DEA revises temporary-scheduling approach for concentrated kratom-related substances

The substances covered

The recommendation targets 7-OH and MGPI. Ordinary mitragynine is used in the ratio calculation; it is not the substance newly designated by this recommendation.

The concentration test

The proposed temporary-scheduling threshold is more than one milligram per gram for solids or more than one milligram per milliliter for liquids, counting either compound alone or their combined amount.

The ratio test

The alternative test divides mitragynine mass by 7-OH, MGPI or their combined mass when both are present. A ratio below 100 to 1 meets that test. Reversing the ratio changes its meaning.

Controls already in force

DOJ says MGPI, MGM-15 and MGM-16 have been temporarily in Schedule I since August 26. Those controls continue through the new notice period until a replacement temporary order.

The unfinished step

DOJ says 7-OH had no temporary scheduling order yet. A Notice of Intent begins a required stage; it should not be described as a completed permanent scheduling decision.

The next legal checkpoint

The next temporary order and its operative definitions will determine the change. The distinction sought for botanical products does not establish that every kratom product is safe.

What to watch next

New temporary scheduling orders, exact operative definitions and implementation.

Material unknowns

• Implementation, reach and measured effects require later dated evidence.