[Federal Register Volume 91, Number 127 (Monday, July 6, 2026)]
[Proposed Rules]
[Pages 40909-40916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13581]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration

21 CFR Part 1308

[Docket No. DEA-1644]


Schedules of Controlled Substances: Temporary Placement of 
Mitragynine Pseudoindoxyl, MGM-15, and MGM-16 in Schedule I

AGENCY: Drug Enforcement Administration, Department of Justice.

ACTION: Proposed amendment; notice of intent.

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SUMMARY: The Administrator of the Drug Enforcement Administration is 
issuing this notice of intent to publish a 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. When it is issued, the 
temporary scheduling order will impose 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: July 6, 2026.

ADDRESSES: 8701 Morrissette Drive, Springfield, Virginia 22152.

FOR FURTHER INFORMATION CONTACT: Terrence L. Boos, Drug and Chemical 
Evaluation Section, Diversion Control Division, Drug Enforcement 
Administration; Mailing Address: 8701 Morrissette Drive, Springfield, 
Virginia 22152; Telephone: (571) 362-3249.

SUPPLEMENTARY INFORMATION: The notice of intent contained in this 
document is issued pursuant to the temporary scheduling provisions of 
21 U.S.C. 811(h). The Drug Enforcement Administration (DEA) intends to 
issue a temporary scheduling order \1\ (in the form of a temporary 
amendment) to add three 7-hydroxymitragynine-related substances, 
including their isomers, esters, ethers, salts, and salts of isomers,

[[Page 40910]]

esters, and ethers, whenever the existence of such isomers, esters, 
ethers, and salts is possible, to schedule I under the Controlled 
Substances Act (CSA):
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    \1\ Though DEA has used the term ``final order'' with respect to 
temporary scheduling orders in the past, this notice of intent 
adheres to the statutory language of 21 U.S.C. 811(h), which refers 
to a ``temporary scheduling order.'' No substantive change is 
intended.
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     Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo-
3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-indolizine]-7'-
yl)-3-methoxyacrylate (commonly known as mitragynine pseudoindoxyl),
     Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-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 dihydro-7-hydroxymitragynine, 
or MGM-15),
     Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a-
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 9-fluoro-
dihydro-7-hydroxymitragynine, or MGM-16).
    The temporary scheduling order will be published in the Federal 
Register on or after August 5, 2026.

Legal Authority

    The CSA provides the Attorney General with the authority to 
temporarily place a substance in schedule I of the CSA for two years 
without regard to the requirements of 21 U.S.C. 811(b), if he finds 
that such action is necessary to avoid an imminent hazard to public 
safety.\2\ In addition, if proceedings to control a substance are 
initiated under 21 U.S.C. 811(a)(1) while the substance is temporarily 
controlled under section 811(h), the Attorney General may extend the 
temporary scheduling for up to one year.\3\
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    \2\ 21 U.S.C. 811(h)(1).
    \3\ 21 U.S.C. 811(h)(2).
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    Where the necessary findings are made, a substance may be 
temporarily scheduled if it is not listed in any other schedule under 
21 U.S.C. 812, or if there is no exemption or approval in effect for 
the substance under section 505 of the Federal Food, Drug, and Cosmetic 
Act, 21 U.S.C. 355.\4\ The Attorney General has delegated scheduling 
authority under 21 U.S.C. 811 to the Administrator of DEA 
(Administrator).\5\
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    \4\ 21 U.S.C. 811(h)(1); 21 CFR part 1308.
    \5\ 28 CFR 0.100.
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Background

