Dear Senator Bill Nelson,
As your constituent, a registered voter, a taxpayer, and an American citizen, I plead for a moment of your time by asking for help in postponing the DEA’s decision to place a Schedule 1 ban on the herbal supplement known as kratom, set to take effect on September 30, 2016. The Drug Enforcement Agency is denying our constitutional right to due process and are violating a number of laws, regulations, and recommendations in light of this ban. The DEA’s classification of kratom violates the Information Quality Act because the DEA did not support the Schedule 1 classification of kratom with a Highly Influential Scientific Assessment, a process the DEA is required to rely upon. Also, the Office of Legal Counsel in the Department of Justice has the duty to review regulatory actions submitted by the DEA prior to being submitted to the Office of Management and Budget. According to the standards set by the Controlled Substances Act, “If the Attorney General finds that the scheduling of a substance in Schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety”, the “rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing.” Thus, the Attorney General must undergo a hearing prior to a ruling, which has not been conducted. The DEA is also violating the US-Canada Regulatory Cooperation Council Agreement because Canada officially labels kratom as a Natural Health Product. The U.S. regulatory system, namely the FDA, works closely with Canada. Therefore the DEA must provide ample notice to Canadian officials before making this decision [1].
The DEA claims that kratom has “no medicinal use” [2]. That being said, I direct you to the Pain News Network and the American Kratom Association, who conducted an online survey consisting of 6,150 kratom consumers [3]. Their findings showed that over 86% of kratom users take the herbal supplement to treat a personal medical condition; 51% of kratom users take the supplement for pain-related ailments, 14% for anxiety relief, 9% for depression relief, 9% to treat their formal opioid addiction, 3% to combat their alcoholism, 11% for other reasons, and just 2% for recreational use. The majority using kratom are men and women in their 40s, 50s, and 60s, not teenagers and young adults. Although this survey does not medically prove that kratom has a medicinal use, this should stand as a powerful argument contradicting the DEA’s claim. Regardless of the survey, the DEA has conducted no formal studies on kratom, nor have they cited any studies in their claim that kratom has no medicinal use. Therefore this conclusion cannot justify a temporary ban on kratom. Likewise, the DEA cannot state that kratom is “highly addictive” because they have cited no clinical studies supporting this accusation.
The DEA claims that kratom has attributed to 15 deaths over the past 2 years [4], yet these 15 kratom-related deaths cannot be verified because the DEA did not provide any details. Even if these 15 deaths were linked to kratom, that number is vastly overshadowed by the 29,467 deaths directly caused by prescription pain relievers in 2015 alone [5]. In the past four years 13 deaths have been attributed to 5 Hour Energy Drinks, yet they remain on shelves across America today [6].
I am 32 years old and take kratom for a herniated disc I have suffered since June of 2015. I have a history with Hydrocodone and Oxycodone prescribed by physicians for a kidney-related illness I suffered from 2009-2010. While taking these medications daily for a year, I went through the horrible side effects of these prescribed drugs, something I would never wish on my worst enemy. Pain from my herniated disc has been highly manageable through the benefits of kratom. I can enjoy a relatively normal day without the doped-up feelings I receive from prescription opioids. Kratom has never produced any opiate-like effects in my case other than its ability to minimize my pain. Only 2 percent of individuals claim to receive any form of “high” through the use of kratom [3]. Like so many others, I honestly don’t know what I will do if kratom is moved to a Schedule 1 classification. The only options I will have are to somehow cope with the pain I experience every day or to fall back into the awful regiment of prescription opioids, a decision that will profoundly impact my daily life in such a negative way.
In conclusion, this natural herbal supplement has not been adequately reviewed or studied by the Drug Enforcement Agency. The DEA did not provide any sources backing their claims and therefore cannot be verified. They have no legal right to abuse their power and take away a natural remedy that countless thousands of fellow Americans use as a way to significantly improve their lives. We are not resorting to crime and violence to satisfy a kratom addiction. The overwhelming majority of kratom users take the supplement because it simply remedies their ailments and nothing more. Every person equally deserves a good quality of life. The DEA has no justifiable reason to ban kratom based on unsubstantiated claims that are not backed by documented facts. I desperately need your help during our greatest time of need and I hope you find the compassion to assist those who look to you for help and guidance. Please help us hold the Drug Enforcement Agency accountable for not recognizing our constitutional right to due process and postpone their ban of an herbal remedy used by thousands to improve their daily lives.
Thank you very much for your time.
With sincerest regards,
-[Spaethon]
Resources:
(1) - http://www.activistpost.com/2016/09/regulatory-watchdog-calls-dea-halt-kratom-ban-calls-omb-intervention.html
(2) - https://www.dea.gov/pr/multimedia-library/publications/drug_of_abuse.pdf#page=84
(3) - http://www.painnewsnetwork.org/stories/2016/9/18/kratom-users-say-ban-will-lead-to-more-drug-abuse
(4) - http://www.fox13news.com/health/203207749-story
(5) - http://www.asam.org/docs/default-source/advocacy/opioid-addiction-disease-facts-figures.pdf
(6) - http://www.caffeineinformer.com/a-real-life-death-by-caffeine
Senator Nelson's reply to my letter:
Dear Mr. Spaethe:
Thank you for contacting me regarding your concerns about the U.S. Drug Enforcement Agency (DEA) Notice of Intent to temporarily place Mitragynine and 7-Hydroxymitragynine, main active ingredients in the Kratom plant, into a Schedule I. I appreciate your taking the time to be involved and informed about matters important to Florida and our nation.
On August 30, the DEA published a notice of intent to schedule active ingredients in Kratom, a plant from Southeast Asia, into Schedule I of the Controlled Substances Act.
