DEA Synthetic Kratom Scheduling: What Businesses Must Prepare For by August 5

Why it matters

On or after August 5, 2026, the Attorney General may issue a temporary Schedule I order covering high-concentration 7-OH and three synthetic derivatives — giving businesses a narrow window to assess compliance before criminal sanctions apply.

The big picture

The DEA filed two Federal Register notices on July 1, 2026, signaling intent to temporarily place 7-OH above a specified threshold plus mitragynine pseudoindoxyl, MGM-15, and MGM-16 in Schedule I. HHS Secretary RFK Jr. and FDA have confirmed those substances carry no accepted medical use and high abuse potential. Natural botanical kratom with only trace levels of 7-OH is expressly outside the proposed threshold.

Key findings

• DEA targets products with 7-OH above a certain threshold, not all kratom — natural leaf products with only trace 7-OH are excluded
• Three fully synthetic compounds — mitragynine pseudoindoxyl, MGM-15, and MGM-16 — are also subject to proposed Schedule I placement
• A 30-day public comment period ends July 31; after comments are reviewed, the AG may issue a two-year temporary scheduling order
• Schedule I status would impose criminal, civil, and administrative penalties under the Controlled Substances Act on manufacturers, distributors, and sellers
• Legal counsel advise companies to audit product formulations immediately against proposed threshold levels

What they say

DEA Administrator Terrance Cole stated: "Today's action targets highly concentrated, synthetic 7-OH products, which pose a growing threat to public safety and health. Temporarily scheduling these substances underscores the emphasis this Administration has put on the safety, health and well-being of the American people."

Bottom line

Any company selling or distributing products containing elevated 7-OH or the three named synthetic compounds faces potential Schedule I criminal liability starting as early as August 5, 2026.