Eight Months After FDA Scheduling Request, 7-OH Remains Legally Sold Over the Counter in Most States

Why it matters

Despite a formal FDA request to ban 7-OH as a Schedule I controlled substance — made in July 2025 — the DEA has not yet acted, leaving a product described as "13 times more potent than morphine" freely available at gas stations and vape shops across the country.

The big picture

The FDA and HHS formally requested DEA scheduling of 7-OH in July 2025, citing opioid addiction risk and potency. The DEA has acknowledged the request but has not announced an action timeline. In the regulatory vacuum, at least 13 states and D.C. have passed their own bans — creating a patchwork of law where the same product is illegal in one state and sold openly next door.

Key findings

• The FDA calls 7-OH "13 times more potent than morphine" and classifies it scientifically as an opioid
• HHS Deputy Secretary Jim O'Neill called widespread 7-OH availability "a recipe for public health disaster"
• Eight months after the formal scheduling request, the DEA has not yet announced when or whether it will act
• 13 states plus D.C. have enacted their own 7-OH bans without waiting for federal action
• A recovering addict interviewed described 7-OH withdrawal as "harder to get off of than shooting IV heroin"
• Critics of a ban, including Cato Institute surgeon Dr. Jeff Singer, warn prohibition will push users underground

What they say

"Scientifically, by definition, it is an opioid. I urge regulators not to allow another wave of the opioid epidemic to catch us blindsided again." — FDA Commissioner Dr. Marty Makary

Bottom line

Seven months after the FDA formally asked the DEA to ban 7-OH, the substance remains freely and legally available in most U.S. states — a regulatory gap that public health officials warn is costing lives.