DOJ Temporarily Puts Three Kratom-Related Opioids in Schedule I
A federal order that took effect August 26, 2026, placed three manufactured kratom-related opioid compounds in Schedule I, ending their lawful retail sale to the general public and imposing strict controls on other handling.
The Justice Department announced the action August 25. The Drug Enforcement Administration’s temporary scheduling order covers mitragynine pseudoindoxyl, commonly called MGPI, along with MGM-15 and MGM-16. It also covers specified isomers, esters, ethers and salts where the order says those chemical forms are possible.
What changed on August 26
The order applies Schedule I controls to the manufacture, distribution, reverse distribution, import, export and possession of the three compounds. Research, instructional activities, testing and chemical analysis are also subject to the applicable registration, security, recordkeeping, reporting and handling rules.
People and companies that handle the substances generally must have the appropriate Drug Enforcement Administration registration. Only registered manufacturers operating under federal quotas may manufacture them. Anyone unable or unwilling to obtain the required authorization must surrender existing stocks, according to the order.
The Federal Register order also states that retail sales of Schedule I controlled substances to the general public are not allowed under the Controlled Substances Act. Unauthorized possession of any quantity of MGPI, MGM-15 or MGM-16 on or after August 26 may be unlawful and may expose a person to prosecution, as well as administrative or civil sanctions.
The immediate effect is therefore aimed most directly at manufacturers, distributors, retailers, laboratories, researchers and consumers whose products or inventories contain one of the scheduled substances. A product’s prior retail availability or labeling does not determine whether it remains federally lawful.
The order is temporary
The temporary scheduling order is in effect from August 26, 2026, through August 26, 2028. It could end on that date, be extended or be replaced by permanent scheduling proceedings.
Under the order’s legal framework, the temporary control may be extended for up to one additional year if proceedings to control the substances permanently are initiated. Any extension or permanent action would require a later Federal Register document.
What the order does not do
This is not a blanket federal ban on all kratom. DOJ says the action targets deliberately manufactured, concentrated, fortified or intentionally added opioid products rather than traditional botanical kratom. The order specifically schedules MGPI, MGM-15 and MGM-16 and their covered chemical forms; it does not, by itself, place ordinary botanical kratom under Schedule I.
That distinction matters because kratom products can differ substantially in their chemical contents. Federal agencies have also pursued a separate process involving 7-hydroxymitragynine, or 7-OH, above a proposed concentration threshold. That process began separately and should not be described as a final nationwide scheduling rule unless a later official order confirms one.
The narrow policy on trace MGPI
DOJ says it will exercise enforcement discretion when testing confirms only incidental trace MGPI in a product that is otherwise consistent with botanical kratom.
That policy is not a statutory exemption, a legal safe harbor or a declaration that trace MGPI is permitted. MGPI remains a Schedule I substance. The policy also does not apply to MGM-15, MGM-16, intentionally added MGPI, or products that are manufactured, concentrated or fortified.
In practical terms, a company cannot rely on the policy as a general defense. Whether the policy is considered would depend on the product’s facts, the testing and the government’s discretionary enforcement decision.
Why DEA acted
DEA said the three compounds present an imminent hazard to public safety. DOJ and DEA point to preclinical evidence of potent mu-opioid receptor activity, reports of products being marketed for opioid effects and the absence of evidence that the substances have a currently accepted medical use under the federal standard described in the order.
Those are agency findings supporting emergency scheduling. The record includes preclinical and animal evidence; it should not be read as establishing human clinical benefits or risks beyond what the agencies state.
The Federal Register order says MGPI and MGM-15 had appeared in consumer products, while MGM-16 had not been confirmed in the consumer market but could emerge as a substitute. The order also describes online and mass-market distribution of products containing MGPI and MGM-15.
Early business impact and next steps
Businesses are already assessing what to do with affected inventories. The Missouri Independent reported August 28 that a Missouri kratom company said it destroyed $10 million in products after the DEA action. That is one company’s reported response, not a measure of the nationwide market or a federal disposal requirement for every seller.
Retailers, distributors, manufacturers and laboratories should review product testing, labels, inventories and compliance procedures for MGPI, MGM-15 and MGM-16. Consumers who have products labeled with those ingredients should not assume that a retail listing means the product remains federally lawful.
The next questions are whether DEA begins permanent scheduling proceedings, whether the temporary order is extended and whether the agency issues additional guidance about testing and incidental trace MGPI. The separate federal process involving concentrated 7-OH also remains important for the broader kratom market.
Sources
- Federal Register temporary scheduling order
- U.S. Department of Justice announcement
- Missouri Independent business-impact report
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