1 of 4

May 4, 2020

The White House

RE: Concern Regarding Ban on Kratom

Dear President Trump:

Background:

As you are no doubt aware, the United States Food and Drug Administration (“FDA”)
unsuccessfully took measures to encourage the Drug Enforcement Administration (“DEA”) to
establish kratom as a Schedule I substance on the Controlled Substances Act. Subsequently, the
DEA put forth a public notice in 2016 that it would schedule kratom by way of a unilateral
temporary emergency declaration.1 After a 30-day comment period on the issue, 23,232
Americans, including members of Congress, turned in their opinion with greater than 99 percent
of those opposing the ban, resulting in the DEA rescinding its notice of intent to schedule
kratom.2 This is an extremely rare event in which the DEA has backtracked on an intended action
and one that took the nation by surprise. It is reasonable to conclude that the lack of knowledge
they had regarding kratom at the time of their intent to schedule it was severely limited and only
enlightened when citizens and other government officials educated the agency on the substance.

In an August 30, 2016 media release, the DEA asserted a number of falsehoods with respect to
kratom, including that the substance poses an “imminent threat to public safety” and that
“Kratom is abused for its ability to produce opioid-like effects and is often marketed as a legal
alternative to controlled substances.”3 Later, the DEA posted on their website that kratom is
“more commonly abused in the Asia Pacific region than the United States.”4 Of course, we now
know that simply is not the case. In a new approach to ban kratom, the FDA is now encouraging
individual states to ban kratom one-by-one. In a press release issued by the FDA as recently as
2018, the agency stated that, “agencies need to act quickly to evaluate the abuse potential of
newly identified street drugs for which limited or no pharmacological data are yet available.”5
_______________________________________________________________________________________________________
1 Drug Enforcement Administration (DEA). Schedules of controlled substances: temporary placement of mitragynine and 7-
hydroxymitragynine into Schedule I. Fed Regist. 2016;81(169):59929-59934. www.gpo.gov/fdsys/pkg/FR-2016-08-31/pdf/
2016-20803.pdf. Accessed January 23, 2017.
2 DEA. Withdrawal of notice of intent to temporarily place mitragynine and 7-hydroxymitragynine into Schedule I. Fed Regist.
2016;81(198):70652-70654. www.gpo.gov/fdsys/pkg/FR-2016-10-13/pdf/2016-24659.pdf. Accessed January 23, 2017.
3 DEA Announces Intent to Schedule Kratom. National Media Affairs Office. https://www.dea.gov/press-releases/2016/08/30/dea-
announces-intent-schedule-kratom Published August 30, 2016.
4 Kratom. Drug Facts. Drug Enforcement Administration. https://www.dea.gov/factsheets/kratom Accessed May 2, 2020.
5 Statement from FDA Commissioner Scott Gottlieb, M.D., on the Agency’s Scientific Evidence on the Presence of Opioid
Compounds in Kratom, Underscoring its Potential for Abuse. FDA Statement. https://www.fda.gov/news-events/press-
announcements/statement-fda-commissioner-scott-gottlieb-md-agencys-scientific-evidence-presence-opioid-compounds
Published February 6, 2018.
 2 of 4

What is Kratom?

Kratom, scientifically known as, Mitragyna speciosa, is a tropical tree originating in Southeast
Asia. The leaves of these trees are traditionally chewed or ground up into a powder to make tea.6
The primary constituents of kratom include mitragynine and 7-hydroxymitragynine, which pose
similar affects to that of coffee and are indeed part of the coffee family.7

There also appears to be a plethora of anecdotal evidence supporting the notion that kratom
significantly aids in “weaning” or “tapering” those addicted to opioids without replacing one
addiction for another, or posing other health issues, as alleged by the FDA.8 The FDA has
repeatedly pointed out that kratom was a “contributing factor” in 44 overdose deaths without
making the distinction that kratom was the only known factor in seven of those deaths.9 The
remaining deaths are largely a result of a secondary factor with more contribution. To put this in
perspective, over-the-counter (OTC) non-steroidal anti-inflammatory drugs such as Aspirin, have
7,600 documented deaths associated with its use. There have been no attempts by the FDA or the
DEA to ban or limit these substances.10 There are countless other examples of kratom facing a
disproportionate response by government agencies. It is my sincere hope that your strong and
vigorous administration will be able to reign in these now rogue federal agencies from attacking
a coffee family plant on the dime of tax-payers.

