HHS Opens Public Comment on 7-OH Scheduling Threshold; Nearly 15,000 Comments Filed

Why it matters

The proposed threshold — 0.05% of dry weight or 1 mg of 7-OH per product — will determine which kratom products remain legally available and which become Schedule I controlled substances. Manufacturers, retailers, consumers, and clinicians all have a stake in where that line is drawn, and public comments submitted now go directly to the HHS Secretary for forwarding to the DEA.

The big picture

The DEA's July 2026 temporary scheduling of 7-hydroxymitragynine above a specified threshold set off a formal comment process under the Controlled Substances Act. The Office of the Assistant Secretary for Health (OASH) is soliciting scientific, clinical, and public input on where that threshold should be set — a rare opening for data-driven input before a final rule is issued. With the comment period closing July 31, 2026, the docket has attracted nearly 15,000 submissions, reflecting the scale of public engagement on kratom policy.

Key findings

• HHS-OASH-2026-0232 is the formal docket for public input on the proposed 7-OH scheduling threshold under the Controlled Substances Act
• The comment period closes July 31, 2026 — 11 days remaining as of July 20
• Nearly 15,000 public comments have been submitted as of mid-July 2026
• Comments submitted to this docket will be provided to the Attorney General for consideration in finalizing the scheduling rule
• The threshold being considered — 0.05% dry weight or 1 mg of 7-OH — would apply to all products, not just synthetically derived ones
• Botanical kratom leaf products with naturally low 7-OH levels would generally fall below the threshold under the proposed rule

What they say

"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 scheduling under the Controlled Substances Act," the HHS notice states. "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

**The window to submit public comments on how the 7-OH threshold should be set closes July 31 — and nearly 15,000 people have already weighed in on one of the most consequential kratom regulatory decisions in years.**