Kratom (Whole Leaf / Mitragynine): Federal Status (2026)

FEDERAL: neither Mitragyna speciosa nor mitragynine is listed in 21 CFR 1308.11 as of 2026-09-22 (eCFR current). DEA's 2016 notice of intent was withdrawn. The 2026 DEA actions reach 7-OH (proposed, above a threshold) and the three 7-OH-related substances (pseudoindoxyl, MGM-15, MGM-16, temporary Schedule I 2026-08-26), not whole-leaf kratom or mitragynine. FDA posture: unapproved, import alert 54-15; exposure signal, not scheduling. --- 2026-10-14 DEA re-notice (FR 2026-20943): the new 7-OH/pseudoindoxyl threshold reaches kratom products indirectly. Any product whose mitragynine is less than 100 times its 7-OH (or 7-OH plus pseudoindoxyl), or that carries more than 1 mg/g or 1 mg/mL of 7-OH plus pseudoindoxyl, would be Schedule I once the order issues (on or after Nov 13, 2026). Plain leaf and typical leaf extracts sit above the 100:1 ratio; 7-OH enhanced or fortified kratom extracts and shots would not. Kratom leaf and mitragynine themselves are not scheduled. Check COAs for the mitragynine to 7-OH ratio on extracts. --- --- 2026-10-14 DEA re-notice (FR 2026-20943): the new 7-OH/pseudoindoxyl threshold reaches kratom products indirectly. Any product whose mitragynine is less than 100 times its 7-OH (or 7-OH plus pseudoindoxyl), or that carries more than 1 mg/g or 1 mg/mL of 7-OH plus pseudoindoxyl, would be Schedule I once the order issues (on or after Nov 13, 2026). Plain leaf and typical leaf extracts sit above the 100:1 ratio; 7-OH enhanced or fortified kratom extracts and shots would not. Kratom leaf and mitragynine themselves are not scheduled. Check COAs for the mitragynine to 7-OH ratio on extracts. ---

21 CFR 1308.11 Schedule I (eCFR, current as of 2026-09-22): no entry for Mitragyna speciosa or mitragynine. The only kratom-alkaloid-related entries are (h)(89)-(91): mitragynine pseudoindoxyl, MGM-15 and MGM-16 (91 FR 54948, eff. 2026-08-26).

Citations

1. 21 CFR 1308.11 Schedule I (eCFR, current) (eCFR / Office of the Federal Register, 2026-09-22) PRIMARYOFFICIAL
2. Schedules of Controlled Substances: Temporary Placement of Mitragynine Pseudoindoxyl, MGM-15, and MGM-16 in Schedule I (DEA temporary scheduling order, 91 FR 54948, Docket No. DEA-1644, FR Doc. 2026-17429) (Drug Enforcement Administration / Federal Register, 2026-09-22) PRIMARYOFFICIAL

Change history

• 2026-10-14Headline updated: "Kratom leaf / mitragynine not federally scheduled; DEA 7-OH re-notice (Nov 13+) reaches extracts under 100:1 mitragynine to 7-OH".

Pending deadlines

• 2026-11-13 · Federal · DEA 7-OH threshold order would reach kratom extracts under 100:1 mitragynine to 7-OH (DEA-1570 / FR 2026-20943)
  On or after Nov 13, 2026: kratom products whose mitragynine is less than 100 times their 7-OH (or 7-OH plus pseudoindoxyl), or above 1 mg/g or 1 mg/mL of those, would be Schedule I. Plain leaf and typical extracts sit above 100:1; enhanced 7-OH kratom does not. Kratom leaf and mitragynine are not scheduled.

Federal instruments on file

For the reasons set out above, DEA amends 21 CFR part 1308 as 
follows:
PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES
0
1. The authority citation for part 1308 continues to read as follows:
 Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise 
noted.
0
2. In Sec. 1308.11, add paragraphs (h)(89) through (91) to read as 
follows:
Sec. 1308.11 Schedule I.
* * * * *
 (h) * * *
------------------------------------------------------------------------
 * * * * * * *
(89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672
 3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-
 indolizine]-7'-yl)-3-methoxyacrylate (commonly known as
 mitragynine pseudoindoxyl) including its isomers, esters,
 ethers, salts, and salts of isomers, esters, and ethers,
 whenever the existence of such isomers, esters, ethers, and
 salts is possible. Since nomenclature of this substance is not
 internationally standardized, compounds of this structure,
 regardless of numerical designation of atomic positions are
 covered
(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673
 methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-
 a]quinolizin-2-yl)-3-methoxyacrylate (commonly known as MGM-
 15; also known as dihydro-7-hydroxymitragynine) including its
 isomers, esters, ethers, salts, and salts of isomers, esters,
 and ethers, whenever the existence of such isomers, esters,
 ethers, and salts is possible. Since nomenclature of this
 substance is not internationally standardized, compounds of
 this structure, regardless of numerical designation of atomic
 positions are covered
(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674
 hydroxy-8- methoxy-1,2,3,4,6,7,7a,12,12a,12b-
 decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate
 (commonly known as MGM-16; also known as 9-fluoro-dihydro-7-
 hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine
 (depending on numbering convention)) including its isomers,
 esters, ethers, salts, and salts of isomers, esters, and
 ethers, whenever the existence of such isomers, esters,
 ethers, and salts is possible. Since nomenclature of this
 substance is not internationally standardized, compounds of
 this structure, regardless of numerical designation of atomic
 positions are covered
------------------------------------------------------------------------

Related

Kratom (Whole Leaf / Mitragynine) by state · How federal precedence works · Temporary scheduling

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