Justice Department Updates Emergency Scheduling for 7-OH and Related Opioids

The U.S. Department of Justice announced on Oct. 9, 2026 that it is updating emergency scheduling actions for the synthetic opioid 7‑hydroxymitragynine (7‑OH) and three related substances—mitragynine pseudoindoxyl (MGPI), MGM‑15, and MGM‑16. The changes come after new scientific data from the Department of Health and Human Services (HHS) and are being implemented by the Drug Enforcement Administration (DEA).

What the new notices say

The DEA will issue two Notices of Intent. One reissues the existing notice for MGM‑15 and MGM‑16 without changing their current schedule. The second introduces a new notice for 7‑OH and MGPI that incorporates HHS’s recommended concentration thresholds.

Thresholds for Schedule I classification

HHS recommends that 7‑OH or MGPI be placed in Schedule I— the most restrictive drug category—when either substance alone, or their combined amount, exceeds 1 mg per gram in solid products or 1 mg per milliliter in liquids. A second trigger is a ratio of mitragynine to 7‑OH, MGPI, or their total that is less than 100 to 1. These limits are meant to separate products that are intentionally concentrated from those that contain only trace amounts naturally found in kratom.

Impact on consumers and retailers

Products that exceed the thresholds could be treated as illegal Schedule I drugs, meaning they cannot be sold, possessed, or distributed without a federal exemption. Retailers, including convenience stores, must ensure any kratom‑derived items stay below the limits. Consumers who purchase kratom products should check labels for concentration information and may want to contact manufacturers for clarification.

What to do next

The DEA’s temporary scheduling of MGPI, MGM‑15, and MGM‑16, placed on Aug. 26, 2026, stays in effect during a 30‑day notice period. For 7‑OH, a new notice will be issued promptly. Anyone who sells or manufactures these substances should review the upcoming notice and adjust formulations if needed before the DEA issues a final temporary order.

Because the rules involve federal drug scheduling, consulting a lawyer experienced in drug‑law compliance can help businesses avoid penalties and guide consumers who may be uncertain about product legality.

This article is general information based on U.S. Department of Justice and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published October 9, 2026.