HHS Opens 30-Day Public Comment Period on 7-OH Scheduling Threshold

Why it matters

The 30-day window (closing July 31, 2026) is the only formal opportunity for researchers, industry, and consumers to influence the 7-OH threshold — though the scope is deliberately limited to the numeric threshold, not the broader scheduling decision.

The big picture

Published July 6, 2026, this HHS/OASH Request for Information (RFI) runs concurrent with the DEA's Notices of Intent and represents the official public participation mechanism in the emergency scheduling process. Crucially, HHS made clear it is not soliciting comment on the safety or utility of kratom products generally, nor on any permanent scheduling decision — only on whether the 0.050% threshold is scientifically appropriate.

Key findings

• Comment period opens July 6, 2026 and closes July 31, 2026 — Docket No. HHS-OASH-2026-0232
• The proposed 7-OH threshold: >0.050% dry weight in botanical kratom OR >0.050% by weight or >1.00 mg in synthetically processed products
• HHS is asking specifically whether data support this threshold level or an alternative numeric standard
• HHS is explicitly NOT accepting comments on general kratom safety, permanent scheduling, or broader policy questions
• Public comments will be forwarded by the HHS Secretary to the Attorney General for consideration
• The emergency scheduling authority under 21 U.S.C. 811(h) allows a two-year temporary ban, extendable to three years by the Attorney General

What they say

OASH is not soliciting comment on any permanent scheduling decision, the general safety or utility of kratom-derived products, or other policy questions outside the scope of the threshold determination for temporary scheduling. — HHS Office of the Assistant Secretary for Health, Federal Register Notice

Bottom line

**The July 31 comment deadline is the only formal avenue for scientific and industry input on the 7-OH threshold — anyone with data on what concentration level constitutes a genuine public safety hazard should submit comments to Docket HHS-OASH-2026-0232 before July 31.**