National Association of Counties: DEA Kratom Action Gives Local Law Enforcement New Tools

Why it matters

County governments — which bear the front-line costs of overdose response, behavioral health services, and jails — gain new federal enforcement authority when synthetic 7-OH is scheduled, closing a gap that previously left county law enforcement unable to pursue federal charges against distributors.

The big picture

The National Association of Counties formally supports federal, state, and local efforts to regulate or prohibit concentrated kratom products. NACo's analysis notes that counties encounter kratom impacts across emergency services, poison control, behavioral health systems, and law enforcement simultaneously. Previous federal enforcement actions in 2025 included FDA warning letters and a $1 million seizure of unlawful 7-OH products by the U.S. Marshals Service.

Key findings

• The DEA's Notices of Intent target only products with elevated or synthetic 7-OH — natural botanical kratom with trace-level 7-OH is expressly excluded
• Schedule I placement enables county law enforcement to investigate manufacturers, distributors, and illegal traffickers under federal authority
• Counties can coordinate with public health agencies to educate residents and monitor emerging drug trends using the new scheduling status
• Poison control exposure calls involving kratom reached 1,690 from January to July 2025, a significant increase year-over-year
• NACo continues to advocate for strengthened federal oversight of kratom and encourages public health education campaigns at the county level

What they say

NACo stated: "Counties support federal, state and local efforts to regulate or prohibit kratom products, particularly those containing concentrated or synthetic 7-OH, and encourages collaboration with public health agencies to educate communities on the risks associated with kratom use."

Bottom line

The DEA's synthetic kratom scheduling action directly expands the toolkit available to county sheriffs, public health officials, and behavioral health providers dealing with 7-OH's downstream harms.