US DOJ revises emergency scheduling guidelines for kratom-related substances

The U.S. Department of Justice (DOJ) has announced revisions to its emergency scheduling guidelines for certain kratom-related opioid substances. Following updated scientific findings from the Department of Health and Human Services (HHS), the Drug Enforcement Administration (DEA) plans to issue two new Notices of Intent regarding substances including 7-hydroxymitragynine (7-OH) and mitragynine pseudoindoxyl (MGPI).

The revised federal approach aims to distinguish between naturally occurring compounds in botanical kratom and products specifically manufactured with high concentrations of these substances. Under HHS recommendations, Schedule I controls would apply if 7-OH or MGPI (alone or combined) exceeds one milligram per gram in solid products or one milligram per milliliter in liquid products. Additionally, controls are proposed if the ratio of mitragynine to these substances falls below 100 to 1.

At the state level, kratom legality varies significantly. While kratom remains federally legal, several states—including Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin—have banned it. Oklahoma currently regulates the substance through its Kratom Consumer Protection Act, though a legislative interim study suggests that stricter regulations may be proposed in the near future.