On August 24 the DEA announced an order to place mitragynine pseudoindoxyl, MGM-15, and MGM-16 on Schedule I of the federal list of controlled substances for a period of two years. The announcement in part said:
The Drug Enforcement Administration (DEA) is issuing this temporary order to schedule three 7-hydroxymitragynine-related substances (mitragynine pseudoindoxyl, MGM-15, and MGM-16), including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible, in schedule I of the Controlled Substances Act. DEA bases this action on a finding that placing mitragynine pseudoindoxyl, MGM-15, and MGM-16 in schedule I is necessary to avoid an imminent hazard to public safety. This order imposes the regulatory controls and administrative, civil, and
criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle these three 7-hydroxymitragynine-related substances.
DATES: This temporary order is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], until August 26, 2028.
This means the order will likely be officially published in the Federal Register on Wednesday, and these molecules will officially be banished by decree.
The DEA has yet to announce a decision on 7-hydroxymitragynine (7-OH) though the agency announced in a notice published in July that it was up for consideration for Schedule I. During a public comment period, the Federal Register received more comments than kratom did in 2016 when the DEA was considering a ban on mitragynine.
What Does This Mean for Natural Leaf Kratom?
In its Notice #13580 to schedule 7-OH, the DEA stated “This temporary scheduling action does not apply to botanical kratom products that contain naturally occurring 7-OH below the specified threshold.” However, in Notice #13581 to schedule mitragynine pseudoindoxyl, MGM-15, and MGM-16 no such threshold was announced for naturally occurring mitragynine pseudoindoxyl (MP).
7-OH is a metabolite of mitragynine. MP is a metabolite of 7-OH. 7-OH and MP both occur naturally in kratom, but not necessarily all leaf kratom and MP is not necessarily detectable using lower-quality instruments.
The American Kratom Association flip-flopped in a matter of weeks on this topic. In a July 1 press release, the AKA said “MP, MGM-15, and MGM-16 do not occur naturally in the plant.” Then on August 2, the AKA had apparently changed its mind. In an X post, it pleaded with Joe Rogan for help on DEA Notice #13581 that “bans naturally occurring MP (Mitragynine pseudoindoxyl) under the same ban of Synthetic MGM-15 and MGM-16.” The comedian did not respond publicly.
Even if the DEA does not go after plain leaf, every law enforcement precinct in America will have the power to go after products they suspect contain MP starting Wednesday. It’s unclear if MP occurs in every kratom leaf product, but one quantitative analysis showed detection of trace amounts of MP in 33 out of 35 products tested. Of the 35 products, 7 kratom leaf and 6 kratom leaf capsule products were tested.
7-OH and MP are metabolites of kratom, so everyone who consumes kratom has 7-OH and MP in their system. This may pose serious issues for people who may be pulled over for suspected impaired driving as MP could theoretically show up in a blood test.
How serious any of this is to kratom consumers remains to be seen, but there is no guarantee someone possessing and consuming legal kratom products will not have legal problems based on how this DEA action is currently written.
Prohibition is Wrong, I’ve tried Pseudo, 15 & 16, I personally don’t find them appealing however users beware these drugs have an unseen effect on the viability of other opioids ie: Hydrocodone/oxycodone. Don’t be Shocked if you find that these types of pain meds Stop working.