    The CSA requires the Administrator to notify the Secretary of the 
Department of Health and Human Services (HHS) of this intent to issue a 
temporary scheduling order.\6\ By letter dated December 15, 2025, the 
Administrator transmitted the required notice to place mitragynine 
pseudoindoxyl, MGM-15, and MGM-16 in schedule I on a temporary basis to 
the Assistant Secretary for Health of HHS (Assistant Secretary).\7\ By 
letter dated January 20, 2026, the Assistant Secretary responded to 
this notice and advised that based on a review by the Food and Drug 
Administration (FDA), there were currently no investigational new drug 
applications (IND) or approved new drug applications (NDA) for 
mitragynine pseudoindoxyl, MGM-15, and MGM-16. The Assistant Secretary 
also stated that HHS had no objection to the temporary placement of 
these substances in schedule I of the CSA. Mitragynine pseudoindoxyl, 
MGM-15, and MGM-16 are not currently listed in any schedule under the 
CSA.
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    \6\ 21 U.S.C. 811(h)(4).
    \7\ The Secretary of HHS has delegated to the Assistant 
Secretary for Health of HHS the authority to make domestic drug 
scheduling recommendations. Comprehensive Drug Abuse Prevention and 
Control Act of 1970, Public Law 91-513, As Amended; Delegation of 
Authority, 58 FR 35460 (July 1, 1993).
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    To find that placing a substance temporarily in schedule I of the 
CSA is necessary to avoid an imminent hazard to public safety, the 
Administrator must consider three of the eight factors set forth in 21 
U.S.C. 811(c): the substance's history and current pattern of abuse; 
the scope, duration and significance of abuse; and what, if any, risk 
there is to public health.\8\ This consideration includes any 
information indicating actual abuse, diversion from legitimate 
channels, and clandestine importation, manufacture, or distribution of 
mitragynine pseudoindoxyl, MGM-15, and MGM-16.\9\
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    \8\ 21 U.S.C. 811(c)(4)-(6), (h)(3).
    \9\ 21 U.S.C. 811(h)(3).
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    Substances meeting the statutory requirements for temporary 
scheduling may only be placed in schedule I.\10\ Substances in schedule 
I have high potential for abuse, no currently accepted medical use in 
treatment in the United States,\11\ and a lack of accepted safety for 
use under medical supervision.\12\
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    \10\ 21 U.S.C. 811(h)(1).
    \11\ When finding schedule I placement on a temporary basis is 
necessary to avoid imminent hazard to the public, 21 U.S.C 811(h) 
does not require DEA to consider whether the substance has a 
currently accepted medical use in treatment in the United States. 
Nonetheless, there is no evidence suggesting that mitragynine 
pseudoindoxyl, MGM-15, and MGM-16 have a currently accepted medical 
use in treatment in the United States. First, DEA looks to whether 
the drug or substance has FDA approval. When no FDA approval exists, 
DEA has traditionally applied a five-part test to determine whether 
a drug or substances has a currently accepted medical use: (1) the 
drug's chemistry must be known and reproducible; (2) there must be 
adequate safety studies; (3) there must be adequate and well-
controlled studies proving efficacy; (4) the drug must be accepted 
by qualified experts; and (5) the scientific evidence must be widely 
available. Marijuana Scheduling Petition; Denial of Petition; 
Remand, 57 FR 10499 (Mar. 26, 1992), pet. for rev. denied, Alliance 
for Cannabis Therapeutics v. Drug Enforcement Admin., 15 F.3d 1131, 
1135 (D.C. Cir. 1994). DEA applied the traditional five-part test 
and concluded the test was not satisfied. In a recent published 
letter in a different context, HHS applied an additional two-part 
test to determine currently accepted medical use for substances that 
do not satisfy the five-part test: (1) whether there exists 
widespread, current experience with medical use of the substance by 
licensed health care providers operating in accordance with 
implemented jurisdiction-authorized programs, where medical use is 
recognized by entities that regulate the practice of medicine, and, 
if so, (2) whether there exists some credible scientific support for 
at least one of the medical conditions for which part (1) is 
satisfied. On April 11, 2024, the Department of Justice's Office of 
Legal Counsel (OLC) issued an opinion, which, among other things, 
concluded that HHS's two-part test would be sufficient to establish 
that a drug has a currently accepted medical use. Office of Legal 
Counsel, Memorandum for Merrick B. Garland Attorney General Re: 
Questions Related to the Potential Rescheduling of Marijuana at 3 
(April 11, 2024). For purposes of this notice of intent, there is no 
evidence that health care providers have widespread experience with 
medical use of mitragynine pseudoindoxyl, MGM-15, and MGM-16, or 
that the use of these substances is recognized by entities that 
regulate the practice of medicine, so the two-part test also is not 
satisfied. In HHS' letter dated January 20, 2026, HHS advised DEA 
that there were currently no approved new drug applications or 
investigational new drug applications for mitragynine pseudoindoxyl, 
MGM-15, and MGM-16. Additionally, HHS noted it had no objections to 
the temporary placement of these substances in schedule I of the 
CSA.
    \12\ 21 U.S.C. 812(b)(1).
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Three 7-Hydroxymitragynine-Related Substances: Mitragynine 
Pseudoindoxyl, MGM-15, and MGM-16

