HHS Extends Public Comment Period on Proposed 7-OH Scheduling Threshold

Why it matters

The extension gives industry groups, researchers, clinicians and the public additional time to weigh in on where regulators should set the concentration threshold that would trigger Schedule I status for 7-hydroxymitragynine, a decision that will determine which products face an outright ban.

The big picture

This follows DEA's Notice of Intent to temporarily schedule 7-OH above a proposed threshold, part of a broader year-long federal push to distinguish concentrated, semisynthetic 7-OH products from natural kratom leaf. The comment period was originally set to close July 31, 2026.

Key findings

• The Office of the Assistant Secretary for Health (OASH) is extending the comment period on its Request for Information regarding a proposed 7-OH scheduling threshold
• The new deadline for comments is September 10, 2026
• OASH states it is not soliciting comments on permanent scheduling, the general safety of kratom, or policy questions beyond the specific threshold determination
• Comments submitted will be forwarded by the HHS Secretary to the Attorney General for consideration

What they say

The notice states OASH granted the extension because it "believes that this extension allows adequate time for any interested persons to fully consider and submit comments" on the proposed threshold.

Bottom line

**The window to formally weigh in on where the government sets its 7-OH concentration cutoff has been pushed to September 10, 2026.**