I am a 54 year-old attorney, recovering alcoholic, and chronic pain patient. God-willing, on August 20, 2024, I will celebrate 13 years of sobriety. In 1986 I was in a car accident which resulted in a diagnosis of “severe osteoarthritis.” In 2010, I walked with a limp and my pain reached the point that I needed the assistance of a pain management practitioner.  I am happy to say that I no longer need the assistance of a pain management physician as the amount of opioid medication I need has significantly decreased. For that, I can thank the occurrence of three events: 1) I quit drinking, 2) I lost 40 pounds, and 3) I found kratom.

There is a suggestion that kratom has “recreational use” and abuse potential. In over 25 years of practicing law—prosecution and defense—I have never had a case where kratom use has been a factor or even discussed. However, I am aware of kratom being used by those seeking to decrease or stop the use of both unprescribed and prescribed opioid medication and finding similar physical relief from pain symptoms.  Those seeking an opioid inducing high—that one associates with either illicit opioid medication abuse or street drugs such as heroin—will surely be disappointed with the effect of kratom.  

My dad is a member of the silent generation. He refuses to take any pain medication—even after a hip replacement. He suffers from degenerative disc disease. Although he won’t take opioid medication, he will take kratom. He has found a natural way to control his pain without the negative effects that some people experience with opiates. Although effective, NSAIDS cannot be used by everyone--my Dad included.

Surely, this Board cannot have the goal of both 1) increasing overdose deaths and 2) preventing Virginians from accessing natural pain relief. Don’t take it from me though—review the history of the “CDC Guideline for Prescribing Opioids for Chronic Pain” fiasco. As I understand it, in 2016 the CDC released prescribing guidelines which resulted in a drastic decrease in the number of opioid prescriptions being written. Meanwhile, the number of overdose deaths attributable to synthetic narcotics tripled if not quadrupled. While illicit users thought they were purchasing pain medication they were, in fact, buying illicit Fentanyl-laced narcotics. Although the CDC walked back their guideline by amending it 2022, the damage was done. Please don’t make the same mistake with kratom.

People who use kratom, it is my belief—fall into two groups: 1) those, like me, who seek a safe, natural, pain relief product, and 2) those who are seeking to reduce or discontinue the use of opiate medication or illicit opiate drugs. It is easy for those in government positions to justify “writing off” a segment of a population as expendable. Keeping kratom legal for consumers age 21 and over is not going to encourage illicit use of drugs. Even the National Institute of Drug Abuse (NIDA) has taken the stance that kratom is a plant that needs to be studied not scheduled. (“NIDA supports and conducts research to evaluate potential medicinal uses for kratom and related chemical compounds.”  “NIDA also supports research towards better understanding the health and safety effects of kratom use. Rare but serious effects have been reported in people who use kratom, including psychiatric, cardiovascular, gastrointestinal and respiratory problems. Compared to deaths from other drugs, a very small number of deaths have been linked to kratom products and nearly all cases involved other drugs or contaminants.”). https://nida.nih.gov/research-topics/kratom

While I don’t predict the number of overdose deaths in Virgnia will triple, or even quadruple, if kratom is removed from the marketplace, there will be an increase in deaths. Whether someone is seeking to reduce or quit the use of opiates, they should not have to risk the chance of taking a Fentanyl-laced narcotic they can buy off of Snapchat when they can buy a legal plant-based product with a history of safety. The death of someone’s child, brother, sister, or grandchild is not a legacy this Board wants to be known for.