Great News From Washington D.C. - October 9, 2026

The U.S. Department of Justice announced today that the DEA will issue a new Notice of Intent on 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl that adopts concentration thresholds recommended by Department of Health and Human Services (HHS). 

"HHS recommended that 7-OH and MGPI be subject to Schedule I control when either substance alone, or their combined amount when both are present, exceeds 1 milligram per gram in solid products or 1 milligram per milliliter in liquid products, or when the ratio of mitragynine to 7-OH, MGPI, or their combined amount is less than 100 to 1.

"HHS recommended this approach to better distinguish products intentionally enhanced or concentrated in these opioid substances from products whose alkaloid composition is more consistent with botanical kratom."

In plain terms: federal enforcement will target chemically manipulated opioid products, NOT natural kratom leaf, which contains only trace amounts of these alkaloids.

This is the distinction the American Kratom Association has fought for, including through our litigation challenging the unintended consequences of the earlier scheduling action. AKA applauds the DEA and the Department of Justice for getting it right, and we are urging states to follow this science-based model rather than enact sweeping bans.

 

DOJ announcement

AKA’s full statement

The American Kratom Association applauds the Drug Enforcement Administration (DEA) and the U.S. Department of Justice for recognizing the importance of establishing specific scheduling thresholds for 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxylthat distinguish chemically manipulated opioid products from properly formulated natural kratom leaf products.

AKA also welcomes the resolution of its litigation challenging the potential unintended consequences of the federal scheduling action involving mitragynine pseudoindoxyl. The litigation sought to ensure that federal drug-control policies targeting dangerous, chemically manipulated substances would not inadvertently criminalize natural kratom products containing incidental trace amounts of compounds associated with the plant’s alkaloid chemistry.

“This is an important victory for science, sound public policy, and the millions of Americans who rely on responsibly manufactured natural kratom products,” said Mac Haddow, Senior Fellow on Public Policy for the American Kratom Association. “The DEA and the Department of Justice deserve recognition for addressing the critical distinction between dangerous, chemically manipulated opioid products and natural kratom leaf. That distinction is essential to protecting consumers without imposing an unjustified ban on lawful botanical products.”

Targeted Scheduling Protects Consumers Without Unnecessarily Restricting Natural Kratom

AKA has consistently supported appropriate federal action against products containing chemically manipulated or synthetically enhanced concentrations of 7-OH and related opioid compounds, which present materially different risks from traditional natural kratom leaf.

However, AKA has also emphasized that scheduling actions must be carefully defined to avoid encompassing natural kratom products simply because sensitive laboratory testing may detect trace amounts of certain alkaloids or related compounds.

The establishment of scientifically justified thresholds provides a more precise regulatory approach that focuses enforcement on products of concern while preserving access to natural kratom leaf and properly formulated products that comply with applicable standards.

“Federal drug policy should target the substances and product formulations that actually create the risk,” Haddow said. “It should not punish consumers or responsible manufacturers because a scheduling order fails to distinguish a deliberately manufactured opioid compound from the incidental trace constituents of a natural botanical product.”