No Recourse for 5 Years if SITSA Passes and AG Uses it to Ban Kratom

June 11, 2018 | American Kratom Association


Kratom Warriors:

The FDA has lobbied the Speaker of the House and they are trying to force the SITSA Bill to the House Floor without the amendment to protect kratom from a back-door scheduling maneuver.

The House of Representatives Rules Committee will hear this bill on Tuesday afternoon.

It is critical if you live in the Congressional District of one of these House of Representatives (who serve on the Rules Committee) CALL THEM IMMEDIATELY AND ASK THEM TO SUPORT THE POCAN AMENDMENT TO PROTECT KRATOM.

All Kratom Warriors should contact their own Congressman and tell them to support the Pocan Amendment.

Your help is urgently needed. Call immediately to protect kratom.


Questions & Answers on SITSA

First, follow the link on the SITSA post. “Only” contact those that are on your list, in your district, on the rules committee.

Second  – what do I say?
Simply say:  If you are calling the House Rules Committee and speaking to your Representative, simply tell him, ” I am calling to ask you to support the Pocan Amendment to the SITSA Bill.  (He/she will know what you’re talking about, in regards to SITSA. If they say they can’t  support the amendment then ask him to Simply vote no on SITSA)

Next – why is this important?
SITSA as drafted would significantly expand the universe of drugs or substances that DEA could immediately control with little notice to legitimate stakeholders or input from experts and with few curbs on the authority of DEA. In so doing, the proposed law would give DEA the unfettered ability to eliminate access to such substances, despite what may be longstanding and legitimate non-medical uses (e.g., industrial uses, uses in foods, uses in dietary supplements) and would substantially curtail and burden legitimate scientific research and product development. Furthermore, despite the reference to synthetic analogues in the title
of the legislation, the legislative language is so broad as to sweep in a range of drugs or substances.  In essence, DEA (working with FDA) could schedule kratom on the claim that it is an opioid analogue (a claim publicly made by FDA Commissioner Gottlieb on Nov. 14, 2017).  SITSA does not require any justification from NIDA or HHS on the science, and the AG has complete discretion.

Add to that, if SITSA passes and the Attorney General Sessions decides to ban Kratom using SITSA, we have no recourse for 5 years. Zero recourse…

Once it is scheduled “temporarily” under SITSA for 5 years, the AG can unilaterally continue it — there is no judicial review permitted.  The only claim would have to be on Constitutional grounds, and that is a very expensive and lengthy process with a very uncertain outcome.

Those who make the claim that kratom could not be scheduled under SITSA have clearly not read the definitions that are so broad — and combined with Gottlieb’s claims — puts kratom squarely in the sights of the regulators.

We don’t have time to argue or speculate. The calls need to made ASAP.

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