Policy · 2026-08-28
DEA's Schedule I Order for Mitragynine Pseudoindoxyl, MGM-15, and MGM-16: What Retailers and Researchers Must Do Now
Source: Spencer Fane Legal
Why it matters
A detailed legal analysis walks through exactly what the DEA's August 26 temporary scheduling order requires of retailers, manufacturers, and researchers — including immediate compliance deadlines and the path toward permanent scheduling.
The big picture
On August 25, 2026, the DEA's temporary scheduling order for three synthetic kratom-derived compounds took effect, imposing Schedule I controls including criminal, civil, and administrative penalties. The action follows the DEA's July 1 notice of intent and covers only synthetic compounds — not naturally occurring mitragynine or trace 7-OH present in botanical kratom leaf. The order will remain in place for at least two years and may extend up to three years while formal scheduling proceedings continue.
Key findings
- Effective August 25, retail sales of products containing mitragynine pseudoindoxyl, MGM-15, or MGM-16 to the general public are prohibited under the CSA
- Researchers working with these substances now require Schedule I DEA registration
- All currently held quantities must be surrendered by those without Schedule I registrations
- Mitragynine pseudoindoxyl is approximately 100 times more potent than mitragynine; MGM-15 and MGM-16 are 50 to 240 times more potent than morphine
- The order does not affect botanical kratom products containing naturally occurring mitragynine and trace 7-OH
- The temporary order may last up to 3 years total while permanent scheduling moves through the regulatory process
What they say
"DEA's actions do not affect botanical kratom products containing naturally occurring mitragynine and 7-OH. Instead, they target synthetic 7-OH-related substances with opioid-like psychoactive effects and greater risks," wrote Brian Malkin, co-lead of the Spencer Fane FDA Pharmaceutical and Biologics Market Team.
Bottom line
Starting August 25, selling or possessing mitragynine pseudoindoxyl, MGM-15, or MGM-16 without a Schedule I DEA registration is a federal crime — but natural leaf kratom and its naturally occurring alkaloids are explicitly not covered by this order.