DEA Announces Temporary 7-OH Ban; Public Comment Period Underway

DEA Announces Temporary 7-OH Ban; Public Comment Period Underway Leave a Comment / Current Events , General , News / By kratomjournalist On July 6, the United States Drug Enforcement Agency (DEA) published a notice in the Federal Register that it intends to place 7-hydroxymitragynine (7-OH) on Schedule I of the Controlled Substances Act. This is an emergency rule that would temporarily place covered 7-OH products in Schedule I for up to two years while the DEA considers permanent scheduling. The earliest a temporary Schedule I ban could take place would be August 5, 2026 , after a comment period that will last through July 31. The DEA states in the notice : The Administrator of the Drug Enforcement Administration is issuing this notice of intent to publish a temporary order to schedule 7-hydroxymitragynine above a specified threshold, 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, in schedule I of the Controlled Substances Act. When it is issued, the temporary scheduling order will impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle 7-hydroxymitragynine above a specified threshold. For a temporary scheduling action under 21 U.S.C. § 811(h), the DEA does not conduct the full eight-factor analysis used for permanent scheduling. Instead, the statute requires the DEA to consider only three of the eight factors from 21 U.S.C. § 811(c) when determining whether a substance poses an “imminent hazard to the public safety.” The notice specifically discusses: Factor 4. History and Current Pattern of Abuse. The DEA states that 7-OH products have rapidly emerged in the market and cites evidence that these products are being marketed and used for their psychoactive, opioid-like effects. Factor 5. Scope, Duration, and Significance of Abuse. The DEA argues that the availability and use of 7-OH products have expanded quickly and that the products are now widely distributed across the United States. The agency points to increasing reports of misuse and concludes that the extent of abuse has become significant enough to warrant emergency action. Factor 6. What, If Any, Risk There Is to Public Health. This is the primary focus of the notice. The DEA relies on reports of poison center calls, emergency department visits, overdoses, adverse events, dependence, and withdrawal, together with what they consider a sufficient amount of scientific evidence based on animal studies that 7-OH is a potent mu-opioid receptor agonist capable of producing opioid-like effects. Based on this information, the agency concludes that concentrated 7-OH products pose an imminent hazard to the public safety. HHS Accepting Public Comments The Department of Health and Human Services (HHS) is accepting public comments about this notice through July 31, 2026. HHS has issued specific guidelines on the opinions they are looking for: 1. Whether