For more than a year, the federal debate over 7-OH has turned on one question: how do regulators target concentrated 7-OH products without sweeping in the natural kratom leaf, which contains the same compound in trace amounts? This week, federal agencies put a number on the answer.
On October 9, the U.S. Department of Health and Human Services recommended a two-part threshold for 7-hydroxymitragynine (7-OH) and a related compound, mitragynine pseudoindoxyl (MGPI). On October 14, the DEA published a new notice of intent to temporarily place both compounds in Schedule I when a product exceeds that threshold. Here is what the notice says, how the test works, and what happens next.
What Happened This Week
- October 9: HHS announced its threshold recommendation. In the HHS press release, Secretary Robert F. Kennedy Jr. said the agency is "drawing a clear line between natural kratom and dangerous, enhanced opioid products."
- October 14: The DEA published its notice of intent in the Federal Register (91 FR 65370, Docket DEA-1570), adopting the HHS threshold for both 7-OH and MGPI.
- Same day: The DEA withdrew its July 2026 notice of intent, which had proposed scheduling 7-OH above a different, lower threshold. We covered that earlier proposal in our 7-OH scheduling window update.
How the New Threshold Works
Under the notice, a product containing 7-OH, MGPI, or both would fall under temporary Schedule I control if it meets either of two tests. The proposed regulation joins them with the word "or," so meeting one is enough.
Test A: Concentration
The product contains more than 1 milligram per gram of 7-OH, MGPI, or their combined amount in solid, powder, or capsule form, or more than 1 milligram per milliliter in a liquid.
For reference, 1 milligram per gram is the same as 0.1 percent by weight. Lab reports usually express alkaloid content as a weight percentage, so a 7-OH result of 0.1 percent sits right at this line.
Test B: Ratio
The mass of mitragynine, the most abundant alkaloid in kratom leaf, divided by the mass of 7-OH, MGPI, or their combined amount is less than 100. Put another way, a product needs at least 100 times more mitragynine than 7-OH and MGPI combined to stay under this test.
Here is a simple hypothetical to show the math. If a lab report showed 1.0 percent mitragynine and 0.02 percent 7-OH, the ratio would be 1.0 divided by 0.02, or 50. That is below 100, so the product would meet Test B even though its 7-OH concentration is under Test A's limit.
What Happens Next
A notice of intent is not yet a scheduling order. The timeline from here:
- No comment period. Temporary scheduling under federal law does not include a public comment period, and the notice lists none.
- 30-day wait. The DEA cannot issue the temporary order until at least 30 days after the notice was published. The notice says the order will be published on or after November 13, 2026.
- Effective on publication. Once the order is published, it takes effect immediately.
- Two years, possibly three. A temporary order lasts two years and can be extended by one year while permanent scheduling proceeds.
The DEA's separate August 2026 temporary order, which placed MGPI and two synthetic 7-OH derivatives (MGM-15 and MGM-16) in Schedule I with no threshold, stays in effect until it expires or the new order replaces it. We covered that order in DEA Places Three 7-OH-Related Compounds in Schedule I.
What the Notice Does and Does Not Say About Natural Kratom
HHS framed the threshold as a way to separate concentrated or chemically altered products from natural botanical kratom, which may contain trace amounts of 7-OH and MGPI. The DEA notice states that in its natural botanical form, 7-OH makes up "less than two percent of the total alkaloid content" of the plant.
The notice does not, however, exempt kratom by name, and the DEA is careful about how far it goes. It says readers "should not infer" that products below the threshold are safe for consumption, and it states that the agency still views kratom and its two major alkaloids as drugs of concern. Whether a specific product falls above or below the line depends on its measured alkaloid content, not its label.
The Context: Ole Miss
The notice arrives two weeks after federal prosecutors in Mississippi charged an Oxford store clerk and his son with possession with intent to distribute controlled substances, in a case the U.S. Attorney's Office tied to the death of one of two University of Mississippi students found on September 21. The release describes the seized items as suspected kratom derivative products and names MGPI, MGM-15, and MGM-16 as examples of derivatives now in Schedule I. A criminal complaint contains allegations only, and no toxicology results have been released.
What This Means If You Buy Kratom
The new threshold makes the certificate of analysis more important than ever, because both tests are measured directly from a lab report.
- Look for 7-OH on the report. A complete alkaloid panel lists mitragynine and 7-hydroxymitragynine, usually as a percentage by weight.
- Check both numbers. Test A looks at 7-OH concentration. Test B compares mitragynine to 7-OH. A report lets you check both.
- Ask the vendor. If a product has no alkaloid panel, or the vendor will not share one, that is worth knowing before November.
If you are new to reading these reports, our guide on how to read a kratom lab report walks through every line, and Natural Kratom vs. Synthetic 7-OH explains why regulators have focused on this distinction.
Where We Stand
We have supported rules that target concentrated and synthetic 7-OH products rather than banning the natural leaf, and a measurable threshold moves federal policy in that direction. We do not carry 7-OH products, and we do not carry MGPI, MGM-15, or MGM-16. Every product we sell is lab tested. For the report on a specific batch, email orders@nuwavebotanicals.com.
We will update this post when the DEA publishes its temporary order. We comply with all applicable state and local laws. Orders to restricted areas are not fulfilled. Check your local regulations before ordering.
Sources
- HHS: HHS Recommends Science-Based Thresholds to Target Dangerous Enhanced Kratom Products (October 9, 2026)
- Federal Register: Temporary Placement of 7-Hydroxymitragynine and Mitragynine Pseudoindoxyl Above a Specified Threshold in Schedule I, 91 FR 65370 (October 14, 2026)
- U.S. Attorney's Office, Northern District of Mississippi (October 1, 2026)
FDA Disclaimer
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Kratom products are intended strictly for individuals 18 years of age or older, or 21+ where required by applicable state law.