The ban that already happened
On August 26 the DEA placed three kratom-derived compounds - mitragynine pseudoindoxyl, MGM-15 and MGM-16 - into Schedule I. No phase-in, no grace period: the temporary order took effect the day it published and runs through August 26, 2028.
These are not what's in a bag of leaf. All three are laboratory products, and the DEA's rationale leans on the harm it attributes to them - 56 overdose cases tied to mitragynine pseudoindoxyl, 48 of them fatal, plus 17 cases and 16 deaths for MGM-15, as of May 2026. The agency also pointed to kratom-related poison center calls climbing from 258 in 2015 to 3,434 in 2025, north of 1,200%.
The ban that hasn't
The bigger action is still sitting in a drawer. On July 6 the DEA filed a notice of intent to temporarily schedule 7-hydroxymitragynine - 7-OH - above a specified threshold: more than 0.050% by weight, or more than 1.00 milligram per article. That one reaches botanical material too, if it tests above 0.050% on a dry weight basis.
DEA said an order could follow on or after August 5. It still hasn't issued. Meanwhile HHS ran a public comment window on the threshold itself and extended the deadline to September 10 - which closed two days ago. Those comments go to the Attorney General for consideration.
Why the threshold matters: by the DEA's own account, 7-OH occurs in natural leaf only in trace amounts, under two percent of total alkaloid content. The line is drawn to catch concentrates, extracts and "enhanced" tablets - not a scoop of plain leaf.
What this looks like in South Carolina
South Carolina already has a kratom law on the books. The Kratom Consumer Protection Act, Act 35, was signed May 12, 2025 and took effect that July: 21-and-over only, and every product must carry a label stating how much mitragynine and 7-hydroxymitragynine it contains.
Which turns out to be quietly useful right now. The number the federal rule would key on is printed on the package. Read it.
Sources
- DEA, Temporary Placement of Mitragynine Pseudoindoxyl, MGM-15, and MGM-16 in Schedule I, 91 FR 54948 (Aug. 26, 2026)
- DEA, Notice of Intent: Temporary Placement of 7-Hydroxymitragynine Above a Specified Threshold in Schedule I (July 6, 2026)
- HHS, Extension of Comment Period, comments due Sept. 10, 2026 (Aug. 26, 2026)
- S.C. Kratom Consumer Protection Act, S.221 / Act No. 35 (signed May 12, 2025)
Educational content, not legal advice. Laws change - verify with official sources.
