Understanding the DEA's Temporary Scheduling of Kratom Derivatives: What You Need to Know
Updated: Sep 7
DEA temporarily put mitragynine pseudoindoxyl, MGM-15, and MGM-16 in Schedule I as of Aug 26 through Aug 26, 2028 (FR 2026-17429, 91 FR 54948).
That is the law. The rest of this post is what did not happen, and what operators should do next.
Discord claimed kratom is banned. However, the Federal Register provided a more nuanced view. On Wednesday, August 26, 2026, two related items appeared in the same issue. Only one of them is a controlled-substance order. If operators combine both into a single kratom-is-Schedule-I headline, they will misidentify products and leave others on the shelf.
What Published on August 26: MP, MGM-15, and MGM-16
The Drug Enforcement Administration published a temporary scheduling order — not a notice of intent — placing three substances into Schedule I of the Controlled Substances Act for two years, effective August 26, 2026, through August 26, 2028 (with a possible one-year extension if permanent scheduling is pending). Official text: FR Doc 2026-17429, 91 FR 54948–54956. Docket DEA-1644. Signed August 24, 2026, by DEA Administrator Terrance C. Cole; published August 26.
Covered substances include isomers, esters, ethers, and salts:
mitragynine pseudoindoxyl (DEA code 9672)
MGM-15 / dihydro-7-hydroxymitragynine (9673)
MGM-16 / 9-fluoro-dihydro-7-hydroxymitragynine (9674)
Each listing states that because nomenclature is not internationally standardized, compounds of this structure — regardless of numerical designation of atomic positions — are covered. The order describes these as synthetic or semi-synthetic derivatives produced through synthetic modifications of purified mitragynine isolates or 7-hydroxymitragynine. It distinguishes them from naturally occurring mitragynine and 7-OH in the plant.
Under the Controlled Substances Act (CSA), retail sales of Schedule I controlled substances to the general public are not allowed. Possession not authorized by the CSA on or after August 26 is unlawful. The July 6, 2026, Notice of Intent (NOI) for this docket is not the same document as the separate July 6 7-OH NOI — do not conflate them.
What Did Not Publish: A 7-OH Schedule I Order
7-OH is not federally scheduled. The DEA's temporary scheduling order for 7-hydroxymitragynine has not been published in the Federal Register.
What did publish in the same August 26 issue is an HHS / OASH action: an extension of the comment period on the 7-OH threshold request for information through September 10, 2026. Official text: FR Doc 2026-17409, 91 FR 55104. Docket HHS-OASH-2026-0232. This reopens comments on the threshold only. OASH is not soliciting comments on permanent scheduling, the general safety of kratom, or other policy. This is not a DEA delay order.
The July 6, 2026, 7-OH notice of intent remains a proposal, not an order. It proposed a threshold of 0.050% dry weight (botanical) or 0.050% / 1.00 mg per article (synthetic/processed): GovInfo PDF FR 2026-13580. Until a temporary scheduling order for 7-OH publishes, “7-OH is banned federally” is merely a rumor, not a CSA fact.
Operator Checklist
Pull MP / MGM-15 / MGM-16 SKUs and any product labeled as those alkaloids (or obvious research-chemical naming of the same structures). Treat August 26 as the federal effective date for those three.
Do not assume leaf kratom or below-threshold 7-OH is federally Schedule I. The August 26 order is the MP/MGM order; the 7-OH temporary order has not published.
Map labels vs COA vs destination-state kratom and 7-OH rules. Federal Schedule I on three synthetics does not erase state bans, age gates, or concentrate limits already on the books.
Have counsel read the isomer / structure language before restocking research-chemical lookalikes, renamed positional isomers, or anything sold as a botanical substitute for MP/MGM-15/MGM-16.
Do not treat “botanical” on a label as a carve-out. The order flags deceptive botanical branding on semi-synthetic products. Label language does not override structure.
Law vs. Rumor: SKU by SKU
Map the SKU on Thynk Compliance Platform — thynkflow.io — before you rewrite catalog copy off a group chat.
Conclusion: Navigating the New Regulations
As we navigate these changes, it's crucial to stay informed and compliant. The landscape of alternative wellness is evolving rapidly, and understanding the nuances of regulations can be the difference between success and setbacks.
The recent changes in scheduling highlight the importance of vigilance. Operators must ensure they are not only compliant with federal regulations but also aware of state-specific laws. This dual awareness will help in making informed decisions about product offerings.
In conclusion, the temporary scheduling of mitragynine pseudoindoxyl, MGM-15, and MGM-16 demands immediate action. By following the checklist and staying updated, we can better position ourselves in this complex market. Remember, knowledge is power, and staying informed is the key to thriving in the alternative wellness industry.
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