    The prevalence and misuse of Mitragyna speciosa (commonly known as 
kratom) and its psychoactive alkaloids, including mitragynine and 7-
hydroxymitragynine, have led to the proliferation of commercial 
products containing opioids chemically synthesized from mitragynine or 
7-hydroxymitragynine. In recent years, mitragynine pseudoindoxyl, which 
is a chemical rearrangement product of 7-hydroxymitragynine, and MGM-
15, which is a derivative of 7-hydroxymitragynine, have recently 
emerged on the Mitragyna speciosa consumer markets. MGM-16 is a highly 
potent opioid and shares a similar pharmacological profile with 
mitragynine pseudoindoxyl and MGM-15. The chemical scaffolds of 
mitragynine or 7-hydroxymitragynine were used in scientific research to 
develop mitragynine pseudoindoxyl, MGM-15, or MGM-16 via chemical 
modifications of purified isolates. Evidence from the Mitragyna 
speciosa

[[Page 40911]]

retail markets demonstrates that mitragynine pseudoindoxyl and MGM-15 
have transitioned from experimental substances studied in research to 
widely available commercial products. These products are commonly sold 
in different forms such as powders, tablets, and liquid shots. This is 
a significant evolution from the traditional administration of 
Mitragyna speciosa, which was once restricted to either chewing raw 
leaves or steeping the leaves into water decoctions and teas.
    These products are sold under numerous brand names like Kama, 
Hydroxie, Fruity Perks, and Happie Tabs,\13\ and they are easily 
purchased on the internet, as well as in gas stations, corner shops, 
and vape shops. These products are available in consumer-friendly forms 
to include flavored chewable tablets, which increases their appeal to a 
broader demographic. Also, the aggressive marketing of these semi-
synthetic opioids (mitragynine pseudoindoxyl, MGM-15) as ``precision-
formulated products,'' ``botanical extracts,'' or as ``mood boosters'' 
for the treatment of health conditions is deeply concerning. The 
branding creates a false sense of safety for unknowing consumers who 
may equate the term ``botanical'' with lower risk. Furthermore, there 
is paucity of data on quality control or standardized dosage available 
for these products, making their use especially dangerous.
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    \13\ The list of brand names is illustrative, non-exhaustive, 
and provided solely as market context.
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    Mitragynine pseudoindoxyl, MGM-15, and MGM-16 are potent opioids 
that share a similar pharmacological profile with 7-hydroxymitragynine. 
Available pharmacology data demonstrate that mitragynine pseudoindoxyl, 
MGM-15, and MGM-16 exhibit strong affinity for the mu-opioid receptor 
(MOR) and function as MOR agonists.14 15 Data from 
preclinical studies show that these substances produce analgesic 
effects that is more potent than morphine.\16\ oBecause mitragynine 
pseudoindoxyl, MGM-15, and MGM-16 are potent MOR agonists, they pose 
similar health risks as other mu-opioid agonists (i.e., morphine and 
fentanyl), including physical and psychological dependence, and 
respiratory depression.
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    \14\ Matsumoto, K., Narita, M., Muramatsu, N., Nakayama, T., 
Misawa, K., Kitajima, M., Tashima, K., Devi, L.A., Suzuki, T., 
Takayama, H., & Horie, S. (2014). Orally active opioid [mu]/[delta] 
dual agonist MGM-16, a derivative of the indole alkaloid 
mitragynine, exhibits potent antiallodynic effect on neuropathic 
