As of November 2, 2026, 7-OH is not yet federally scheduled. DEA says it will publish a temporary order on or after November 13, and that order would cover only products above a set concentration. State laws vary widely, and many are stricter.
Where things stand on November 2, 2026
| Item | Status |
| 7-OH above the threshold | DEA issued a notice of intent on Oct. 14. A temporary Schedule I order is planned for publication on or after Nov. 13, and takes effect when published. |
| Mitragynine pseudoindoxyl (MGPI), MGM-15, MGM-16 | In Schedule I since Aug. 26, 2026, through Aug. 26, 2028. DEA plans to replace the MGPI order with a threshold-based one. |
| Botanical kratom leaf | Not covered if 7-OH and MGPI stay below the threshold. DEA still calls kratom a drug of concern. |
| State laws | Still apply. DEA says its action does not override stricter state rules. |
In plain terms, the federal change targets concentrated products, not the leaf, and it has not taken effect yet.
What the amended DEA plan says
The Drug Enforcement Administration would place 7-OH and a related compound, mitragynine pseudoindoxyl (MGPI), in Schedule I when either one, or both together, exceeds 1 milligram per gram in solid products or 1 milligram per milliliter in liquids. Control would also apply when the ratio of mitragynine to those compounds falls below 100 to 1, according to the Federal Register notice.
The threshold came from the Department of Health and Human Services, which sent updated science on October 8. DOJ says the aim is to separate trace amounts from products that were intentionally enhanced or concentrated (DOJ, Oct. 9). It replaces an earlier plan built on a lower 0.05% threshold, which Stateline described on October 5.
Two cautions from DEA itself: neither DEA nor HHS has found that these substances are safe below the threshold, and a temporary order lasts two years with a possible one-year extension while permanent scheduling is pursued.
Who supports and who objects
- The American Kratom Association, which represents leaf vendors, supports the new standard. Its lobbyist Mac Haddow told Pain News Network the group agreed to dismiss its July lawsuit if DEA publishes under the schedule it submitted to the court.
- The 7-HOPE Alliance, an advocacy group, objects to how the thresholds are set and says consumers who rely on these products would lose access.
- Three U.S. senators called this month for all kratom products, including leaf, to be scheduled or banned, per the same report.
Why “ban begins Nov. 13” needs care
Headlines have simplified a process that is still moving. Compare what reports say with the primary document:
| Topic | What some reports say | What the Federal Register says |
| Start date | Likely to begin Nov. 13 | The order cannot issue before then, and takes effect on the day it is published. Nov. 13 is the earliest date, not a guarantee. |
| Measure | 1 mg per serving | 1 mg per gram (solids) or per milliliter (liquids), plus the 100 to 1 ratio test |
| MGPI | Its ban is being lifted | The August MGPI order stays in force until the new order replaces it |
| Earlier threshold | 0.05% (Stateline, Oct. 5) | Superseded by the Oct. 8 HHS recommendation |
The Pain News Network and Stateline articles were accurate when written. Policy moved between Oct. 5 and Oct. 14, so check the Federal Register before relying on any date or number.
The state patchwork
At least 31 states regulate kratom, according to the National Conference of State Legislatures, and lawmakers in 36 states introduced kratom, 7-OH or synthetic compound bills across the 2025 and 2026 sessions, per the Rockefeller Institute of Government. Rockefeller counts three states that ban or schedule anything beyond pure leaf kratom, 14 that ban or schedule kratom, 13 with potency limits and 24 with sales restrictions. The categories overlap. All figures come from Stateline, read here through a CT Mirror republication.
