The U.S. Drug Enforcement Administration (DEA) has issued two Notices of Intent to temporarily place 7-hydroxymitragynine (7-OH) and three related substances into Schedule I of the Controlled Substances Act (CSA).
This temporary scheduling includes:
- 7-Hydroxymitragynine (7-OH),
- Mitragynine pseudoindoxyl (MP),
- Dihydro-7-hydroxymitragynine (MGM-15), and
- 9-fluoro derivative of 7-hydroxymitragynine (MGM-16).
These substances exhibit psychoactive, opioid-like effects, have unpredictable potency, no currently accepted medical use, high potential for abuse, and poses an imminent hazard to public safety.
What Is 7-OH, MP, MGM-15, and MGM-16?
While 7-Hydroxymitragynine (7-OH) is found in trace amounts in the Mitragyna speciosa plant, commonly known as kratom, the other three substances do not as MP is a chemical rearrangement of 7-OH, and MGM-15 and MGM-16 are synthetic derivatives of 7-OH. Kratom is indigenous to Southeast Asia and historically used in some regions for traditional religious and communal practices.
However, today you can find highly concentrated and chemically modified 7-OH products in gas stations, convenience stores, smoke and vape shops, and online. They may be marketed as powders, tablets, capsules, gummies, dissolvable strips, concentrates and extracts.
The DEA's proposal targets products containing elevated levels of 7-OH, not traditional botanical kratom products containing only naturally occurring levels below the established threshold.
The proposed thresholds include:
- Botanical kratom: Any botanical material from Mitragyna speciosa containing more than 0.050% 7-hydroxymitragynine on a dry-weight basis, or
- Synthetic products: Any product that is manufactured synthetically that contains more than 0.050% 7-hydroxymitragynine (by weight or volume), or more than 1.0 milligram of 7-hydroxymitragynine per article, or
- Processed kratom products: Derived from Mitragyna speciosa and further processed into extracts, concentrates, processed edibles, pressed pills, or other dosage forms that exceed the same threshold due to chemical, thermal, or other manufacturing processes.
What Happens if the Temporary Scheduling Takes Effect?
Once the temporary scheduling order is finalized, these substances will become Schedule I controlled substances under federal law. This means the manufacture, distribution, sale, and possession would become subject to the criminal, civil, and administrative provisions of the Controlled Substances Act.
Public Comment Period
Following the DEA's Notice of Intent, the Office of the Assistant Secretary for Health (OASH) issued a Request for Information seeking public comment on this matter. After the 30-day public comment period, OASH will forward the comments to the Attorney General for consideration. Once the comments have been reviewed, and at least 30 days have passed since publication of the Notice of Intent, the Attorney General may issue the temporary scheduling order placing these substances into Schedule I of the Controlled Substances Act.
Reporting Suspected Violations
If you suspect violations of federal controlled substance laws, including the illegal manufacture, distribution, trafficking, or sale of controlled substances, you can submit a tip directly to the Drug Enforcement Administration here or contact your local law enforcement agency.
Save Our Society From Drugs will continue to monitor developments and provide updates as the federal rulemaking process moves forward.
References:
https://www.hhs.gov/press-room/hhs-fda-support-dea-7-oh-scheduling.html
