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DEA 7-OH Scheduling Timeline (2026): Key Dates & Documents

// DEA 7-OH SCHEDULING TIMELINE · REFERENCE

Reference · Last updated July 8, 2026

A chronological reference for the DEA's 2026 temporary scheduling action on 7-OH (7-hydroxymitragynine): the key dates, docket numbers, the threshold definition, what temporary scheduling means procedurally, and links to the primary Federal Register documents. This is an educational summary of public records, not legal advice.

Timeline of key dates

Date Event
July 1, 2026 DEA announces the action and transmits two Notices of Intent (NOIs) to the Federal Register for public inspection.
July 6, 2026 Both NOIs publish in the Federal Register — 91 FR 40917 (Docket DEA-1570) for 7-OH above a specified threshold, and 91 FR 40909 (Docket DEA-1644) for mitragynine pseudoindoxyl, MGM-15, and MGM-16. The mandatory 30-day period under 21 U.S.C. 811(h) begins.
July 31, 2026 Reported close of the comment window on the related HHS Request for Information (HHS-OASH-2026-0232; 91 FR 41049).
On or after August 5, 2026 Earliest legal date the temporary scheduling order may publish. Thirty days after July 6 lands on August 5. The order takes effect the day it publishes; there is no separate grace period.
Effective date + up to 2 years Temporary Schedule I status remains in force for up to two years while HHS and FDA complete a full scientific and medical evaluation.
+ up to 1 additional year The DEA may extend the temporary placement by up to one more year while permanent scheduling is considered through separate rulemaking.

Primary documents & citations

Citation What it is
91 FR 40917 — Docket DEA-1570 Notice of Intent to temporarily place 7-hydroxymitragynine above a specified threshold (including its isomers, esters, ethers, and salts) in Schedule I of the Controlled Substances Act.
91 FR 40909 — Docket DEA-1644 Companion Notice of Intent to temporarily place mitragynine pseudoindoxyl, MGM-15, and MGM-16 in Schedule I by name.
21 U.S.C. 811(h) The statutory authority for temporary (“emergency”) scheduling: requires a published Notice of Intent, a minimum 30-day wait, and a finding of imminent hazard to public safety.
HHS-OASH-2026-0232; 91 FR 41049 Related HHS Request for Information gathering scientific and public input relevant to the review.

The threshold definition

The 7-OH notice is written around a quantitative threshold rather than the kratom plant as a whole. Material is in scope of the proposed Schedule I placement when it contains more than 0.050% 7-OH by weight (for botanical material, by dry weight), or more than 1.00 mg of 7-OH per package or article. Plain kratom leaf and leaf powder below that threshold are outside the action, and mitragynine — kratom's primary alkaloid — is not named. The arithmetic is broken down in the DEA 7-OH threshold explainer.

What "temporary scheduling" means procedurally

Temporary scheduling under 21 U.S.C. 811(h) is an emergency mechanism the DEA uses when it finds a substance poses an imminent hazard to public safety. Procedurally it works in defined steps: the DEA publishes a Notice of Intent; it must then wait at least 30 days; after that window it may issue the temporary scheduling order, which becomes effective on the day it publishes in the Federal Register. The placement is time-limited — up to two years, extendable by up to one additional year — during which HHS and FDA complete the scientific and medical evaluation that permanent scheduling requires. Making the placement permanent would require a separate, full rulemaking with public comment and formal findings. For a plain-language walk-through see Is 7-OH getting banned?, and for the state-level picture see the 7-OH legal status by state tracker.

Retailers and buyers verifying that a product's lab results reflect the threshold can review third-party Certificates of Analysis in the Favor’d Alkz COA database.

How to cite this page

7ohBlack. "DEA 7-OH Scheduling Timeline (2026): Key Dates & Documents." Last updated July 8, 2026. https://7ohblack.com/blogs/news/dea-7oh-scheduling-timeline-2026

Frequently asked questions

When were the DEA 7-OH notices published?

The two Notices of Intent published in the Federal Register on July 6, 2026: 91 FR 40917 (Docket DEA-1570) for 7-OH above a specified threshold, and 91 FR 40909 (Docket DEA-1644) for mitragynine pseudoindoxyl, MGM-15, and MGM-16.

What is the earliest the ban can take effect?

On or after August 5, 2026. Under 21 U.S.C. 811(h) the DEA must wait at least 30 days after publishing the Notice of Intent; 30 days from July 6 is August 5, and the temporary order is effective the day it publishes.

What is the 7-OH threshold?

The action covers material containing more than 0.050% 7-OH by weight, or more than 1.00 mg of 7-OH per package or article. Plain kratom leaf below that threshold is not covered.

How long does temporary scheduling last?

Up to two years, extendable by up to one additional year, while HHS and FDA complete a full scientific and medical review. Permanent scheduling would require a separate rulemaking.

Does a Notice of Intent mean 7-OH is banned now?

No. A Notice of Intent is the legally required first step, not the ban itself. The temporary scheduling order is a separate document that publishes on or after August 5, 2026 and takes effect on publication.

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For adults 21+, where legal. This page is an educational summary of public federal and state documents and is not legal advice; regulatory status in this category changes quickly — verify the current Federal Register dockets and your state's law before acting. These statements have not been evaluated by the FDA. This product is not intended to diagnose, treat, cure, or prevent any disease.

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