pain in mice. The Journal of Pharmacology and Experimental 
Therapeutics, 348(3):383-392.
    \15\ Yamamoto, L.T., Horie, S., Takayama, H., Aimi, N., Sakai, 
S., Yano, S., Shan, J., Pang, P.K., Ponglux, D., & Watanabe, K. 
(1999). Opioid receptor agonistic characteristics of mitragynine 
pseudoindoxyl in comparison with mitragynine derived from Thai 
medicinal plant Mitragyna speciosa. General Pharmacology, 33(1):73-
81.
    \16\ V[aacute]radi, A., Marrone, G.F., Palmer, T.C., Narayan, 
A., Szab[oacute], M.R., Le Rouzic, V., Grinnell, S.G., Subrath, 
J.J., Warner, E., Kalra, S., Hunkele, A., Pagirsky, J., Eans, S.O., 
Medina, J.M., Xu, J., Pan, Y.X., Borics, A., Pasternak, G.W., 
McLaughlin, J.P., & Majumdar, S. (2016). Mitragynine/Corynantheidine 
Pseudoindoxyls As Opioid Analgesics with Mu Agonism and Delta 
Antagonism, Which Do Not Recruit [beta]-Arrestin-2. Journal of 
Medicinal Chemistry, 59(18):8381-8397.
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    A scan of retail data on the internet shows that vendors explicitly 
market mitragynine pseudoindoxyl and MGM-15 for their ``clean and 
powerful'' opioid-receptor activation, utilizing deceptive terminology 
to target individuals seeking alternatives to pharmaceutical opioids. 
These combinations and marketing strategies pose significant safety 
risks to unsuspecting consumers who use these products by exposing them 
to high doses of opioids. Recently, reports have confirmed the positive 
identification of mitragynine pseudoindoxyl and MGM-15 in toxicology 
cases in the United States, and evidence demonstrates that these 
substances are being misused. The lack of clinical data regarding their 
safety and efficacy, coupled with the risk of life-threatening 
respiratory depression and addiction, underscores the danger of 
marketing these unapproved, highly potent opioids under the guise of 
therapeutic or wellness products.
    While no evidence supports the presence of MGM-16 on the Mitragyna 
speciosa consumer market, its profile as a highly potent opioid that is 
structurally related to 7-hydroxymitragynine lends itself as an 
attractive substitute that could emerge on the illicit drug market. 
MGM-16 is synthetically manufactured for research purposes and is not 
approved for any clinical indication in the United States. DEA's 
investigation of publicly available information, including popular 
online platform, revealed that at least some individuals intend to 
abuse MGM-16. Recent online surveillance of a vendor site \17\ lists 
MGM-16 for upcoming sale. The sale of products containing mitragynine 
pseudoindoxyl, and MGM-15, and the potential sale of MGM-16 poses an 
imminent hazard to public safety.
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    \17\ MGM Series Guide: Science of MGM-15 Alkaloids [verbar] 
Getwell Depot. https://getwelldepot.com/mgm/. Accessed April 9, 
2026. (Web content subsequently modified or removed; hardcopy 
preserved in DEA administrative record).
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    Available data and information for mitragynine pseudoindoxyl, MGM-
15, and MGM-16, summarized below, indicate that these substances have a 
high potential for abuse, no currently accepted medical use in 
treatment in the United States, and a lack of accepted safety for use 
under medical supervision. DEA's three-factor analysis is available in 
its entirety under ``Supporting and Related Material'' of the public 
docket for this action at www.regulations.gov under Docket Number DEA-
1644.