Since publishing the notice, DEA received a number of public comments. To allow consideration for comments, the DEA has withdrawn the notice of intent and is soliciting public comments until December 1, 2016. For more information or to provide comment please visit: http://bit.ly/2e0Wm81.
If you have any other concerns, please do not hesitate to contact me in the future.
Sincerely,
Bill Nelson
=========================================================
Thank you for contacting me regarding your concerns about the U.S. Drug Enforcement Agency (DEA) Notice of Intent to temporarily place Mitragynine and 7-Hydroxymitragynine, main active ingredients in the Kratom plant, into a Schedule I. I appreciate your taking the time to be involved and informed about matters important to Florida and our nation.
On August 30, the DEA published a notice of intent to schedule active ingredients in Kratom, a plant from Southeast Asia, into Schedule I of the Controlled Substances Act.
Since publishing the notice, DEA received a number of public comments. To allow consideration for comments, the DEA has withdrawn the notice of intent and is soliciting public comments until December 1, 2016. For more information or to provide comment please visit: http://bit.ly/2e0Wm81.
If you have any other concerns, please do not hesitate to contact me in the future.
Sincerely,
Bill Nelson
=========================================================
=========================================================
=========================================================
Senator Rubio requires less than 2000 characters when sending him an email.
Dear Senator Rubio,
As your constituent, a registered voter, a taxpayer, and an American citizen, I plead for a moment of your time for help in postponing the DEA’s decision to place a Schedule 1 ban on the herbal supplement known as kratom, set to take effect September 30, 2016. The DEA is denying our constitutional right to due process and are violating a number of laws, regulations, and recommendations. The DEA’s classification of kratom violates the Information Quality Act because the DEA did not support the Schedule 1 classification with a Highly Influential Scientific Assessment. Also, the Office of Legal Counsel in the Department of Justice has the duty to review regulatory actions submitted by the DEA prior to being submitted to the Office of Management and Budget. According to the standards set by the Controlled Substances Act, “If the Attorney General finds that the scheduling of a substance in Schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety”, the “rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing.” Thus, the Attorney General must undergo a hearing prior to a ruling, which has not been conducted. Canada has labeled kratom as a Natural Health Product and since Canada works closely with the FDA, ample notice must be given to Canada per the US-Canada Regulatory Cooperation Council Agreement.
The DEA alleges that kratom is “an imminent threat to public safety,” is “a highly addictive substance,” and has “been linked to 15 deaths.” These allegations have not been verified and the DEA has no justifiable reason to ban kratom based on unsubstantiated claims. They have no right to suddenly ban a natural remedy Americans freely use as a way to improve the quality of live we all deserve. I desperately need your help during our greatest time of need and I hope you find the compassion to assist those who look to you for help and guidance. Thank you for your time.
Sincerely,
Senator Rubio requires less than 2000 characters when sending him an email.
Dear Senator Rubio,
As your constituent, a registered voter, a taxpayer, and an American citizen, I plead for a moment of your time for help in postponing the DEA’s decision to place a Schedule 1 ban on the herbal supplement known as kratom, set to take effect September 30, 2016. The DEA is denying our constitutional right to due process and are violating a number of laws, regulations, and recommendations. The DEA’s classification of kratom violates the Information Quality Act because the DEA did not support the Schedule 1 classification with a Highly Influential Scientific Assessment. Also, the Office of Legal Counsel in the Department of Justice has the duty to review regulatory actions submitted by the DEA prior to being submitted to the Office of Management and Budget. According to the standards set by the Controlled Substances Act, “If the Attorney General finds that the scheduling of a substance in Schedule I on a temporary basis is necessary to avoid an imminent hazard to the public safety”, the “rules of the Attorney General under this subsection shall be made on the record after opportunity for a hearing.” Thus, the Attorney General must undergo a hearing prior to a ruling, which has not been conducted. Canada has labeled kratom as a Natural Health Product and since Canada works closely with the FDA, ample notice must be given to Canada per the US-Canada Regulatory Cooperation Council Agreement.
The DEA alleges that kratom is “an imminent threat to public safety,” is “a highly addictive substance,” and has “been linked to 15 deaths.” These allegations have not been verified and the DEA has no justifiable reason to ban kratom based on unsubstantiated claims. They have no right to suddenly ban a natural remedy Americans freely use as a way to improve the quality of live we all deserve. I desperately need your help during our greatest time of need and I hope you find the compassion to assist those who look to you for help and guidance. Thank you for your time.
Sincerely,
-[Spaethon]
He never sent me a response. I sent him this letter twice and received 2 of this generic reply:
Thank you for taking the time to contact me. Your correspondence has been received and I welcome the opportunity to address your concerns. Hearing directly from constituents such as yourself is truly an honor, and your input is much appreciated.
Please look for my response in the near future. In an effort to serve you better, please do not duplicate e-mails into the web-form, as it may serve to delay the response to your concerns. If you need immediate assistance with a federal agency, please call (866) 630-7106, toll-free in Florida.
Sincerely,
U.S. Senator Marco Rubio
He never sent me a response. I sent him this letter twice and received 2 of this generic reply:
Thank you for taking the time to contact me. Your correspondence has been received and I welcome the opportunity to address your concerns. Hearing directly from constituents such as yourself is truly an honor, and your input is much appreciated.
Please look for my response in the near future. In an effort to serve you better, please do not duplicate e-mails into the web-form, as it may serve to delay the response to your concerns. If you need immediate assistance with a federal agency, please call (866) 630-7106, toll-free in Florida.
Sincerely,
U.S. Senator Marco Rubio
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