Examples of how approaches differ, as of Stateline’s Oct. 5 report:
| State | Approach |
| Tennessee | A law effective in July prohibits possession, sale and distribution of kratom statewide. |
| Massachusetts | An August executive order temporarily places all forms of kratom in state Schedule I for one year. |
| Oklahoma | Caps 7-OH at 1% of total kratom alkaloids, bars synthetic compounds and requires label disclosure. A legislator plans a tougher bill for 2027. |
| Rhode Island | Replaced a statewide ban with a regulated market for adults 21 and older, while still prohibiting synthetic alkaloids. |
| Mississippi | A 2025 law sets a minimum age of 21, bans certain synthesized products and requires registration. A lawmaker wants a statewide ban considered in 2027. |
| Pennsylvania | A House committee unanimously advanced a bill allowing leaf sales to adults 21 and older and banning products above 0.5% 7-OH. It heads to the full House. |
Laws change quickly, so confirm current rules with your state or a local attorney.
The health picture, and what is still unknown
A CDC analysis of poison center data counted 14,449 kratom exposure reports from 2015 through 2025, including 3,434 in 2025, about 1,200% more than in 2015. It also tied 233 deaths to kratom exposure reports, with more than one substance involved in 79% and opioids detected in 62%. The authors could not tell leaf products from concentrated ones like 7-OH, or which substance drove an outcome. Poison centers logged 3,190 reports through June 2026, a pace nearly 68% above 2025, per Stateline.
DEA’s notice adds that 7-OH acts on opioid receptors, and that no controlled clinical trials have set safe limits for concentrated products.
Experts quoted by Stateline disagree on the response:
- Dr. Alta DeRoo of the Hazelden Betty Ford Foundation says 7-OH targets the mu-opioid receptor, the one morphine and fentanyl act on, and that dependence and withdrawal can be harder than with leaf kratom.
- Dr. Sarah Kawasaki of Penn State notes these products are unregulated, so labels may not match contents.
- Jeff Smith of the Holistic Alternative Recovery Trust, which represents some 7-OH makers, describes 7-OH helping him with sleep and chronic pain.
- Kellen Russoniello of the Drug Policy Alliance shares the safety concerns but opposes criminalization, favoring testing, accurate labels and ingredient limits.
In September, police in Mississippi found a potent synthetic kratom-derived product while investigating the separate deaths of two University of Mississippi students. Authorities had not established that it contributed, and toxicology results were pending.
What to watch next, and where to get help
- The Federal Register on or after Nov. 13. The order’s publication date, and whether the thresholds hold, will settle the federal status.
- The AKA lawsuit. Its dismissal is conditioned on DEA publishing under the schedule given to the court, per Pain News Network.
- State sessions in 2027. Oklahoma and Mississippi lawmakers have signaled tougher bills, and Pennsylvania’s bill awaits a full House vote.
- Permanent scheduling. DEA says it intends formal rulemaking, which allows a hearing and judicial review that temporary orders do not.
Retailers and manufacturers should ask an attorney how the federal thresholds, state law and product testing apply to them. Consumers should check their state’s rules and read labels, knowing that Stateline’s experts say contents can differ from what a label states.
If you or someone you know is struggling with dependence or withdrawal, talk to a clinician. The free, confidential SAMHSA National Helpline is 1-800-662-4357, and Poison Control is 1-800-222-1222. In an emergency, call 911.
For clinics that see these patients
Urgent care and primary care teams are often the first to see patients who report problems with concentrated kratom products. However the visit goes, the diagnosis, procedures and any related services have to be documented and coded accurately for the claim to hold up.
panaHEALTH, a billing and revenue cycle company for medical practices, has general resources for that work:
- Medical billing codes explained: CPT, ICD-10, HCPCS and modifiers, a guide to how diagnosis, procedure and supply codes fit together on a claim
- Urgent care medical billing services
- Medical coding services
These pages cover billing in general, not kratom or 7-OH. Check payer rules and confidentiality requirements for substance use encounters with your compliance adviser. To ask panaHEALTH about support for your practice, contact the team.
FAQ
Not yet. As of November 2, 2026, DEA has issued a notice of intent but no order. It plans to publish an order on or after November 13, and several states already restrict or ban it.
Not if 7-OH and MGPI stay below the threshold. DEA still calls kratom a drug of concern, and some states ban leaf kratom outright.
DEA and HHS say they have not found that. The threshold marks where federal control would start, not a safety line.
Yes. DEA says its action does not override stricter state laws.