Factor 4. History and Current Pattern of Abuse

    Mitragynine pseudoindoxyl, MGM-15, and MGM-16 are synthetic 
derivatives of the indole alkaloids, mitragynine or 7-
hydroxymitragynine, of the Mitragyna speciosa plant. Unlike the indole 
alkaloids mitragynine and 7-hydroxymitragynine, which are naturally 
occurring in the plant, mitragynine pseudoindoxyl, MGM-15, and MGM-16 
are produced through synthetic modifications of purified mitragynine 
isolates or 7-hydroxymitragynine.\18\ The chemical scaffolds of 
mitragynine or 7-hydroxymitragynine were used in scientific research to 
develop novel mitragynine pseudoindoxyl, MGM-15, and MGM-16. The first 
mention of mitragynine pseudoindoxyl in scientific literature dates to 
1974 when mitragynine pseudoindoxyl was isolated as a metabolite from 
bio transformed mitragynine. In 2014, as part of a drug discovery 
research, MGM-15 and MGM-16 were developed as potent opioid agonists, 
with potential therapeutic utility for pain.\19\
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    \18\ Id, 13;14; Takayama, H., Ishikawa, H., Kurihara, M., 
Kitajima, M., Aimi, N., Ponglux, D., Koyama, F., Matsumoto, K., 
Moriyama, T., Yamamoto, L.T., Watanabe, K., Murayama, T., & Horie, 
S. (2002). Studies on the synthesis and opioid agonistic activities 
of mitragynine-related indole alkaloids: discovery of opioid 
agonists structurally different from other opioid ligands. Journal 
of Medicinal Chemistry, 45(9):1949-1956.
    \19\ Id, 13.
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Market Emergence and Designer-Drug Patterns

    The first confirmed appearance of mitragynine pseudoindoxyl in 
consumer products was reported in 2024.\20\ The emergence of MGM-15 in 
commercially available products was in

[[Page 40912]]

September 2025.\21\ The introduction of these substances into the 
Mitragyna speciosa consumer market follows a classic pattern of new 
designer drugs, where packaging appears like those of designer novel 
psychoactive substances and are often advertised as ``sold strictly for 
laboratory, botanical, and research purposes only'' and ``not intended 
for human consumption.'' \22\ A study on products sold online 
containing mitragynine pseudoindoxyl showed that of the 51 total 
products sold online, 35 had an appealing flavor (e.g., various berry, 
mint, watermelon, pink lemonade, candy apple, grape, citrus, mango, 
pistachio, and vanilla bean), and 32 of the products had packaging that 
was formulated using bright colors. Seventy-six percent (39 of 51) of 
these products were chewable tablets, 18 percent were liquids (9 of 
51), and the remaining three were either dried ice cream cones with ice 
cream (two products) or a chocolate bar (one product).\23\ Many of the 
products typically feature serving sizes that require consumers to 
split tablets or doses.
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    \20\ Hill, K., Boyer, E.W., Grundmann, O., & Smith, K.E. (2025). 
De facto opioids: Characterization of novel 7-hydroxymitragynine and 
mitragynine pseudoindoxyl product marketing. Drug and Alcohol 
Dependence, 272: 112701; Krotulski, A.J.; Denn, M.T., Brower, J.O., 
Papsun, D.M., & Logan, B.K. (2025). Evaluation of Commercially 
Available Smoke Shop Products Marketed as ``7-Hydroxy Mitragynine'' 
& Related Alkaloids, Center for Forensic Science Research and 
Education, United States; Vadiei, N., Evoy, K.E., & Grundmann, O. 
(2025). The Impact of Diverse Kratom Products on Use Patterns, 
Dependence, and Toxicity. Current Psychiatry Reports, 27(10):584-
592.
    \21\ Gour, A., Mukhopadhyay, S., Henderson, A., Awad, A., 
Seabra, M.A., Pullman, M., Leon, F., Cutler, J.C., McCurdy, C.R., & 
Sharma A. (2025). From Kratom to Semi-Synthetic Opioids: The Rise 
and Risks of MGM-15. Drug Testing and Analysis, 17(12):2384-2389.
    \22\ Id, 24.
    \23\ White, C.M., Belcourt, J., & Sedensky, A. (2025). A 
Descriptive Assessment of Products Containing the Opioid Receptor 
Stimulator Mitragynine Pseudoindoxyl. Substance Use & Misuse, 
60(12):1950-1954.
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Current Patterns of Use

