DEA Eyes Kratom Cousins: Schedule I If Over Weird Chemical Threshold
Published Date: 10/14/2026
Proposed Rule
Summary
The DEA plans to temporarily put 7-hydroxymitragynine and mitragynine pseudoindoxyl on Schedule I if their amounts go over a certain limit. This means some products with these substances will face strict rules, but smaller amounts might still be allowed. The change affects makers, sellers, and users, with new rules expected soon that could impact business and safety regulations.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Schedule I controls above clear thresholds
The DEA intends to place 7-hydroxymitragynine and mitragynine pseudoindoxyl into Schedule I when either substance alone, or their combined amount if both are present, exceeds a threshold: greater than 1 mg per gram for solids or greater than 1 mg per milliliter for liquids, or when the mass ratio of mitragynine to 7-hydroxymitragynine or mitragynine pseudoindoxyl (or their combined amount) is less than 100. Once the temporary order is issued, the Schedule I regulatory controls and administrative, civil, and criminal sanctions will apply to people who handle (manufacture, distribute, import, export, research with, or possess) those substances above the specified threshold.
Small-dose products may remain legal
The HHS-recommended threshold (greater than 1 mg/gram for solids or greater than 1 mg/milliliter for liquids, or the specified mass-ratio test) would allow certain products with amounts at or below those limits to remain on the market without being subject to Schedule I controls. However, neither HHS nor DEA has made a finding that these substances are safe to use at below-threshold levels.
Existing mitragynine pseudoindoxyl order continues until 2028
A prior DEA temporary order published August 26, 2026, placed mitragynine pseudoindoxyl in Schedule I without a threshold and remains effective until August 26, 2028, or until a new temporary order (such as the threshold-based order) is published and the earlier order is withdrawn, whichever occurs first. That means persons already subject to the August 26, 2026 order remain under Schedule I controls until August 26, 2028 unless DEA publishes and replaces it earlier.
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Key Dates
Department and Agencies
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