DOJ Targets New Opioid Substances for Control

The Department of Justice (DOJ) has announced updated emergency scheduling actions targeting 7-hydroxymitragynine (7-OH) and three related opioid substances: mitragynine pseudoindoxyl (MGPI), MGM-15, and MGM-16. This move comes in response to new scientific findings and recommendations from the U.S. Department of Health and Human Services (HHS), the DOJ stated on October 9, 2026.

Attorney General Todd Blanche emphasized the importance of these actions, stating, "Dangerous and addictive opioids do not belong behind convenience store counters." He highlighted the DOJ's commitment to protecting communities and holding drug traffickers accountable.

The U.S. Drug Enforcement Administration (DEA) is issuing two new Notices of Intent based on the updated scientific information. According to the DOJ, these notices are designed to address the presence of 7-OH and MGPI in products, particularly those that have been intentionally enhanced or concentrated.

New Scientific Recommendations

The HHS has recommended that 7-OH and MGPI be subject to Schedule I control under specific conditions. These include when either substance alone, or their combined amount, exceeds 1 milligram per gram in solid products or 1 milligram per milliliter in liquid products. Additionally, control is recommended when the ratio of mitragynine to 7-OH, MGPI, or their combined amount is less than 100 to 1. This approach aims to distinguish between products with trace amounts of these substances and those with enhanced concentrations.

The updated HHS analysis confirms that 7-OH naturally occurs in botanical kratom at low levels. It also identifies new scientific information suggesting that MGPI may occur at trace levels in some botanical or kratom-derived products. Despite ongoing scientific developments concerning MGPI, HHS has recommended applying a threshold approach to both 7-OH and MGPI.

DEA's Temporary Scheduling Actions

On August 26, 2026, the DEA temporarily placed MGPI, MGM-15, and MGM-16 into Schedule I. These controls will remain in effect during the new 30-day Notice of Intent period and until the DEA issues a new temporary scheduling order. However, for 7-OH, the DEA has not yet issued a temporary scheduling order. Instead, the DEA will reissue a new Notice of Intent reflecting HHS' updated scientific recommendations.

The DOJ's actions reflect a proactive approach to addressing the evolving landscape of opioid substances and their potential risks to public health. The emergency scheduling aims to prevent the misuse of these substances while allowing for ongoing scientific research and analysis.