Why It Matters
A kratom-related compound sold in products online and at convenience stores remains outside federal controlled-substance schedules as the Drug Enforcement Administration weighs temporary restrictions and Congress considers legislation that could impose permanent controls.
A new Congressional Research Service (CRS) report examines 7-OH's legal status under the Controlled Substances Act (CSA) and options for Congress. Three related compounds, mitragynine pseudoindoxyl, dihydro-7-hydroxymitragynine (MGM-15) and 9-fluoro-dihydro-7-hydroxymitragynine (MGM-16), were temporarily placed in Schedule I effective Aug. 26 through Aug. 26, 2028, subjecting them to federal Schedule I controls.
The Big Picture
DEA announced its intent to temporarily schedule 7-OH above specified thresholds in July. The proposal covers kratom plant material containing more than 0.05% 7-OH by dry weight and certain synthetic or processed products containing more than 0.05% 7-OH or more than 1 milligram per article. The public comment period was extended to Sept. 10.
Temporary scheduling orders may last up to two years, with a possible one-year extension while permanent scheduling proceedings are pending, and are not subject to judicial review. The report compares the issue with fentanyl-related substances, which DEA temporarily scheduled as a class in 2018. Congress repeatedly extended that control before permanently placing the class in Schedule I through the HALT Fentanyl Act in July 2025.
The report noted that because only four kratom-related substances are at issue, DEA may be able to conduct the fact-finding required for permanent scheduling, but whether it will temporarily schedule 7-OH or permanently schedule any of the four remains uncertain.
The END 7-OH Act (H.R. 8000) would permanently place synthetic 7-OH in Schedule I. The End Gas Station Heroin Act (S. 5383/H.R. 10272) would schedule 7-OH and mitragynine pseudoindoxyl subject to exceptions for specified concentrations naturally occurring in kratom or finished kratom products. The Safe Sips Act (H.R. 9913) would establish a color-coding system for certain drinks containing intoxicating substances, including kratom-related compounds.
The Bottom Line
The report says Congress could act before or after the DEA, either through the CSA or separate legislation. Lawmakers could also consider regulating kratom itself or mitragynine or changing the CSA's general scheduling procedures. Whether DEA ultimately schedules 7-OH remains unresolved.
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