    Users seek these 7-hydroxymitragynine-related products for their 
psychoactive effects and products are often advertised as mood 
enhancers or alternative to prescription opioid analgesics (see Factor 
5). These products are commonly sold in different product forms, such 
as powders, tablets, or liquid shots, which is a sharp contrast from 
the traditional mode of administration of Mitragyna speciosa, which was 
confined to either water decoctions or brewed into tea or chewing of 
fresh leaves. A review of vendor websites \24\ show that these products 
are explicitly marketed as ``potent'' and ``fast-acting'' substances 
and sold at low prices. For example, mitragynine pseudoindoxyl and MGM-
15 tablets are sold in varying fruit flavors and in bright colors, and 
prices vary from about $2-4 per tablet or $34.99 per pack (single pack 
and 10-pack bulk). Of great concern to DEA is that the price of these 
products may facilitate high-frequency and rapid escalation of use (see 
Table 1). Further, open-source signal detection demonstrates that users 
are seeking MGM-16 with the intent to abuse.\25\
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    \24\ Market Audit of Online Retailers, Jan. 2026.
    \25\ Can anyone help with the MGM 16 rumors?r/KratomKorner. 
https://www.reddit.com/r/KratomKorner/comments/1kpz2u3/can_anyone_help_with_the_mgm_16_rumors/?rdt=48097. Accessed April 9, 
2026.

                  Table 1--Retail Distribution of Mitragynine Pseudoindoxyl and MGM-15 Products
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               Brand                      Product form        Stated concentration       Marketing narrative
----------------------------------------------------------------------------------------------------------------
Overseas Organix...................  Extract Tablets.......  15 mg MGM-15..........  ``Ultra-potent . . . . . .
                                                                                      for experienced users who
                                                                                      want strong, consistent
                                                                                      effects with small serving
                                                                                      sizes. available. 4-6-hour
                                                                                      duration.''
Majestic White.....................  Sublingual Tablet.....  3.5 mg MGM-15 (+50 mg   ``Next generation kratom
                                                              MIT).                   formulation. . . Its
                                                                                      sublingual design allows
                                                                                      for fast absorption and
                                                                                      precise serving control.''
MGM-15 Tablets--Berries............  Chewable Tablets        30 mg MGM-15..........  ``This single, pocket-ready
                                      (Berries).                                      tablet delivers consistent
                                                                                      strength without the
                                                                                      guesswork. Each tablet
                                                                                      offering a fast-acting,
                                                                                      predictable experience you
                                                                                      can count on. To dissolve
                                                                                      smoothly for quick
                                                                                      onset.''
Kama Pseudoindoxyl.................  Extract tablet........  500 mg Kama 7-Hydroxy   ``Stop settling for weak
                                                              + Pseudo extracts.      kratom products. . . .
                                                                                      Enjoy great flavor and
                                                                                      precise dosing without the
                                                                                      guesswork.''
Kream..............................  Liquid Shot...........  90 mg 7-Hydroxy +       ``Tired of slow supplements
                                                              Pseudo.                 that give you a crash?
                                                                                      delivering fast-acting
                                                                                      effects and calm mental
                                                                                      clarity in a discreet
                                                                                      little bottle. This clean,
                                                                                      lab-tested liquid shot
                                                                                      features 7-hydroxy and
                                                                                      pseudo in a citrus formula
                                                                                      for consistent potency,
                                                                                      making it easy to find
                                                                                      focus and wellness without
                                                                                      waiting long.''
----------------------------------------------------------------------------------------------------------------

    The shift from natural leaf decoctions of Mitragyna speciosa to 
flavored, standardized, and high-potency semi-synthetic substances 
suggests an intentional market strategy to maximize consumer appeal and 
sale of products with rapid onset of effects. The use of ``research 
chemical'' labeling, a common tactic to bypass regulatory oversight, 
for flavored chewable products further demonstrates a pattern to reach 
a broader consumer demographics.

