DEA Publishes 7-OH Schedule I Notice of Intent (14 October 2026)

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Short answer: On 14 October 2026 the U.S. Drug Enforcement Administration (DEA) published a Federal Register notice of intent to temporarily place 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl (MGPI) in Schedule I when either substance alone, or both combined, exceeds set concentration or ratio thresholds. This is not yet a final scheduling order. A temporary order cannot issue before 13 November 2026. Botanical kratom leaf itself remains federally unscheduled. Concentrated 7-OH products are the clear target.

What did DEA publish on 14 October 2026?

DEA published document 2026-20943 (91 FR 65370), titled Schedules of Controlled Substances: Temporary Placement of 7-Hydroxymitragynine and Mitragynine Pseudoindoxyl Above a Specified Threshold in Schedule I. It is listed as a proposed amendment and notice of intent under 21 U.S.C. 811(h). The same day, DEA Diversion Control listed the PDF under What’s New.

In a separate action in the same issue, DEA withdrew its earlier 7 July 2026 notice of intent that used a different 7-OH threshold. The August 26, 2026 temporary order that already placed MGPI (without a threshold), MGM-15 and MGM-16 in Schedule I remains in effect until it expires or a new temporary order replaces it.

What thresholds would trigger Schedule I?

Per the Federal Register notice and the HHS recommendation of 8 October 2026 (announced publicly on 9 October 2026), 7-OH and MGPI would be subject to Schedule I controls when either substance alone, or their combined amount if both are present, is:

  • Greater than 1 mg per gram in solid forms (powders, capsules, other solids), or greater than 1 mg per milliliter in liquids; or
  • When the mass of mitragynine divided by the mass of 7-OH, MGPI, or both combined is less than 100 to 1.

HHS described this as a way to distinguish concentrated or enhanced products from botanical kratom that may contain only trace levels of these compounds (HHS, 9 October 2026; DOJ, 9 October 2026). The Federal Register text states that neither HHS nor DEA has found below-threshold levels safe for use.

When could a temporary order take effect?

Under 21 U.S.C. 811(h), DEA must wait at least 30 days after publishing the notice of intent. The notice states the temporary scheduling order will be published on or after 13 November 2026. Once issued, a temporary Schedule I placement typically lasts two years, with a possible one-year extension while permanent scheduling proceeds. Temporary orders under 811(h) are not subject to the usual notice-and-comment rulemaking process.

Until that order is published, above-threshold 7-OH is not yet federally Schedule I under this new notice. Do not treat the notice of intent as a ban already in force.

What does this mean for B2B buyers?

For importers, brands and distributors sourcing from Thailand:

  • Concentrated 7-OH products (isolates, high-dose tablets, shots and similar enhanced formats) sit squarely in the intended Schedule I scope once the temporary order issues. Plan inventory, labeling and supplier contracts accordingly. Do not assume goods in transit after the order date will clear.
  • Botanical leaf and powder remain federally unscheduled as of this writing. Buyers who need alkaloid documentation should request lot COAs that report mitragynine and 7-OH so they can check concentration and the mitragynine:7-OH ratio against the published thresholds.
  • FDA and import risk already apply. FDA continues to treat concentrated 7-OH as unlawful in foods and dietary supplements and has issued warning letters. Import Alert 54-15 still allows detention of kratom dietary supplements and bulk ingredients. Scheduling does not replace FDA food and drug rules.
  • State law still matters. Several U.S. states ban or cap 7-OH independently of federal Schedule I timing. Confirm destination state rules before shipping.
  • Thai export path. Commercial leaf exports from Thailand use the ONCB licence and pre-shipment notification framework. Extracts and concentrates sit outside the clear leaf pathway. See our guides on export documents and permits and how to source bulk kratom from Thailand.

How does this relate to earlier 2026 actions?

On 9 October 2026, DOJ and HHS announced that DEA would issue updated notices of intent reflecting a revised HHS threshold for 7-OH and MGPI. The 14 October Federal Register publication is that notice. FDA’s page on 7-OH products was updated to reference the same threshold language. Earlier in 2026, DEA had published a July notice of intent for 7-OH (now withdrawn) and an August temporary order for MGPI, MGM-15 and MGM-16.

What should buyers do next?

  1. Read the primary Federal Register notice and the DOJ and HHS releases linked below. Do not rely on social media summaries alone.
  2. Ask counsel in your destination market how temporary Schedule I controls would affect your SKUs, especially any enhanced or extract formats.
  3. For leaf programs, align COA specs with mitragynine and 7-OH reporting and confirm your Thai exporter’s ONCB documentation is current.
  4. Watch for the temporary scheduling order on or after 13 November 2026 on the Federal Register and DEA Diversion Control pages.

Related: kratom legal status in Thailand, importer FAQ and contact our team.

This article is general market and regulatory reporting for business buyers. It is not legal advice. Confirm current federal, state and Thai rules with qualified counsel before importing or selling.

Frequently asked questions

Is 7-OH Schedule I in the United States today?

Not under the 14 October 2026 notice. That document is a notice of intent. DEA states a temporary order would publish on or after 13 November 2026. MGPI, MGM-15 and MGM-16 already sit in Schedule I under the 26 August 2026 temporary order until replaced or expired.

Does the notice ban natural kratom leaf?

No. The notice targets 7-OH and MGPI above concentration or ratio thresholds. Botanical leaf remains federally unscheduled as of 15 October 2026. DEA still lists kratom as a drug of concern and states below-threshold levels should not be treated as safe.

What thresholds should buyers watch on a COA?

As published: greater than 1 mg/g (solid) or 1 mg/mL (liquid) of 7-OH, MGPI or both combined, or a mitragynine to those compounds ratio below 100:1. Buyers should verify figures against the Federal Register text and their own lab methods.

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