It is thought that kratom first started appearing in the United States in the 1980’s and is shown to
be safe for most people for non-medical and dietary purposes.11 This is a substance with a proven
track record of safety for individual use in the United States and around the world. Indeed, for
thousands of years, kratom was successfully used in Asian countries as a substitute for coffee and
other items.12 It is imperative that kratom not be limited to the American people for the
abovementioned reasons, namely, the right of Americans to choose what they consume, the
potential impacts the substance contributes to ceasing opioid addiction, and other potential
benefits as a direct and proximate result of kratom. Lastly, banning the substance would have a
catastrophic effect on thousands of small businesses around the nation, lower tax revenue, and
incarcerate otherwise law-abiding citizens.
______________________________________________________________________________________________________
6 Warner ML, Kaufman NC, Grundmann O. The pharmacology and toxicology of kratom: from traditional herb to
drug of abuse. Int J Legal Med. 2016;130(1):127-138.
7Id.
8 Grundmann O. Patterns of Kratom use and health impact in the US-Results from an online survey. Drug Alcohol
Depend. 2017;176:63–70. doi:10.1016/j.drugalcdep.2017.03.007
9CDC: Americans Are Dying From Kratom Overdoses. WebMD. Dr. E.J. Mundell. https://www.webmd.com/mental-health/
addiction/news/20190411/cdc-americans-are-dying-from-kratom-overdoses#1 Accessed: May 2, 2020.
10 Robyn Tamblyn, PhD; et al., "Unnecessary Prescribing of NSAIDs and the Management of NSAID-Related
Gastropathy in Medical Practice," Annals of Internal Medicine (Washington, DC: American College of Physicians,
1997), September 15, 1997, 127:429-438, from the web at http://www.acponline.org/journals/annals/15sep97/
nsaid.htm, Accessed Feb. 14, 2001.
11 Henningfield JE, Fant RV, Wang DW. The abuse potential of kratom according the 8 factors of the controlled
substances act: implications for regulation and research. Psychopharmacology (Berl). 2018;235(2):573–589. doi:
10.1007/s00213-017-4813-4. Accessed May 2, 2020.
12 Suwanlert S. A study of kratom eaters in Thailand. Bulletin on Narcotics. 1975;27(3):21–27. Accessed: May 2,
2020.
 3 of 4

Kratom and the Law

The United States Court of Appeals for the 7th Circuit granted summary judgement against the
FDA, holding that the FDA’s definition of food additive “would obscure any distinction between
‘foods’ under § 321(f) and ‘food additives’ under § 321(s)” contrary to the intent of Congress.
The FDA has long attempted to use unintended legal maneuvers in an attempt to limit or ban
kratom. For example, retailers selling kratom in and of itself are purported to be in compliance
with this line of law theory, while selling the same kratom in regular capsules constitutes a food
additive in violation of the law.

Kratom is not a food additive under the law or in reality; nor is it labeled a dietary supplement,
treatment for any condition, or anything other than a substance that can be legally possessed
federally in the United States. Even so, 21 C.F.R. § 170(3)(I)(1998) states, that “it’s required that
additives be ‘safe’ as defined as a reasonable certainty by competent scientists that no harm will
result from the intended use of the additive.” Certainly, gelatin and plant-based capsules
regularly used throughout the United States have a proven track record of safety.

Moreover, U.S.C. § 402(a) indicates that, “a food shall be deemed to be adulterated if it bears or
contains any poisonous or deleterious substance which may render it injurious to health…” First,
kratom is not sold as a food, and while some may ingest it, there is little data indicating harm
follows as a result.

