Cannabis
The DEA has moved on three kratom derivatives, not on kratom
On 6 July 2026 the DEA published a notice of intent (Docket DEA-1644) to issue a temporary order placing three 7-hydroxymitragynine-related substances — mitragynine pseudoindoxyl, MGM-15 and MGM-16 — in Schedule I under 21 U.S.C. 811(h). The order has not issued, and kratom leaf and mitragynine itself are not named.
The notice covers three named substances and their isomers, esters, ethers and salts: mitragynine pseudoindoxyl, MGM-15 and MGM-16. All three are described as 7-hydroxymitragynine-related. Kratom leaf, powdered leaf and mitragynine are not among them, and nothing in the notice places them in any schedule.
The mechanism matters as much as the list. Section 811(h) of the Controlled Substances Act lets the Administrator schedule a substance temporarily to avoid an imminent hazard to public safety, and it requires a notice of intent before the order issues. This document is that notice. The DEA states expressly that it is adhering to the statutory language of 811(h) rather than the term “final order” it has used for temporary scheduling in the past.
When the order does issue, the notice says it will impose the full regulatory controls and the administrative, civil and criminal sanctions that apply to Schedule I substances on any person who manufactures, distributes, reverse distributes, imports, exports, researches, conducts instructional activities or chemical analysis with, or possesses them.
What changed
The DEA has given formal notice that it intends to place three named 7-hydroxymitragynine derivatives in Schedule I on a temporary basis.
What did not change
Nothing is scheduled yet. This is a notice of intent under 21 U.S.C. 811(h), not the temporary order itself, and it does not reach kratom leaf or mitragynine.
Who this reaches
Anyone manufacturing, distributing, importing or holding inventory of 7-OH-derived material should identify now whether any product, isolate or input falls within the three named substances or their isomers, esters, ethers or salts — because the controls attach when the order issues, not after a transition period.
Common questions
Does this make kratom illegal?
No. The notice names three 7-hydroxymitragynine-related substances — mitragynine pseudoindoxyl, MGM-15 and MGM-16. Kratom leaf and mitragynine itself are not named in it, and their status is unchanged by this document. State law is separate and several states regulate kratom independently of federal scheduling.
When does the scheduling take effect?
The notice of intent does not schedule anything. Under 21 U.S.C. 811(h) the DEA must publish a notice of intent before issuing a temporary scheduling order, and the controls attach when that order issues. The date of the order is not fixed by this document.
What should a distributor do with existing inventory?
The first step is identification, not disposal: establish whether anything held or on order is one of the three named substances, or an isomer, ester, ether or salt of one. That is a question about the product, its supplier documentation and its analysis, and it is worth answering before an order issues rather than after.
Does this reach your business?
Every matter turns on its facts. Mr. Sheehan reviews each inquiry himself.