Feds Eye Schedule I for Tiny Kratom Ingredient
Published Date: 7/6/2026
Notice
Summary
The government is planning to temporarily put 7-hydroxymitragynine, a chemical found in kratom, into the strictest drug category (Schedule I) if it’s above a tiny amount. This affects anyone making, selling, or using kratom products with higher levels of this chemical. People have until July 31, 2026, to share their thoughts, and this move could change how kratom products are handled and sold.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Temporary Schedule I Placement for 7‑OH
The Department of Health and Human Services is supporting a DEA temporary order to place 7‑hydroxymitragynine (7‑OH) above a specified threshold into Schedule I of the Controlled Substances Act for up to two years. If the temporary order is issued, products or materials that meet the threshold would be treated as Schedule I substances; stakeholders have until July 31, 2026 to submit comments to the public docket (HHS‑OASH‑2026‑0232).
Numeric Thresholds That Trigger Controls
DEA's specified threshold would treat as Schedule I: (A) any Mitragyna speciosa (kratom) botanical material containing more than 0.050% 7‑hydroxymitragynine (7‑OH) on a dry weight basis; or (B) alternative articles (including synthetic products or processed extracts, concentrates, edibles, or pills) containing more than 0.050% 7‑OH by weight/volume/volume or containing more than 1.00 milligram of 7‑OH per article. Producers, processors, and sellers of kratom products that exceed these thresholds would be subject to the temporary scheduling action.
Public Comment Invitation on Threshold and Measures
OASH has opened a public docket (HHS‑OASH‑2026‑0232) and requests data and comments by July 31, 2026 on whether the identified 7‑OH threshold constitutes an imminent hazard to public safety and on possible alternative measurement expressions. Submitted comments will be provided to the Attorney General for consideration in the temporary scheduling decision.
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