As the massive surge of support to keep kratom legal continues gaining momentum, the DEA appears to be shifting the final date to place the ancient plant’s alkaloids on the Schedule I Controlled Substances List. The original Federal Register listing was scheduled for September 30 at the earliest, but that date may change according to a DEA spokesperson. That does not mean, however, that the action isn’t going into effect, only that the final date for a public listing hasn’t been determined.

At the same time, Senator Orrin Hatch (R-Utah), the most senior Republican senator and chair of the Senate Finance Committee, has penned a “dear colleague letter” petitioning the DEA to postpone its plan to emergency Schedule I kratom’s alkaloids, Mitragynine and 7-Hydroxymitragynine, “to allow both for a public comment period and sufficient time for the DEA to outline its evidentiary standards to the Congress regarding the justification for this proposed action.” A draft of the letter was circulated by kratom support organizers earlier today.

Hatch’s letter reportedly calls into question the DEA’s use of its emergency scheduling authority in the case of kratom. Quoting from the draft, “The use of this emergency authority for a natural substance is unprecedented, so it is important to determine whether the circumstances here necessitate a jump to Schedule I.”

The Senate dear colleague letter follows closely after a similar letter, drafted by Reps. Mark Pocan (D-Wis.) and Matt Salmon (R-Ariz.), was signed by 51 members of the House of Representatives. The letter asked Office of Management and Budget Director Shaun Donovan to use statutory authority to delay the DEA’s planned action. The letter had strong bipartisan support from 22 Republicans and 29 Democrats.

Kratom supporters are now reaching out to their senators urging support for the Hatch letter, which is circulating across the Senate. Additionally, over 139,000 people have signed a petition asking the Obama administration to stop the DEA’s planned action.