The Department of Justice announced updated emergency scheduling actions targeting kratom derivatives 7-OH and three related substances – mitragynine pseudoindoxyl (MGPI), MGM-15, and MGM-16.

Reminder: Over the summer, DEA temporarily placed MGPI, MGM-15, and MGM-16 into Schedule I and proposed scheduling 7-OH above a certain threshold.

Now: The Drug Enforcement Administration (DEA) is issuing two new Notices of Intent based on new scientific information and recommendations from the Department of Health and Human Services (HHS).

1. DEA will reissue the Notice of Intent for MGM-15 and MGM-16 without changing the current scheduling approach for these substances.
2. DEA will issue a new Notice of Intent for 7-OH and MGPI incorporating HHS’s updated recommendation for concentration and ratio thresholds for scheduling. It proposes placing 7-OH and MGPI in Schedule I when either substance, or their combination, exceeds 1 milligram per gram (solids) or milliliter (liquids) or when the ratio of mitragynine (the primary psychoactive component in kratom) to 7-OH, MGPI, or their combined amount is less than 100 to 1.

The details: HHS’s recommended revised threshold approach for 7-OH and MGPI is designed to distinguish products containing trace amounts of these substances from formulations that have been intentionally enhanced or concentrated.

• The analysis confirms that 7-OH occurs naturally in botanical kratom at relatively low levels and identifies additional information suggesting that MGPI may also occur at trace levels in some botanical or kratom-derived products.

The reaction: The American Kratom Association celebrated the change as a resolution to its lawsuit against the original MGPI scheduling, which it argues could have criminalized natural leaf products containing trace amounts of MGPI. But some drug policy advocates and lawmakers want more limits around all kratom products, including natural leaf products.

Next steps: MGPI will remain in Schedule I during the new 30-day Notice of Intent period and until DEA issues a new temporary scheduling order.