Proposed Rule No.: 64F-12-0385 would make all Dietary Supplements Made With Ma Huang (DSMWMH) presription drugs

State of Florida Department of Health
2633 Mahan Drive
Tallahassee, Florida 32308
Attention: Dr. Jerry Hill, Chief, Bureau of Pharmacy Services

Dear Gentlepersons:

I respectfully but strongly oppose Proposed Rule No.: 64F-12-0385 which, if enacted, would make all Dietary Supplements Made With Ma Huang (DSMWMH) presription drugs. This proposed rule would make it a serious crime in Florida for a Health Food Store, herbalist, or direct distributor to possess and sell DSMWMH. Ma Huang is the Chinese name for Ephedra.

Under the proposed rule, a Florida citizen could legally travel to any of the other 49 states where DSMWMH are prefectly legal and buy any amount they want without a prescription. However, if they returned with them to Florida, they could be arrested, prosecuted, fined, and sent to prison up to a year, for "unauthorized possession of a prescription drug."

Ma Huang is a safe herb, not a dangerous drug. It is Safe When Used As Directed (SWUAD). MA Huang/Ephedra is one of the safest, and most widely used herbs in the world. It has bee used by millions for more than 5,000 yers as an herbal treatment for coughs, fever, and asthma.

In just the last 20 years additional millions have discovered DSMWMH to be a far safer and less expensive way to help lose weight and keep it off than weight-loss-prescription-drugs like Phen Fen and Redux. Naturally, as with any other food, some may be allergic or sensitive to Ma Huang, or it can be abused, or taken in excess. However, Ma Huang/Ephedra is SWUAD.

In America we don't make foods prescription drugs simply because a few cannot eat them. A few of us may be extra-sensitive to milk, chocolate, wheat, and even Florida orange juice or strawberries. If we are allergic to a food, we simply stop eating it. We don't make it a drug!

I am surprised to learn that the Florida Bureau of Pharmacy Services has not interviewed any individuals to discover and put in the official record any and all health benefits they have received from using DSMWMH. This should be done at once! The benefits of any proposed rule with criminal penalties must be weighted against the risks. In the case of DSMWMH, the benefits overwhelmingly outweigh the risks, as will be obvious when you investigate, record and publicize the benefits with the same zeal you have searched for the risks.

Sincerely Yours,

Prepared by Clinton Ray Miller, Health Freedom Legislative Advocate for the National Council For Improved Health (NCIH). Contact Miller: Box 77034, Washington, D.C. 20013; (202) 543-6441; or (704) 924-8615 (limit-1) (97-17)

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For help with a relative legislative project or consultation, Mr. Miller can be reached at:
Miller, Clinton Ray
Health Freedom Legislative Advocate
Box 77034
Washington, D.C. 20013
202-543-6441 voice
202-543-7109 fax
704-924-8615 voice
704-924-8616 fax
cmiller@calcoast.com

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