There has been a lot of noise about a "kratom ban" since July. Most of it collapses two very different things into one. Here is the actual sequence, with the primary documents attached, so you can read them yourself.
What the DEA filed
On July 1, 2026, the DEA announced its intent to temporarily place 7-hydroxymitragynine and three related substances into Schedule I of the Controlled Substances Act. Two separate notices were filed. The first covers 7-OH above a specified concentration threshold. The second covers three compounds that do not occur in the plant at all: mitragynine pseudoindoxyl, MGM-15, and MGM-16.
The notices published in the Federal Register on July 6, which started a mandatory 30-day waiting period. By statute, no temporary scheduling order could be issued before August 5, 2026.
That is the critical distinction most coverage has missed. A notice of intent is not an order. As of this writing, no temporary scheduling order has appeared in the Federal Register. The agency has said it intends to act promptly once the window opened, and it may do so at any time, but the window opening and the order issuing are two different events.
What the threshold actually covers
The proposed threshold is 0.050% 7-OH by weight, or more than 1.0 milligram per article. That number was not chosen arbitrarily. It sits well above what occurs naturally in leaf and well below what shows up in the concentrated tablets and shots sold in gas stations.
The joint HHS and FDA statement issued the same day was explicit on scope: the action is not intended to regulate natural leaf kratom that does not contain enhanced levels of 7-OH, and scheduling 7-OH above a threshold "does not intend to capture the kratom botanical leaf." Mitragynine, kratom's primary alkaloid, is not named in either notice.
Alongside the notices, the Office of the Assistant Secretary for Health opened a request for information seeking scientific data on whether 0.050% is the right number. That comment period closed July 31.
How we got here
This did not come out of nowhere. In July 2025, the FDA issued warning letters to seven companies marketing concentrated 7-OH products, specifically naming tablets, gummies, drink mixes, and shots. In December 2025, the FDA and Department of Justice seized roughly $1 million worth of 7-OH products from three firms in Missouri. The scheduling notices are the next step in a chain that has been building for over a year.
Where state law sits
Federal and state law move on separate tracks, and the state map is genuinely fragmented right now. Some states have banned kratom in all forms. Others have taken the narrower route, restricting concentrated 7-OH at retail while keeping natural leaf legal for adults. Tennessee's full ban took effect July 1, 2026.
Because these rules change on a rolling basis and vary at the county level in some states, we are not going to publish a state list that will be stale by the time you read it. Check your state legislature or regulatory agency directly. Our checkout blocks orders to restricted locations, but the responsibility to know your local law sits with you.
What this means if you buy from us
NuWave Botanicals does not sell synthetic or concentrated 7-OH products. We never have. Our catalog is natural leaf and full-spectrum leaf extracts, sourced from farming communities in Indonesia, with alkaloid content disclosed on the label and a Certificate of Analysis on file for every batch. Both the DEA and HHS have stated the intended scope of this action excludes that category.
Nothing in our lineup is affected by the notices as filed. You can review the full range in the EXP Kratom collection or across our complete kratom catalog.
My view
I have been in this industry twelve years. I have watched products get labeled "kratom extract" that had almost nothing in common with the leaf my growers harvest, and I have watched the whole category absorb the reputational damage every time one of those products hurt someone.
Regulators drawing a line between the plant and a chemically manipulated derivative is the outcome the legitimate side of this industry has been asking for. The threshold approach is imperfect, and the use of emergency scheduling authority is a fair thing to argue about on process grounds. But a rule that distinguishes leaf from isolate is better for consumers than either a blanket ban or the free-for-all we have had.
What worries me is the enforcement gap. A federal schedule only matters if someone checks what is actually in the bottle. That falls to labeling standards, third-party testing, and vendors willing to publish results. It has always been the part we control, and it is the part that does not change regardless of what the Federal Register says next.
What we are watching
- Publication of a temporary scheduling order in the Federal Register, which takes effect the day it publishes
- Whether the final threshold matches the 0.050% figure in the notice
- Whether temporary scheduling gets extended toward permanent, a separate and much slower process
- State Kratom Consumer Protection Act activity, which is where testing and labeling standards are actually being written
For context on the FDA's broader position on kratom, including its unresolved regulatory status as a supplement or food ingredient, see the agency's FDA and Kratom page. We will update this post as the situation develops. More policy coverage is on our news blog.
Note: This article reflects publicly available information as of August 24, 2026, and is provided for informational purposes only. It is not legal advice. Federal and state regulations governing kratom and 7-OH are changing rapidly. Verify the current status with the Federal Register and your state regulatory agency before making any decision.
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. Consult your healthcare provider before use.
Age Restriction: Kratom products are intended strictly for individuals 18 years of age or older, or 21+ where required by applicable state law. We comply with all applicable state and local laws. Orders to restricted areas are not fulfilled. Please check your local regulations before ordering.