HHS Opens Public Comment Period on 7-OH Threshold: Deadline July 31, 2026

Why it matters

The July 31 comment deadline is the last public opportunity to influence how the government defines the 7-OH concentration threshold that separates legal kratom from federally controlled substances — a line that will determine whether millions of traditional kratom users are affected.

The big picture

The DEA's July 1 Notices of Intent proposed temporarily placing 7-OH above 0.050% concentration (or 1 mg total per product) into Schedule I. The companion HHS Request for Information (docket HHS-OASH-2026-0232) specifically asks whether the 0.050% threshold is supported by data, or whether an alternative level better reflects imminent public safety risk. The docket had already received 3,830+ comments as of mid-July 2026. Comments submitted will be forwarded by the HHS Secretary to the Attorney General for consideration before the final temporary scheduling order is issued.

Key findings

• Comment deadline is July 31, 2026 at 11:59 PM EDT via regulations.gov docket HHS-OASH-2026-0232
• HHS is soliciting input on two specific questions: (1) whether the 0.050% / 1 mg 7-OH threshold is appropriate, and (2) whether alternative measurement methods should be used
• The proposed threshold covers any kratom botanical material exceeding 0.050% 7-OH by dry weight, plus any synthetically processed material exceeding that level or containing more than 1 mg total 7-OH
• HHS is explicitly NOT seeking comments on general kratom safety, utility, or permanent scheduling
• After comment period closes, OASH will forward submissions to the Attorney General; the temporary scheduling order can take effect no earlier than August 5, 2026

What they say

OASH states: "The Office of the Assistant Secretary for Health is opening a public docket to solicit input and comments on a proposed threshold for 7-hydroxymitragynine (7-OH) scheduling under the Controlled Substances Act. Public comments submitted to this docket will be provided by the Secretary for Health and Human Services for consideration by the Attorney General."

Bottom line

July 31 is the hard deadline for public input on the 7-OH concentration threshold — whoever submits data now shapes where the legal line gets drawn.