Why It Matters
Three kratom-derived compounds, mitragynine pseudoindoxyl (MP), MGM-15, and MGM-16, are now Schedule I controlled substances under federal law through Aug. 26, 2028, while 7-hydroxymitragynine (7-OH) remains unscheduled absent further action by the Drug Enforcement Administration (DEA) or Congress, according to a new Congressional Research Service (CRS) report.
A separate DEA order covering 7-OH and a revised MP threshold rule is expected on or after Nov. 13, making control of those compounds depend on concentration rather than a blanket prohibition.
The Big Picture
DEA's 2026 actions follow its 2016 course, when it withdrew a proposed temporary scheduling of mitragynine and 7-OH after stakeholder comments and did not control either compound.
On July 6, DEA published two Federal Register notices: one proposing threshold-based temporary scheduling of 7-OH, and a second proposing Schedule I placement of MP, MGM-15, and MGM-16 without concentration limits. DEA described all three as potent opioids producing analgesic effects more potent than morphine.
On Oct. 14, DEA published a revised threshold notice adopting a Department of Health and Human Services recommendation: control would apply where 7-OH, MP, or both combined exceed 1 mg per gram in solid forms or 1 mg per milliliter in liquids, or where the mitragynine-to-7-OH/MP mass ratio falls below 100. DEA noted that "neither HHS nor DEA has made a finding that these substances are safe to use at below-threshold levels."
The END 7-OH Act, introduced by Rep. Gus M. Bilirakis (R-FL-12), would permanently add 7-OH to Schedule I, excluding 7-OH naturally contained in the kratom plant; it was referred to committee in March.
The End Gas Station Heroin Act, introduced as S. 5383 by Sen. Bernie Moreno (R-OH) and H.R. 10272 by Rep. Lance Gooden (R-TX-5), would add 7-OH and MP to Schedule I with exceptions for naturally occurring amounts in the kratom plant; both were referred to committee with no further action.
Of the six kratom-related bills spanning the 117th through 119th Congresses in the record, none has advanced beyond committee referral.
The Bottom Line
DEA plans to publish the revised threshold-based temporary scheduling order for 7-OH and MP on or after Nov. 13. Until that order issues, the existing August MP order, which carries no concentration limit, remains in effect.
It remains to be seen whether DEA will temporarily control 7-OH or whether the statutory factors for permanent scheduling will be satisfied for any of these substances, leaving Congress with the option to act before or after DEA moves.
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