may prove to be in the interest of public health and safety.'
"As you know, Schedule I … is reserved for substances that have a high potential for abuse and that have no currently accepted medical use. An increasing body of research has shown kratom' s potential value as a treatment for a number of conditions. On September 2, 2016, eleven scientists from well-respected research institutions in the U.S. wrote an open letter to Congress expressing "grave concern" about the agency's proposed action and expressed their opposition to any efforts to designate kratom as a Schedule I controlled substance of the CSA …"
"Given that we are in the midst of a drug crisis and there is promising evidence from the research of kratom's potential medical benefits, including the possibility of new, safer medications for the treatment of pain, we believe that placing kratom in Schedule I without adequate time for experts to weigh in via public comment may have unintended consequences."
"Furthermore, since 1980, our federal prison population has exploded by nearly 800 percent. This increase is a result of draconian drug policies that continue to place nonviolent drug offenders behind bars. We should not, in haste and without adequate opportunity for comment and analysis, place substances in categories that may be inconsistent with their medical value and potential for abuse."
This information brought to you by the American Kratom Association and the Botanical Education Alliance.
SOURCE American Kratom Association; Botanical Education Alliance, Washington, D.C.
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tripp23 said on 9/30/16: BIG NEWS!
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WE'RE GETTING A CHANCE TO BE HEARD; OFFICIALLY!
Just off the phone with Congressman Pocan's office. The DEA will be releasing a statement in the next few days about opening a public comment period and exactly what that will look like. Obviously we are going to need to flood them with comments!
Aside from every single person writing in with their testimonies, we will need to get as many medical professionals (preferably MDs) and scientists to submit comment and testimony as we possibly can to challenge the claims that Kratom is an opiate and that it has no medicinal use.
This is a very big deal y'all. It's completely unprecedented. And regardless of what happens, it means our voices have been heard!!!
As an aside but also important, with Congressman Pocan being our champion, no more calls are needed to his office. I sincerely thanked him on behalf of all of us (and if you live in WI, you should send a thank you), but let's let them now focus on seeing this process through with us!
We must absolutely flood the DEA with comments when the allotted time is appropriate!
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daytripper05 said on 9/29/16:
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DEA: No Timetable for Kratom Ban September 29, 2016 By Pat Anson, Editor
A spokesman for the U.S. Drug Enforcement Administration says there is no timetable yet for kratom to be formally classified as a Schedule I controlled substance – a move that would make the sale and possession of the herb a felony.
Under an emergency scheduling order published in the Federal Register last month, the DEA could schedule kratom as an illegal drug as early as Friday, September 30. But that appears to be increasingly unlikely.
“I don’t have a timetable. It could be this week, could be in the future, I just don’t know,” DEA spokesman Rusty Payne told Pain News Network.
Since the DEA announced its plans on August 30, online kratom suppliers have hurriedly shipped orders to deplete their inventory and tens of thousands of consumers have stocked up on the herb, which many use to treat chronic pain and other medical conditions. An unprecedented grassroots lobbying campaign was also launched to get the DEA to reverse or postpone its decision. Over 135,000 people signed a petition asking the Obama administration to stop the DEA, and hundreds of kratom supporters rallied in front of the White House.
A bipartisan group of congressmen in the House also signed a joint letter asking the agency to delay the scheduling of kratom to allow for public comment.
Now a second letter to the DEA is circulating in the U.S. Senate that calls the scheduling of kratom “unprecedented for a natural substance” and urges a delay.
The letter was drafted by Utah Sen. Orrin Hatch, the powerful chair of the Senate Finance Committee, who has long maintained an interest in supporting the dietary supplement industry.
All of this has apparently made the DEA think twice about scheduling kratom, at least for the time being.
“What we’re hearing from the DEA today is that it’s not going to happen tomorrow (Friday), but that it’s still going to happen,” said Susan Ash, founder of the American Kratom Association, a consumer group that promotes the use of kratom for medical reasons.
“I’m hoping and praying for some kind of negotiation or compromise. But it sounds like the DEA has dug in because they’re trying to save face. The level of calls that they are receiving and the level of complaints there are receiving is nothing like ever before. We are not a bunch a bunch of drugged out people. If we were, we wouldn’t be on the phone to DEA, congress people and our senators pleading with them to step in and get a delay.”
Acting on the advice of the Food and Drug Administration and the Centers for Disease Control and Prevention, the DEA moved to classify kratom as a Schedule I substance – alongside heroin, LSD and marijuana – without any public notice or comment. The DEA maintains that kratom, which comes from the leaves of a tree that grows in Southeast Asia, poses “an imminent hazard to public safety” and has been linked to several deaths.
However, in a survey of over 6,000 kratom consumers by Pain News Network and the American Kratom Association, 98 percent said kratom was not a harmful or dangerous substance and 95% said banning the herb will have a harmful effect on society. The vast majority said they use the herb in teas and supplements to treat chronic pain, anxiety, depression, addiction or other medical issues. And many say they will continue using kratom even it is scheduled as a controlled substance.
“We need to be very careful about what we put into Schedule I, especially with limited data. I think that’s a huge mistake,” says John Burke, president of Pharmaceutical Diversion Education, which educates law enforcement and healthcare professionals about prescription drug abuse and diversion.
“What if it’s a legitimate drug that can help people? And now we’re going to make criminals out of them. I just think it’s awfully fast. I would hope that if it is Schedule I that it is given a huge window of research and experimentation. To me, if 6,000 people say it’s helping me, that tells me there’s a promise there and we ought to be exploiting it.”
If and when kratom is turned into a controlled substance, it will fall in line behind a long list of illegal drugs the DEA is already struggling – some would say failing -- to control.
“Our priorities would not change. Anybody that’s in violation of the CSA (Controlled Substance Act) runs the risk of arrest and prosecution,” says DEA spokesman Rusty Payne. “That said, right now our biggest problem is the opioid epidemic; fentanyl, heroin, prescription drugs, fentanyl compounds from China, designer synthetic drugs. That’s the biggest priority right now that we’re dealing with.”
http://www.painnewsnetwork.org/stories/2016/9/29/dea-no-timetable-for-kratom-ban
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-------------------- ┼ ··∙ long live the shroomery ∙·· ┼ ...╬π╥ ╥π╬...
Edited by geokills (11/23/16 10:02 AM)
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