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Kratom, derived from the leaves of a Southeast Asian tree, is sold across the United States in supplements and beverages, and federal regulators have spent years evaluating whether specific kratom-related compounds should be treated as controlled substances.

On August 26, 2026, the DEA issued a temporary scheduling order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I of the Controlled Substances Act, the same classification used for substances with no federally recognized medical use and a high potential for abuse. A separate, closely watched proposal to schedule 7-OH, the kratom compound at the center of most industry and consumer debate, has not been finalized and remains pending. The order was signed on August 24, 2026, took effect two days later and remains in effect until August 26, 2028, subject to a possible one-year extension.

This follows DEA publication on July 6, 2026, of two notices of intent to temporarily schedule:

    Docket No. DEA-1570 addressing 7-OH at or above a specified threshold
    Docket No. DEA-1644 addressing mitragynine pseudoindoxyl, MGM-15, and MGM-16 with no threshold amount.

Each notice stated that the corresponding temporary scheduling order would be published on or after August 5, 2026, would take effect on the date of publication, and would remain in effect for two years, extendable by one additional year if permanent-scheduling proceedings were initiated during that period.

The two dockets were announced together on July 1, 2026 and published together on July 6, 2026. They have since diverged, and that distinction now controls what is lawful and what is not. As of this post, only DEA-1644 has matured into a temporary scheduling order. DEA-1570 regarding 7-OH remains only a pending notice of intent.

Below, we outline the key features of each docket action and what operators in this space need to consider to stay compliant with federal law.
What the DEA-1644 Schedule I Order Covers

Docket No. DEA-1644 adds three substances to 21 C.F.R. § 1308.11(h)(89)–(91), under drug codes 9672, 9673, and 9674:

    Mitragynine pseudoindoxyl, which DEA describes as a chemical rearrangement product of 7-OH;
    MGM-15, also known as dihydro-7-hydroxymitragynine, which DEA describes as a derivative of 7-OH; and
    MGM-16, also known as 9-fluoro-dihydro-7-hydroxymitragynine (or 10-fluoro-dihydro-7-hydroxymitragynine, depending on numbering convention).

Each listing reaches the named substance “including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible.” No threshold amount applies. Any quantity is covered.

Effective August 26, 2026, the order imposed the full set of Schedule I controls on these substances regarding registration, disposal of stocks by those who will not register, security, labeling and packaging, inventory, records, reports, order forms, import and export controls, and quota. Persons who handle the substances without authorization are now subject to administrative, civil, and criminal sanctions.
What the Order Does Not Cover

The order contains no catch-all for derivatives or analogues. Whether an unnamed compound is scheduled depends on whether it is an isomer, ester, ether, or salt of a substance that is presently named and controlled. Being unnamed is necessary for non-control but not sufficient.

Mitragynine and Mitragyna speciosa leaf remain federally uncontrolled, as does 7-OH, as of the date of this post.

The CSA and the Controlled Substance Analogue Enforcement Act (Analogue Act) are mutually exclusive regimes. A substance outside the CSA may be eligible for treatment under the Analogue Act, not excluded from control altogether. Scheduling three substances thus alters both the analogue and listing landscapes. Each new Scheduled compound serves as a potential Schedule I comparator for structural-similarity analysis of substances not yet listed.
Why the DEA-1644 Order Is Not Subject to Judicial Review

Temporary scheduling orders issued under 21 U.S.C. § 811(h) are not subject to judicial review. That is a deliberate feature of the expedited process, which also dispenses with the formal rulemaking procedures that govern permanent scheduling under section 811(a). Parties who disagree with a temporary order have no direct route to challenge it during its two-year term. The order will stay in effect through August 26, 2028, with a possible one-year extension.
7-OH Scheduling Status: Docket DEA-1570 Remains Pending

Docket No. DEA-1570 addresses 7-OH at or above a specified threshold: greater than 0.050% in botanical material on a dry-weight basis, and, for articles produced synthetically or further processed, greater than 0.050% (by weight/weight, weight/volume, or volume/volume) or greater than 1.00 milligram per article.

This notice remains pending. On August 26, 2026, the HHS Office of the Assistant Secretary for Health published a document extending the comment period on its Request for Information concerning the proposed threshold. Comments are now due September 10, 2026.

A temporary scheduling order takes effect on the date it is published in the Federal Register, with no grace period, phase-in, or advance notice beyond the notice of intent already published. Any operator who depends on the current status of 7-OH should routinely verify the substance’s status against the Federal Register to ensure compliance with applicable federal law.
Compliance Steps for Kratom and 7-OH Operators

Manufacturers, distributors, and ingredient suppliers in this space should consider doing the following:
1. Verify scheduling status on the day you act, not the day you last checked.

Docket No. DEA-1570 can become law on any day DEA chooses, effective on publication, with no grace period. Check the Federal Register against the docket number before you ship, contract, or rely on anything written earlier, including this post.
2. Establish what you are actually handling before you ask whether it is legal.

The scheduling analysis runs against a specific chemical structure, not a product name or a vendor description. Obtain a certificate of analysis from a qualified laboratory for every lot. Where identity or composition is in question, obtain an opinion from a qualified analytical chemist. A legal conclusion about one structure does not transfer to material that turns out to have a different one.
3. Read your own marketing the way an enforcement authority would.

Under the Analogue Act, chemistry is only part of the exposure. Representations about a substance’s effects, and what a seller knows about downstream use, are proved through the seller’s own conduct with product descriptions, specification sheets, certificates of analysis, and customer correspondence. Get legal advice if you don’t understand the reach of the Analogue Act.

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