Is MGM-16 Legal in Montana? (2026)

Is MGM-16 Legal? Every state and federal law

Montana MGM-16 ban status: ban in force

Federal

Federal Schedule I (DEA temporary order, drug code 9674), effective 2026-08-26 to 2028-08-26 (effective 2026-08-26). State-law reading underneath: Gray area.

Rule type

permanent

Tier

Under review

What the record says

Montana does not name MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine), 7-OH, mitragynine or kratom in its Schedule I statute (MCA 50-32-222, 2025 code) or in the board's additions rule (ARM 24.174.1412, which lists no Schedule I additions in the board's posted compilation), and Montana has no enacted kratom consumer protection act or whole-plant ban. MCA 50-32-203 provides that when a drug is designated a controlled substance under federal law and notice is given to the board, the board shall similarly control the drug after 30 days from Federal Register publication of a final order unless the board objects. Whether this reaches the federal temporary order depends on two readings: whether a temporary scheduling order under 21 U.S.C. 811(h) is a final order for this purpose, and whether control arises without the board adding the substance to its schedules by rule. No board rulemaking adding the substance was found. The dangerous drug analogue definition (MCA 50-32-101(7)) covers a substance structurally related to or chemically derived from a scheduled dangerous drug, or one represented to produce or that does produce a physiological effect similar to or greater than a Schedule I to V drug, and 50-32-222(11) places such analogues in Schedule I; the effect alternative does not need a scheduled kratom alkaloid, so it is a second interpretive route by comparison with a scheduled opioid. Status is restricted pending interpretation. Footnote 1 of the federal order notes that DEA has called temporary scheduling orders final orders in the past and that no substantive change is intended, which leans toward reach. Section 50-32-203 also provides that control under the chapter is stayed until the board's decision is published, which implies control can arise without separate board rulemaking. Federal Schedule I (temporary, DEA-1644) applies independently.

Controlling language, verbatim

If any drug is designated, rescheduled, or deleted as a “controlled substance” under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a “controlled substance” or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion.

Source of excerpt

Citations

1. MCA 50-32-203 (effect of rescheduling under federal law) (Montana Legislature, 2026-10-28) PRIMARYOFFICIAL
2. MCA 50-32-222 (Schedule I) (Montana Legislature, 2026-10-28)OFFICIAL
3. ARM 24.174.1412 (board compilation, unofficial, 09/30/2024) (Montana Board of Pharmacy, 2026-10-28)OFFICIAL
4. MCA 50-32-101(7) (dangerous drug analogue) (Montana Legislature, 2026-10-28)OFFICIAL
5. DEA temporary scheduling order, Docket DEA-1644, FR Doc. 2026-17429 (91 FR 54948) (Office of the Federal Register (govinfo), 2026-10-28)OFFICIAL

Where MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) stands across the country

Among Montana's 4 neighbors, Idaho, North Dakota, South Dakota and Wyoming are illegal, the same posture as Montana.

Open the interactive map · Every compound in Montana · Where MGM-16 is banned · Embed this map

Federal posture

Federally scheduled or prohibited. Federal Schedule I (DEA temporary order, drug code 9674), effective 2026-08-26 to 2028-08-26 Federal detail

Verbatim law on file for Montana

4 instruments on file for this compound’s framework in Montana; 5 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

(7)	(a) “Dangerous drug analogue” means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.

                (b)	The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.

(7) (a) “Dangerous drug analogue” means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.

(b) The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.

(11) Dangerous drug analogues. Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 
50-32-101
as a dangerous drug analogue.

50-32-203
. Effect of rescheduling under federal law.
 If any drug is designated, rescheduled, or deleted as a “controlled substance” under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a “controlled substance” or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall cause the reasons for objection to be published and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department shall publish the board's decision which shall be final unless altered thereafter by the board or by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the board, control under this chapter is stayed until the board's decision is published.

History:
 En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(4).

Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

Related

MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in neighboring states

• MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in Idaho Illegal
• MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in North Dakota Illegal
• MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in South Dakota Illegal
• MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in Wyoming Illegal

Closest to MGM-16 in Montana

• MGM-15 (dihydro-7-hydroxymitragynine) in Montana Illegal
• 7-OH (7-Hydroxymitragynine) in Montana Gray area
• Kratom (Whole Leaf / Mitragynine) in Montana Legal
• Mitragynine Pseudoindoxyl in Montana Illegal
• 9-OH (9-hydroxycorynantheidine) in Montana Gray area
• Speciociliatine in Montana Legal

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