Why It Matters

Three kratom-related compounds are now federally controlled substances, while a fourth, 7-hydroxymitragynine (7-OH), remains unscheduled, according to an Oct. 6 Congressional Research Service (CRS) report. The distinction leaves the compound at the center of the "gas station heroin" debate outside federal scheduling controls, even as lawmakers consider legislation targeting it. ​

The Drug Enforcement Administration (DEA) temporarily placed mitragynine pseudoindoxyl (MP), MGM-15 and MGM-16 in Schedule I of the Controlled Substances Act (CSA), effective Aug. 26 through Aug. 26, 2028. As of the report's publication, DEA had not finalized the temporary scheduling of 7-OH. The report states that "absent final scheduling action by DEA or Congress, however, 7-OH is not a controlled substance."

The Big Picture

DEA announced its intent to temporarily schedule 7-OH and the three related compounds on July 1, with notices published in the Federal Register on July 6. The proposed 7-OH restrictions would apply to kratom plant material containing more than 0.05% 7-OH and to synthetically derived or further-processed products, including extracts, concentrates and pressed pills, subject to the proposal's concentration and quantity thresholds. DEA extended the public comment period to Sept. 10 following requests for additional time.

The Federal Register order placing MP, MGM-15 and MGM-16 in Schedule I subjects unauthorized manufacture, distribution and possession to federal controlled-substance restrictions. Schedule I substances have no currently accepted medical use under federal law and are subject to strict research controls. The order cites the compounds' opioid-receptor activity, potential for dependence, and risks including respiratory depression.

The CSA generally bars judicial review of temporary scheduling orders. CRS notes that DEA could pursue permanent scheduling through the required administrative process, although it remains uncertain whether the agency will temporarily schedule 7-OH. Congress may also schedule substances through legislation without following DEA's administrative fact-finding process.

The END 7-OH Act (H.R. 8000), sponsored by Rep. Gus Bilirakis (R-FL), would permanently place 7-OH in Schedule I while excluding the compound as naturally present in kratom. The House referred the measure to the Energy and Commerce and Judiciary committees. The End Gas Station Heroin Act would place both 7-OH and MP in Schedule I, with exceptions addressing naturally occurring compounds in kratom and qualifying finished products. Both proposals remain pending in committee, according to the CRS report's legislative status.

The Bottom Line

The Trump administration's DEA must determine whether to finalize temporary scheduling of 7-OH, which would bring covered products under Schedule I restrictions already imposed on MP, MGM-15 and MGM-16. Congress could also establish permanent controls or statutory exceptions through legislation, regardless of whether DEA acts first.

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