DEA announces temporary scheduling of synthetic kratom substances

Key Takeaways

On July 1, the U.S. Drug Enforcement Administration (DEA) filed two Notices of Intent to temporarily place highly concentrated and synthetic kratom-related substances into Schedule I of the Controlled Substances Act. Additionally, the Office of the Assistant Secretary for Health (OASH) issued a Request for Information seeking public comment on scientific data on the proposed threshold level. 

This does not target natural kratom leaf products that contain only naturally occurring trace amounts of the primary active compound 7-hydroxymitragynine (7-OH). 

Read the Notices of Intent

What do the Notices of Intent do?

Kratom is a botanical substance that has become increasingly available in the United States in products such as powders, capsules, gummies, beverages and extracts. While natural kratom contains only trace amounts of 7-OH, some manufacturers have produced highly concentrated and synthetic 7-OH products that can produce opioid-like effects and pose greater risks of addiction and overdose.

Previously, these concentrated and synthetic products were not scheduled under the Controlled Substances Act, limiting federal enforcement options. If finalized, the DEA's temporary scheduling order would classify high concentrations of 7-OH, along with three synthetic derivatives, as Schedule I controlled substances for up to two years. This designation provides federal, state and local law enforcement with additional authority to investigate manufacturers and distributors, remove unlawful products and prosecute illegal trafficking while public health agencies continue evaluating these emerging substances.

Temporary scheduling

Schedule 1 drugs are defined as drugs with no currently accepted medical use and a high potential for abuse. Temporary Schedule I placement would provide federal and state law enforcement with additional authority to investigate manufacturers and distributors, remove products from commerce and prosecute illegal trafficking. It also strengthens public health agencies' ability to respond to an emerging substance before it becomes more widely available in communities.

The announcement builds on previous federal enforcement efforts. In 2025, the FDA issued warning letters to companies marketing illegal 7-OH products and partnered with the Department of Justice and the U.S. Marshals Service to seize approximately $1 million worth of unlawful products.

What This Means for Counties

Counties are increasingly encountering the impacts of kratom use through public health systems, behavioral health providers, emergency response services, poison control centers and law enforcement agencies. Temporary scheduling provides county law enforcement with additional tools to support state and federal partners in addressing the manufacture, distribution and sale of synthetic 7-OH products. It also supports county public health efforts to educate residents, monitor emerging drug trends and coordinate prevention strategies. 

This action comes as NACo continues to advocate for strengthened federal oversight of kratom products. NACo supports federal, state and local efforts to regulate or prohibit kratom products, particularly those containing concentrated or synthetic 7-OH, and encourages collaboration with public health agencies to educate communities on the risks associated with kratom use.