Is MGM-16 Legal in New Jersey? (2026)

Instrument

Authority to control

Source

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/22066/22514?f=templates$fn=document-frame.htm$3.0

Retrieved

2026-10-29

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3.   Authority to control.  a. The director shall administer the provisions of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, as provided herein.  The director may add substances to or delete or reschedule all substances enumerated in the schedules in sections 5 through 8.1 of P.L.1970, c.226, as amended and supplemented (C.24:21-5 through 24:21-8.1).  In determining whether to control a substance, the director shall consider the following:
 
   (1)   Its actual or relative potential for abuse;
 
   (2)   Scientific evidence of its pharmacological effect, if known;
 
   (3)   State of current scientific knowledge regarding the substance;
 
   (4)   Its history and current pattern of abuse;
 
   (5)   The scope, duration, and significance of abuse;
 
   (6)   What, if any, risk there is to the public health;
 
   (7)   Its psychic or physiological dependence liability; and
 
   (8)   Whether the substance is an immediate precursor of a substance already controlled under this article.
 
   After considering the above factors, the director shall make findings with respect thereto and shall issue an order controlling the substance if he finds that the substance has a potential for abuse.
 
   b.   If the director designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
 
   c.   If any substance is designated, rescheduled or deleted as a controlled dangerous substance under federal law and notice thereof is given to the director, the director shall similarly control the substance under P.L.1970, c.226, as amended and supplemented, after the expiration of 30 days from publication in the Federal Register of a final order designating a substance as a controlled dangerous substance or rescheduling or deleting a substance, unless within that 30-day period, the director objects to inclusion, rescheduling, or deletion.  In that case, the director shall cause to be published in the New Jersey Register and made public the reasons for his objection and shall afford all interested parties an opportunity to be heard.  At the conclusion of any such hearing, the director shall publish and make public his decision, which shall be final unless the substance is specifically otherwise dealt with by an act of the Legislature.  Upon publication of objection to inclusion or rescheduling under P.L.1970, c.226 (C.24:21-1 et seq.) by the director, control of such substance under this section shall automatically be stayed until such time as the director makes public his final decision.
 
   The director may by regulation exclude any nonnarcotic substance from a schedule if such substance may, under the provisions of federal or State law, be lawfully sold over the counter without a prescription, unless otherwise controlled pursuant to rules and regulations promulgated by the division.
 
   d.   The director shall update and republish the schedules in sections 5 through 8.1 of P.L.1970, c.226, as amended and supplemented (C.24:21-5 through 24:21-8.1) periodically.
 
   L.1970, c.226, s.3; amended 2007, c.244, s.2.

Instrument

Director non-objection and temporary Schedule I inclusion

Source

https://www.njconsumeraffairs.gov/Documents/Alert-on-Kratom-Related-Substances.pdf

Retrieved

2026-11-01

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On August 26, 2026, the United States Drug Enforcement Administration (DEA) issued a temporary order that places three compounds related to kratom on Schedule I of the Federal Controlled Substances Act until August 26, 2028. The three compounds are mitragynine pseudoindoxyl, MGM-15, and MGM-16, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. See 91 F.R. 54948 (August 26, 2026).

Schedule I controlled dangerous substances are drugs that have a high potential for abuse and no accepted medical use in treatment in the United States, or they lack accepted safety for use in treatment under medical supervision. Schedule I drugs cannot be dispensed under a prescription, and possession or distribution of Schedule I controlled dangerous substances may lead to criminal penalties.

Pursuant to N.J.S.A. 24:21-3, if the Director of the Division of Consumer Affairs does not object to a Federal controlled dangerous substances scheduling order, then the substance is similarly scheduled in New Jersey. The Acting Director of the Division of Consumer Affairs (Director) hereby announces that he does not object to the August 26, 2026, temporary order. Accordingly, mitragynine pseudoindoxyl, MGM-15, and MGM-16 are now included on Schedule I of the New Jersey Controlled Substances Act until August 26, 2028, unless extended or made permanent by the Director, rescheduled or descheduled by the Director pursuant to N.J.S.A. 24:21-3.a, or modified by an act of the New Jersey Legislature.

Instrument

Schedule I

Source

https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/22066/22516?f=templates$fn=document-frame.htm$3.0

Retrieved

2026-10-29

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5. a. Tests. The director shall place a substance in Schedule I if he finds that the substance:  (1) has high potential for abuse; and (2) has no accepted medical use in treatment in the United States; or lacks accepted safety for use in treatment under medical supervision.
 
   b.   The controlled dangerous substances listed in this section are included in Schedule I, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any other schedule.

Instrument

Definitions (Comprehensive Drug Reform Act)

Source

https://pub.njleg.gov/Bills/2022/PL23/177_.PDF

Retrieved

2026-11-08

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“Controlled dangerous substance” means a drug, substance, or immediate precursor in
Schedules I through V, marijuana and hashish as defined in this section, any substance the
distribution of which is specifically prohibited in N.J.S.2C:35-3, in section 3 of P.L.1997,
c.194 (C.2C:35-5.2), in section 5 of P.L.1997, c.194 (C.2C:35-5.3), in section 2 of P.L.2011,
c.120 (C.2C:35-5.3a), or in section 2 of P.L.2013, c.35 (C.2C:35-5.3b), and any drug or
substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous
substance in the human body. When any statute refers to controlled dangerous substances, or
to a specific controlled dangerous substance, it shall also be deemed to refer to any drug or

P.L. 2023, CHAPTER 177
10
substance which, when ingested, is metabolized or otherwise becomes a controlled dangerous
substance or the specific controlled dangerous substance, and to any substance that is an
immediate precursor of a controlled dangerous substance or the specific controlled dangerous
substance. The term shall not include distilled spirits, wine, malt beverages, as those terms
are defined or used in R.S.33:1-1 et seq., tobacco and tobacco products, or cannabis and
cannabis as defined in section 3 of P.L.2021, c.16 (C.24:6I-33). The term, wherever it appears
in any law or administrative regulation of this State, shall include controlled substance analogs.

“Controlled substance analog” means a substance that has a chemical structure substantially
similar to that of a controlled dangerous substance and that was specifically designed to
produce an effect substantially similar to that of a controlled dangerous substance. The term
shall not include a substance manufactured or distributed in conformance with the provisions
of an approved new drug application or an exemption for investigational use within the
meaning of section 505 of the “Federal Food, Drug and Cosmetic Act,” 52 Stat. 1052 (21
U.S.C. s.355).