Published October 27, 2026. We will update this article when the DEA issues a final temporary scheduling order.
On October 14, 2026, the Drug Enforcement Administration published a revised plan to temporarily place 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl (MP) in Schedule I of the Controlled Substances Act. The new notice replaces the threshold the DEA proposed in July and follows an October 8 recommendation from the Department of Health and Human Services.
The new threshold
Under the revised proposal, a product would be a Schedule I substance if either of these is true:
- Concentration test: it contains more than 1 milligram per gram (solids) or 1 milligram per milliliter (liquids) of 7-OH, MP, or both combined.
- Ratio test: the ratio of mitragynine to 7-OH and/or MP is less than 100 to 1.
The ratio test matters because it targets products where 7-OH has been boosted relative to mitragynine, even if the absolute amount is small. Natural leaf contains far more mitragynine than 7-OH, so it generally passes the ratio test; enhanced and semi-synthetic products generally do not.
How this differs from July
The July 2026 notice proposed a 0.05% threshold for 7-OH in botanical material, plus a separate per-product limit for extracts and processed products. The new 1 mg/g level works out to about 0.1% by weight — numerically higher — but adding the ratio test means some products below 0.1% could still be controlled. The July notice was withdrawn.
What is already in effect
Separately, a temporary order placing MP, MGM-15 and MGM-16 in Schedule I took effect on August 26, 2026, and runs through August 26, 2028. That order covers MP with no concentration threshold. The DEA plans to replace it with an order using the new thresholds; until then, the August order stays in effect. MGM-15 and MGM-16 do not occur naturally in the plant and remain controlled.
When could the 7-OH order take effect?
The notice starts a 30-day period before the DEA can issue a temporary scheduling order, which puts the earliest possible date at around November 13, 2026. A temporary order takes effect on the day it is published in the Federal Register and lasts two years, with a possible one-year extension. Bills in Congress would also add 7-OH and MP to Schedule I by statute, with exceptions for naturally occurring amounts.
What it means for consumers
- Natural leaf kratom that meets both tests would not be scheduled by this action.
- Concentrated 7-OH tablets, gummies, shots and strips would very likely be Schedule I once an order is issued, making their manufacture, sale and possession federal crimes.
- The DEA has stressed that a product falling outside Schedule I is not therefore safe.
- State law can be stricter: several states already ban kratom or 7-OH. See our state-by-state guide and the Kratom Law Tracker.
For background, see Kratom vs. 7-OH and Kratom Alkaloids Explained.
Frequently asked questions
Is 7-OH illegal now?
Not yet under federal law as of October 27, 2026. The DEA’s revised notice was published October 14, 2026, and the earliest an order could issue is about November 13, 2026. Some states already ban 7-OH.
What is the DEA’s new 7-OH threshold?
More than 1 mg per gram (or per mL) of 7-OH and/or MP, or a mitragynine-to-7-OH ratio below 100 to 1.
Does the DEA proposal ban kratom leaf?
No. Natural leaf generally falls below the threshold and passes the ratio test, so it would not be scheduled by this action.
Sources
- Congressional Research Service: Temporary Control of 7-OH and Other Kratom-Related Substances
- The Marijuana Herald: DEA Revises Proposed Schedule I Restrictions on Kratom Compounds
- Vicente LLP: DEA Places Three Kratom-Related Substances in Schedule I
- DEA: Temporary Scheduling of 7-OH and Related Substances (July 2026)
Kratom Universe publishes independent educational information. Nothing on this site is medical or legal advice. Kratom is not approved by the FDA to diagnose, treat, cure or prevent any disease. Talk with a healthcare provider before using kratom, and check your state and local laws. If you or someone you know is struggling with substance use, call SAMHSA’s free, confidential National Helpline at 1-800-662-4357.