In December 2018, the University of Florida College of Pharmacy was awarded an additional
$3.5 million grant by the National Institute of Drug Abuse to further study kratom. Dr. Lance
McMahon and Dr. Chris McCurdy of the College indicated that “four million people in the
United States use kratom” in the absence of any adverse reactions.13 They were also recently
featured in a Netflix documentary titled, Leaf of Faith, in which they stated that it was a “great
starting point for developing safer pain relievers” and no known evidence spoke to its toxicity in
humans or animals.

Despite the facts in this case, Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin
enacted bans on the sale and possession of kratom in the absence of a referendum or ballot
measure. Additionally, there are a select few series of counties and municipalities throughout the
United States than ban the sale of this substance.14

_______________________________________________________________________________________________
13 UF College of Pharmacy Receives $3.5 Million NIDA Grant to Bolster Kratom Research. University of Florida.
https://pharmacy.ufl.edu/2018/12/10/uf-college-of-pharmacy-receives-3-5-million-nida-grant-to-bolster-kratom-
research/ Accessed May 2, 2020.
14 Kratom Users In States That Ban it Discuss How Prohibition Has Made Life Worse. The Huffington Post. https://
www.huffpost.com/entry/kratom-ban-states_n_5b2bc298e4b00295f15a3b83 Accessed: May 2, 2020.
 4 of 4

The possession of this largely legal substance has real consequences for otherwise law-abiding
citizens. Local news station, Nashville News 4 published a story on May 29, 2018 of a man who
was arrested and charged with felony possession of a Schedule I controlled substance—natural,
unadulterated kratom.15 One week prior, then governor Bill Haslam signed into law prohibiting
the sale and possession of synthetic kratom—not natural, unadulterated kratom as was the case
reflected above. As a result, Tennessee Attorney General Herbert H. Slatery III issued an opinion,
which stated “Possession of the Kratom plant in its natural botanical form should not subject a
person to potential criminal prosecution under Tennessee law. The Kratom plant in its natural
botanical form is not a prohibited controlled substance under Tennessee law.”16 The
abovementioned charged individual was then eventually adjudicated not guilty.

To the contrary, four states—Arizona, Georgia, Nevada, and Utah— have specifically permitted
the use of kratom by enacting the Kratom Consumer Protection Act. This alleviates many of the
concerns that kratom opponents have by requiring the purchaser of kratom to be at least 21 years
of age and prohibits the selling of adulterated kratom products.

For example, House Bill 551 in Georgia passed and in so doing, specifically noted by the
Legislature that, “The General Assembly finds that research of the benefits and safety risks of
kratom and its role in battling opioid addiction is important to the public welfare of the citizens
of Georgia. This body also finds that the General Assembly, along with federal, state and local
law enforcement should collaborate to create additional standards based on scientific research to
protect kratom users.”17

I respectfully submit to you that action be taken to curb the abuse-of-power happening under
your Administration at the Food and Drug Administration and Drug Enforcement Administration,
which have repeatedly warned individual states not to pass the Kratom Consumer Protection Act,
but instead enact a flat-out ban on the substance with little evidence to support such a broad
conclusion. This is being done on the tax-payers dime and flies in the face of the freedom
Americans enjoy each and every day in the United States. Please take any action you deem
necessary to protect the rights of the Americans you swore to defend and protect on January 20,
2017.

Respectfully submitted,

Jordan Turner
Premedical Student at The Ohio State University
Teaching Assistant

________________________________________________________________________________________________
15 Confusion Persists Over Kratom Law in Tennessee. Nashville 4 News. https://www.wsmv.com/news/confusion-
persists-over-kratom-law-in-tennessee/article_5533da4f-2c4a-5c3f-98df-0c498f853eaa.html Accessed May 2, 2020.
16 State of Tennessee; Office of the Attorney General; Legality of Possessing Kratom Plant in Tennessee. https://
www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2017/op17-055.pdf Accessed May 2, 2020.
17 Georgia House Bill 551. http://www.legis.ga.gov/Legislation/20192020/183343.pdf Accessed: May 2, 2020.