DEA 7-OH Schedule I proposal: August 5 was earliest possible order date

Why it matters

The July DEA notice proposed temporary Schedule I control of concentrated 7-hydroxymitragynine; August 5 was the earliest possible date for a later scheduling order, not an effective ban. Its proposed 0.05% threshold distinguished covered products from botanical kratom, but did not itself make those products federal Schedule I contraband.

The big picture

The DEA announced its notices of intent on July 1 and published them in the Federal Register on July 6. A subsequent temporary order could take effect no earlier than August 5 and could last two years, with a possible one-year extension during permanent scheduling proceedings. Three related compounds were addressed in a separate notice. Notably, the American Kratom Association and Global Kratom Coalition actively supported the action, arguing concentrated 7-OH products undermine consumer trust in natural kratom. Correction, October 10, 2026: Our original summary incorrectly treated August 5 as an effective scheduling date. It was the earliest possible date for a later order. DOJ stated on October 9 that no 7-OH temporary scheduling order had been issued. The separate August 26 temporary order covers mitragynine pseudoindoxyl, MGM-15 and MGM-16, not 7-OH. Primary evidence: https://www.justice.gov/opa/pr/department-justice-announces-updates-emergency-scheduling-actions-7-oh-and-related-opioid ; original DEA notice: https://www.govinfo.gov/content/pkg/FR-2026-07-06/pdf/2026-13580.pdf ; August 26 order: https://www.govinfo.gov/content/pkg/FR-2026-08-26/pdf/2026-17429.pdf . The threshold discussion below describes the July proposal, not current federal 7-OH Schedule I controls; HHS recommended revised thresholds on October 8, announced October 9.

Key findings

• The July DEA notice proposed federal Schedule I control of 7-OH, with a later order possible on or after August 5, 2026; the date alone did not activate criminal penalties.
• The July proposal specified 7-OH above 0.05% by dry weight in botanical material, above 0.05% by weight or volume in synthetic or processed material, or more than 1.00 mg of 7-OH per article
• Natural kratom leaf typically contains trace 7-OH well below 0.05% and is not targeted
• Three related compounds were proposed for separate scheduling: mitragynine pseudoindoxyl, MGM-15, and MGM-16; their temporary order subsequently took effect August 26, 2026.
• An issued temporary scheduling order can last two years, with a possible one-year extension during permanent scheduling proceedings; this duration did not establish an August 5 start date for 7-OH.
• Texas poison control data showed 192 kratom or 7-OH exposures in 2025, up from 107 in all of 2024
• Both the AKA and the Global Kratom Coalition supported the scheduling

What they say

The DEA describes its target as "highly concentrated, synthetic 7-OH products, which pose a growing threat to public safety and health" — not botanical kratom, according to the agency's own scheduling notices.

Bottom line

August 5 was an earliest possible order date, not an automatic federal 7-OH ban; DOJ confirmed on October 9 that no 7-OH temporary scheduling order had yet been issued.