Is 7-OH banned? The 2026 DEA action explained

At a glance: the 7-OH regulatory status (as of July 21, 2026)

Key Takeaways

• The DEA moved to ban concentrated 7-OH specifically. On July 1, 2026, it filed notices of intent to temporarily place 7-OH above a specified threshold in Schedule I, along with three synthetic derivatives that do not occur naturally in the kratom plant.
• The action targets extracts, not the leaf. Regulators drew a clear line: the temporary scheduling applies to concentrated and synthetic 7-OH products above the 0.05% threshold. Natural kratom leaf below that threshold is explicitly excluded.
• The order is temporary and not yet in effect. The temporary scheduling window lasts two years, extendable to three. Permanent scheduling requires a separate rulemaking process. The order cannot take effect before August 5, 2026.
• States already vary widely. Nine states ban kratom outright as of July 2026. Others restrict concentrated 7-OH while keeping leaf legal. The federal action sets a national floor once it takes effect, but state law is what currently governs most local shelves.
• People already dependent on 7-OH have a treatment path. Buprenorphine/naloxone (Suboxone) is FDA-approved for opioid use disorder and effective for 7-OH dependence. It is available in all 50 states through telehealth.

What just happened: the DEA's July 2026 action

The DEA filed two separate Notices of Intent (NOI) with the Federal Register on July 1, 2026. Both were published July 6, 2026.

NOI 1: 7-OH above a specified threshold. This notice covers 7-hydroxymitragynine at concentrations exceeding 0.05% by dry weight in botanical kratom material, or more than 0.05% by weight/volume, or more than 1.00 milligram per article in synthetic or processed products. The 1 mg per article threshold is significant: virtually all 7-OH tablets, gummies, and shots on the market carry doses of 10 mg, 25 mg, 50 mg, or more, meaning they fall well above this line. The 0.05% threshold was chosen to protect botanical kratom below that natural concentration while capturing manufactured and concentrated products.

NOI 2: Three synthetic derivatives. This notice covers mitragynine pseudoindoxyl (MP), MGM-15, and MGM-16 without a threshold, meaning any amount. MP is a chemical rearrangement product of 7-OH. MGM-15 and MGM-16 are fully synthetic derivatives that do not occur in the kratom plant at all. The DEA stated that it had identified a vendor already listing MGM-16 for future sale and that scheduling MGM-15 without MGM-16 would create a regulatory loophole manufacturers were already positioned to exploit.

The DEA's press release described the action as targeting "highly concentrated, synthetic 7-OH products, which pose a growing threat to public safety and health." The HHS and FDA issued a joint statement the same day commending the notices, stating that the action "does not intend to capture the kratom botanical leaf."

Concurrent with the DEA notices, the Office of the Assistant Secretary for Health (OASH) opened a public Request for Information asking for comment on the proposed 0.05% threshold. The comment period runs through July 31, 2026. HHS stated the RFI is limited to the question of whether the threshold is appropriate and is not soliciting comment on permanent scheduling or the general safety of kratom.

Extracts vs. the leaf: what is actually covered

This is the distinction that matters most for anyone trying to understand whether their product is affected.

The DEA's action is built around the difference between naturally occurring 7-OH in the kratom leaf and concentrated or synthesized 7-OH in commercial products. Research has documented that 7-OH occurs in dried kratom leaf at 0.003 to 0.04% by weight — trace amounts that fall well below the 0.05% threshold. Commercial concentrated products are manufactured by chemically oxidizing mitragynine in a laboratory, producing 7-OH at concentrations of 22 to 75 mg per gram or higher.

The 0.05% threshold is designed to sit between those two categories. Botanical kratom products made from leaf and not further processed to concentrate 7-OH should fall below it. Tablets, gummies, shots, strips, and other products that contain isolated or enriched 7-OH should fall above it.

The American Kratom Association, which has consistently supported federal action against concentrated 7-OH while opposing restrictions on the leaf, stated on July 1 that the DEA action "confirms what the AKA has repeatedly warned: chemically manipulated 7-OH opioid products are not natural kratom leaf products." The Natural Products Association expressed similar support.

The state-by-state picture

Federal action does not replace state law; the two operate on parallel tracks. As of July 2026, the state landscape is already fragmented:

Tennessee's ban, known as Matthew Davenport's Law (HB1649), took effect July 1, 2026 and is the most recent full ban. It is named for a 27-year-old Chattanooga resident whose family testified about his death after using kratom alongside a prescription medication. Virginia's July 1, 2026 law took a narrower approach: banning concentrated 7-OH at retail while keeping natural kratom leaf legal for adults 21 and older, and requiring products to be kept in locked cases with warning labels about dependence risk.

