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American Kratom Association sealClarifying kratom policy

Federal scheduling · October 9, 2026

Botanical kratom and the federal line.

The Department of Justice, the DEA, and HHS took coordinated action against concentrated and chemically enhanced 7-OH products — with thresholds built to leave natural botanical kratom out of Schedule I.

Department of Justice

The Justice Department (Press Release 26-1165) announced updated emergency scheduling actions covering 7-OH and three related opioid substances: mitragynine pseudoindoxyl (MGPI), MGM-15, and MGM-16. The update incorporates new HHS science and replaces a blanket approach with concentration and ratio thresholds that separate products with trace amounts from products that were deliberately enhanced or concentrated.

The release states that HHS's analysis confirms 7-OH occurs naturally in botanical kratom at relatively low levels, and that MGPI may appear at trace levels in some botanical products. The thresholds were recommended specifically so products matching botanical kratom are not swept in with intentionally concentrated ones.

"Dangerous and addictive opioids do not belong behind convenience store counters."— Attorney General Todd Blanche

Drug Enforcement Administration

Acting on HHS's recommendation, DEA is issuing two separate Notices of Intent for temporary placement in Schedule I.

Notice 1

MGM-15 and MGM-16

Reissued without change. These synthetic 7-OH derivatives have no natural-kratom carve-out because they do not occur in the plant.

Notice 2

7-OH and MGPI

A new notice incorporating HHS's concentration and ratio thresholds — the notice that matters for the botanical kratom market.

MGPI, MGM-15, and MGM-16 were temporarily placed in Schedule I on August 26, 2026; those controls stay in effect during the 30-day comment period and until DEA issues a new order. For 7-OH, DEA had not yet issued a temporary scheduling order.

Health and Human Services

After reviewing scientific data and public comments, Assistant Secretary for Health Admiral Brian Christine, M.D., recommended the threshold approach. It targets concentrated or chemically altered products while distinguishing them from natural botanical kratom, which may contain trace 7-OH and MGPI.

"We are drawing a clear line between natural kratom and dangerous, enhanced opioid products."— HHS Secretary Robert F. Kennedy, Jr.

FDA's review found 7-OH substantially more potent than morphine in preclinical studies (roughly two to nine times) and found a meaningful risk of opioid-like dependence and withdrawal from MGPI — risks that belong to enhanced products, not the natural leaf.

The thresholds

7-OH and MGPI — alone or combined — are controlled when a product meets either test:

Solid

> 1 mg/g

Powders, capsules, and other solid forms.

Liquid

> 1 mg/mL

Shots, tinctures, and liquid preparations.

Ratio

< 100 : 1

Mitragynine ÷ (7-OH + MGPI). Natural leaf sits well above this.

Mitragynine is the predominant alkaloid in kratom; in natural leaf, 7-OH is only a small fraction of it. A product where 7-OH approaches one percent of mitragynine has been enhanced — the ratio test identifies that regardless of how diluted the final product is.

The claim

Where the federal line falls

The record

Not controlled — natural botanical kratom: leaf, powder, and properly formulated products with an alkaloid profile consistent with the plant.

Schedule I (temporary) — enhanced or synthetic: isolated, synthesized, or fortified 7-OH or MGPI above the thresholds, and MGM-15 and MGM-16 in any amount.

The AKA position

AKA welcomed the actions and the resolution of its litigation over MGPI scheduling, which it brought so federal policy would not inadvertently criminalize natural products with incidental trace compounds. AKA has consistently supported action against enhanced 7-OH products while insisting scheduling be defined carefully enough that sensitive lab testing does not pull natural products into a ban.

"Federal drug policy should target the substances and product formulations that actually create the risk."— Mac Haddow, Senior Fellow on Public Policy, AKA

To state policymakers: follow the federal model instead of sweeping prohibitions — write concentration thresholds, objective lab testing standards, and clear protections for compliant natural kratom into state law. Consumer protection and consumer access are not competing objectives.

How we got here

  1. July 2025

    After an FDA scientific and medical evaluation, HHS recommends that 7-OH above a specified threshold be placed in Schedule I.

  2. July 2026

    DEA announces intent to temporarily schedule 7-OH above a threshold; HHS opens public comment on the proposed threshold.

  3. Aug 26, 2026

    DEA temporarily places MGPI, MGM-15, and MGM-16 in Schedule I. Questions arise about natural kratom products containing trace MGPI. AKA files litigation.

  4. Oct 9, 2026

    HHS issues updated thresholds for 7-OH and MGPI. DOJ announces updated emergency scheduling; DEA issues two new Notices of Intent. AKA litigation resolved.

  5. Next 30 days

    Notice of Intent comment period. Existing controls on MGPI, MGM-15, and MGM-16 remain until DEA issues a new temporary scheduling order.

Sources