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7-hydroxymitragynine: DEA proposes temporary Schedule I above a concentration threshold

by ch3ch3 · 31d ago · 0 comments

On July 6, 2026, the Drug Enforcement Administration published a notice of intent to temporarily place 7-hydroxymitragynine into Schedule I of the Controlled Substances Act, but only above a specified concentration threshold — and the Department of Health and Human Services opened a public docket the same day asking where that threshold should be set.

Nothing about 7-hydroxymitragynine's legal status has changed yet. This is a notice of intent: it announces that DEA plans to issue a temporary scheduling order, not the order itself [1]. The order it describes will not appear in the Federal Register before August 5, 2026, at the earliest [1]. Until it does, handling 7-hydroxymitragynine — in any form, at any concentration — is not a federal offense by reason of this notice.

The proposal is written around a threshold rather than a blanket ban. It would cover any botanical material of Mitragyna speciosa containing more than 0.050% 7-hydroxymitragynine on a dry weight basis, and any synthetic or processed article containing more than 0.050% by weight or volume — or more than 1.00 mg of the compound [1].

DEA adapted the 0.050% figure from a definition HHS supplied in a letter dated July 28, 2025 [1]. Separately, HHS told DEA on March 6, 2026, that no investigational or approved new drug application covers these substances, and that HHS has no objection to temporary placement [1].

Where that threshold should be set is what the docket opened on July 6 is for. HHS's Office of the Assistant Secretary for Health is asking whether data exist to support 0.050% specifically, whether a different threshold would be more defensible, and what concentration or quantity should count as an imminent hazard [2]. Comments were due by July 31, 2026 [2].

For now: 7-hydroxymitragynine's legal status has not moved [1]. What could move, and when, depends on an order that has not been published.

References

  1. Schedules of Controlled Substance: Temporary Placement of 7-Hydroxymitragynine Above a Specified Threshold in Schedule IFederal Register
  2. Temporary Placement of 7-Hydroxymitragynine Above a Specified Threshold in Schedule I; Request for InformationFederal Register
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