Rhode Island reversed its previous kratom ban effective April 1, 2026, becoming the first state to do so.

State laws vary significantly. A product that is legal in one state may be prohibited in the next. Some states ban the leaf; others ban only concentrated products. Some regulate by content threshold; others by product type. For current status in your state, check with your state's pharmacy board, attorney general's office, or a licensed attorney.

What happens next: the process and the pushback

Once the Federal Register notices were published on July 6, 2026, a mandatory 30-day waiting period began before the DEA can issue the temporary scheduling order. The earliest effective date is August 5, 2026. The temporary order, once issued, lasts two years and can be extended for a third. Permanent scheduling requires a separate, longer formal rulemaking process with its own notice-and-comment period.

Industry groups representing 7-OH product manufacturers and retailers have signaled opposition to the threshold and the process. Several have argued that the DEA's use of temporary scheduling authority, designed for emergency situations, is procedurally inappropriate given that the product has been on the market for years and the agency has been aware of it. The public comment period on the HHS threshold RFI provides one formal channel for that input; legal challenges to the scheduling action are widely anticipated.

On the other side, public health advocates, addiction medicine clinicians, and the American Kratom Association have all supported the action. The AKA's position, stated publicly on July 1, is that the regulation protects consumers of natural kratom leaf while removing products that have been "falsely marketed as kratom."

The debate, in brief:

If you are dependent on 7-OH

Regulatory action does not remove dependence. Whether the scheduling takes effect in August or moves more slowly through legal challenge, people who have developed a physical dependence on concentrated 7-OH face withdrawal if they stop abruptly, and the opioid overdose risk that comes with it.

Buprenorphine/naloxone (Suboxone) is an FDA-approved medication for opioid use disorder. It works on the same mu-opioid receptors that 7-OH activates, which is why it is effective for 7-OH dependence. It prevents withdrawal, reduces cravings, and is prescribed under medical supervision. It is legal in all 50 states, available through telehealth in most of them, and often accessible the same day someone reaches out. Learn how Bicycle Health's treatment works.

Frequently Asked Questions

Is 7-OH illegal now?

As of July 21, 2026, concentrated 7-OH above the specified threshold is not yet a federally scheduled controlled substance. The DEA filed notices of intent on July 1, 2026, published July 6, 2026. The temporary scheduling order cannot take effect before August 5, 2026. Several states have already banned 7-OH or kratom under their own laws, and those state-level restrictions are in effect now regardless of the federal timeline. This page is updated weekly while the situation develops.

Does the DEA ban cover natural kratom leaf?

No. Both the DEA's notices and HHS's statement explicitly state that the action does not apply to botanical kratom products containing 7-OH below the 0.05% threshold. Natural kratom leaf, which contains 7-OH at 0.003 to 0.04% by dry weight, falls well below that line. Nine states ban all kratom including the leaf under their own laws, but the federal DEA action is specifically designed not to reach it.

What is Schedule I?

Schedule I is the most restrictive category under the federal Controlled Substances Act. Substances placed in Schedule I are defined as having a high potential for abuse, no currently accepted medical use, and a lack of accepted safety for use under medical supervision. Heroin, LSD, and psilocybin are Schedule I. Once a substance is placed there, its manufacture, distribution, sale, and possession become subject to federal criminal, civil, and administrative penalties. Buprenorphine, used to treat opioid use disorder, is Schedule III and legally prescribed.

Will kratom be permanently banned?

The July 2026 action is temporary scheduling, not permanent. The temporary order lasts two years, extendable to three, while the DEA determines whether to pursue permanent scheduling through a formal rulemaking process. Permanent scheduling requires a longer notice-and-comment process and is a separate action from what was filed in July 2026. The DEA withdrew a previous attempt to schedule kratom in 2016 after significant public and legislative opposition. How this temporary action progresses to permanent rulemaking, or whether it does, will depend in part on the results of the HHS comment period and any legal challenges.

Does the DEA action affect buprenorphine treatment?

No. Buprenorphine/naloxone (Suboxone) is a Schedule III controlled substance with FDA approval for the treatment of opioid use disorder. It is legally prescribed in all 50 states and is unaffected by the 7-OH scheduling action. People dependent on 7-OH can transition to buprenorphine treatment regardless of what happens with the DEA's regulatory process.

What should I do if I am dependent on a product that may become illegal?

The most important step is to get connected with a treatment provider before withdrawal or supply disruption forces the issue. Abrupt discontinuation of concentrated 7-OH after regular use can cause significant opioid-type withdrawal. Buprenorphine/naloxone can prevent that withdrawal and stabilize your system under medical supervision. A telehealth provider can evaluate you by video and, if appropriate, send a prescription to your pharmacy the same day. See how Bicycle Health's treatment works.