Is 7-OH banned? The 2026 DEA action explained

Status as of August 14, 2026: 7-OH is still not federally scheduled. The August 5 date passed and no order has been filed.

August 5 was the earliest date the DEA could issue its temporary scheduling order. That date has come and gone. As of today the order has not appeared in the Federal Register, which means concentrated 7-OH above the specified threshold remains federally unscheduled.

This does not mean the action is off. The DEA said it intends to issue the order as soon as possible after the waiting period closed. It can publish on any day with no advance notice, and it takes effect the moment it publishes.

State law is moving faster than federal law. Massachusetts issued an emergency order on August 13 covering all forms of kratom, and several states already ban 7-OH outright.

This page is checked weekly.

On July 1, 2026, the Drug Enforcement Administration announced its intent to temporarily place 7-hydroxymitragynine (7-OH) above a specified concentration threshold in Schedule I, the most restrictive category of the Controlled Substances Act. A second notice covers three related synthetic compounds. The action does not ban natural kratom leaf. It targets concentrated and semi-synthetic 7-OH products, specifically the tablets, gummies, shots, and strips sold at gas stations and smoke shops that contain 7-OH at levels far above what occurs naturally in the kratom plant.

The short answer to "is 7-OH banned": at the federal level, no. August 5 was the earliest date the order could issue, that date has passed, and nothing has been filed since. The order can still arrive on any day. Several states have already acted on their own, and those laws are in force now.

At a glance: the 7-OH regulatory status (updated August 14, 2026)

Why August 5 came and went (updated August 14, 2026)

August 5 was a floor, not a deadline. That distinction has been lost in most coverage, and it is why many people believe a ban already happened.

Under the temporary scheduling law, the DEA has to wait at least 30 days after publishing a notice of intent before it can issue the order itself. The notices published July 6. Thirty days later is August 5. That is the entire meaning of the date. It is the first day the agency is permitted to act, not a day it promised to act.

Nothing requires the DEA to move on that date, or at all. Temporary scheduling orders have often been issued weeks or months after the earliest permitted date. The agency has also walked away from a kratom scheduling action before. In 2016 it announced plans to schedule kratom's two main alkaloids, then withdrew the proposal after public and congressional objection.

Two things may be slowing this one down. The HHS comment docket on the proposed threshold closed July 31 with 32,149 comments received. Separately, the American Kratom Association, which supported the action, has raised concerns that the second notice may reach mitragynine pseudoindoxyl, an alkaloid that occurs naturally in the plant, rather than only laboratory-made compounds.

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. That comment period closed July 31, 2026 with 32,149 comments received. HHS stated the RFI was limited to the question of whether the threshold is appropriate and did not solicit comment on permanent scheduling or the general safety of kratom. Because the threshold is what the comments addressed, the final order could carry a different number than the notice.

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 run on parallel tracks, and right now state law is the one actually moving. As of August 14, 2026, the landscape is fragmented and changing month to month:

Massachusetts is worth understanding separately, because it went further than the federal action. The DEA order is written to leave botanical kratom leaf alone. The Massachusetts emergency order covers all kratom products, leaf included. If you are relying on the leaf-versus-concentrate distinction, that distinction does not hold in every state. The Boston City Council is separately considering a city ban on concentrated 7-OH products.

Tennessee's ban, known as Matthew Davenport's Law (HB1649), took effect July 1, 2026 and is the most recent full statutory 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 could issue the temporary scheduling order. That period ended August 5, 2026. As of August 14 the order has not been filed, and no date has been announced. The DEA can issue it on any day, and it takes effect the day it publishes. Once issued, the temporary order lasts two years and can be extended for a third. Permanent scheduling requires a separate, longer 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 provided 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 next week 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 August 14, 2026, no. Concentrated 7-OH above the threshold is not a federally scheduled controlled substance. The DEA filed notices of intent on July 1 and published them July 6, which made August 5 the earliest date the order could issue. That date passed and nothing has been filed. The order can still arrive on any day. Several states have banned 7-OH or kratom under their own laws, including a Massachusetts emergency order on August 13, and those restrictions apply now regardless of the federal timeline. This page is checked weekly.

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.

Get help for 7-OH dependence

Buprenorphine treatment is available in all 50 states, regardless of where the 7-OH regulatory situation stands.

This article is for general informational purposes only. It is not legal advice. Laws affecting 7-OH and kratom are changing rapidly at both the federal and state levels. Consult a licensed attorney for guidance specific to your situation. SAMHSA's free, confidential helpline is available 24/7 at 1-800-662-4357.

Next Steps

• How telehealth OUD treatment works at Bicycle Health
• Get emergency access to buprenorphine
• Check your state
• Insurance and pricing information
• Is 7-OH natural?: The chemical reality

This article is for educational purposes only and is not a substitute for professional medical advice. If you are experiencing severe withdrawal symptoms, contact a healthcare provider or go to your nearest emergency room.