If you have seen headlines saying the DEA scheduled 7-OH, the situation is more specific than that. Two separate federal actions cover kratom and its derivatives, and as of September 2, 2026 only one of them has taken effect. This is general information rather than legal advice, and kratom law is moving quickly, so check the primary sources below before relying on any of it.

Which kratom substances the DEA scheduled on August 26, 2026

The DEA issued a temporary scheduling order placing three substances in Schedule I: mitragynine pseudoindoxyl, MGM-15, and MGM-16, together with their isomers, esters, ethers, and salts.1 The order describes these as "7-hydroxymitragynine-related substances."

According to the order, it is effective August 26, 2026 until August 26, 2028, and the DEA based the action on a finding that scheduling them was "necessary to avoid an imminent hazard to public safety."1 The notice adds that if the order is extended or made permanent, the DEA will publish a further document.

Is 7-hydroxymitragynine a Schedule I controlled substance yet?

A second, separate action would place 7-hydroxymitragynine above a specified threshold in Schedule I. On July 6, 2026 the DEA published this as a notice of intent, filed under the action type "Proposed amendment; notice of intent."2 Its own summary uses the future tense: "When it is issued, the temporary scheduling order will impose" those controls.

That notice stated the temporary scheduling order "will be published in the Federal Register on or after August 5, 2026."2 A search of the Federal Register on September 2, 2026 returned no such order. We could not find one published, but a document can appear at any time, so treat this as a snapshot rather than a settled position.

What the proposed 7-OH threshold covers in kratom extracts and concentrates

The July 6 notice sets out the threshold it intends to use. Quoting its structure, the proposal would reach:2

  • Botanical material of Mitragyna speciosa containing more than 0.050 percent 7-hydroxymitragynine on a dry weight basis; or
  • An alternative article resulting from synthetic methods containing 7-OH greater than 0.050 percent by weight/weight, weight/volume, or volume/volume, or greater than 1.00 milligram of 7-OH in the article; or
  • Material derived from Mitragyna speciosa and further processed into alternative dosage forms such as extracts, concentrates, processed edibles, or pressed pills that exceed those same figures.

The third clause is the one worth reading closely, because it reaches processed forms by name rather than by origin. Whether any particular article falls above or below those figures is a question of laboratory assay, not of labelling.

How to comment on the DEA 7-OH scheduling proposal before September 10

Alongside the DEA notice, the HHS Office of the Assistant Secretary for Health opened a public docket seeking input on the proposed threshold.3 On August 26, 2026 that comment period was extended to September 10, 2026, in response to a request for more time.4 The notice says comments will be provided by the Secretary for consideration by the Attorney General.

Why state kratom bans still apply under the federal 7-OH proposal

The DEA notice states directly that its intent to control 7-OH above the specified threshold "does not preempt more restrictive state law."2 It also observes that Mississippi has set its own limit, described as one percent of total alkaloid content or 0.5 mg per container.2

Some states have moved well beyond the federal proposal. North Dakota's governor and attorney general announced executive actions on August 3, 2026 prohibiting all kratom and kratom products, effective 5 p.m. on August 5, 2026, alongside a Board of Pharmacy emergency rule scheduling 7-OH for 180 days.5 A special legislative session was called for September 2 to consider permanent restrictions.5

That is the practical takeaway for anyone tracking kratom legality. The federal proposal draws its line by concentration, while several states are drawing theirs by plant. Where you live may matter more than what the DEA does next.

Where kratom and 7-OH scheduling stand as of September 2, 2026

As of September 2, 2026, the public record shows three named synthetic derivatives in Schedule I, a proposed 7-OH threshold rule that had not been issued, and an open federal comment period closing September 10. Any of that can change quickly. For where we can and cannot ship today, see our state and city legality guide.

Sources

  1. Drug Enforcement Administration, "Schedules of Controlled Substances: Temporary Placement of Mitragynine Pseudoindoxyl, MGM-15, and MGM-16 in Schedule I," temporary scheduling order, 91 FR, published and effective August 26, 2026. federalregister.gov
  2. Drug Enforcement Administration, "Schedules of Controlled Substance: Temporary Placement of 7-Hydroxymitragynine Above a Specified Threshold in Schedule I," notice of intent, published July 6, 2026. federalregister.gov
  3. HHS Office of the Assistant Secretary for Health, "Temporary Placement of 7-Hydroxymitragynine Above a Specified Threshold in Schedule I; Request for Information," published July 6, 2026. federalregister.gov
  4. HHS Office of the Assistant Secretary for Health, "Hydroxymitragynine Above a Specified Threshold in Schedule I; Extension of Comment Period," published August 26, 2026; comments close September 10, 2026. federalregister.gov
  5. North Dakota Office of the Governor, "Armstrong, Wrigley announce executive actions to ban unregulated drug kratom amid growing concerns," August 3, 2026. governor.nd.gov

Federal Register records were verified directly against the Federal Register API on September 2, 2026. This post is general information, not legal advice.