Factor 5. Scope, Duration, and Significance of Abuse

    The abuse of mitragynine pseudoindoxyl and MGM-15 is concerning due 
to their high opioid potency and commercial availability. Mitragynine 
pseudoindoxyl and MGM-15 products are sold in formulations that 
facilitate ease of use, bypass the traditional, lower-alkaloid 
preparation (chewing leaves or drinking tea) and provide a highly 
potent effect that mimics classical opioids such as morphine.

Deceptive Branding and Market Infiltration

    Analysis of marketed mitragynine pseudoindoxyl products revealed 
misleading marketing strategies with claims that the products are 
``kratom.'' Available information on vendor website indicates that the 
concentrated alkaloid products often contain more than one alkaloid 
with opioid activity (e.g., mitragynine and MGM-15 or 7-
hydroxymitragynine and mitragynine pseudoindoxyl). These substance 
combinations and marketing practices pose significant safety risk to 
unsuspecting consumers by exposing them to high doses of opioids (see 
Table 1). It is known that repeated use of opioids can lead to 
psychological and physical dependence. In fact, data show that chronic 
use of 7-hydroxymitragynine has sent users to opioid detox clinic and 
the need for opioid use disorder medication.\26\ Furthermore, these 
products are labeled for ``strong mood enhancement'' and ``analgesic 
properties.'' Finally, the presence of these products containing 
mitragynine pseudoindoxyl and MGM-

[[Page 40913]]

15 is deeply concerning because the identity, purity, and quality of 
these products' formulation are uncertain, thus presenting additional 
safety concerns for unsuspecting users. The potential presence of MGM-
16 in designer drug products would have similar concerns.
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    \26\ Wightman, R.S., & Hu, D. (2025). A Case of 7-OH Mitragynine 
Use Requiring Inpatient Medically Managed Withdrawal. Journal of 
Addiction Medicine, 10.1097/ADM.0000000000001558. Advance online 
publication.
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    A study of products sold as mitragynine pseudoindoxyl over the 
internet found that the 51 unique products sold online as mitragynine 
pseudoindoxyl were marketed in child-appealing forms and contained 
other opioid alkaloids, with limited consumer safety information. The 
serving size varied and alkaloid concentrations for these marketed 
products were often higher than those in naturally occurring Mitragyna 
speciosa leaves. The analysis revealed that among the products sampled, 
71 percent featured a combination of mitragynine pseudoindoxyl and 7-
hydroxymitragynine, while 24 percent contained mitragynine 
pseudoindoxyl only. The remaining 6 percent contained combination of 
mitragynine pseudoindoxyl and other hydroxymitragynine forms (8-
hydroxymitragynine or 11-hydroxymitragynine).\27\
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    \27\ Wilson, L.L., Chakraborty, S., Eans, S.O., Cirino, T.J., 
Stacy, H.M., Simons, C.A., Uprety, R., Majumdar, S., & McLaughlin, 
J.P. (2021). Kratom Alkaloids, Natural and Semi-Synthetic, Show Less 
Physical Dependence and Ameliorate Opioid Withdrawal. Cell Mol 
Neurobiol., 41(5):1131-1143. doi: 10.1007/s10571-020-01034-7.
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National E-Commerce

    Data from online sources show that the availability of mitragynine 
pseudoindoxyl and MGM-15 are not isolated to a single region but have 
rapidly spread across the United States. Products containing 
mitragynine pseudoindoxyl and MGM-15 are sold on the internet and are 
delivered to most states where there are currently no kratom use 
restrictions, suggesting national distribution network facilitated by 
online sales and mass-market retail channels. The significance of the 
abuse of mitragynine pseudoindoxyl and MGM-15 is underscored by the 
potent opioid pharmacological profile of these substances and the 
specific health warnings acknowledged even by those who are marketing 
the substances. Vendor descriptions listed below provide insight into 
the duration and pattern of use that characterizes the abuse of these 
compounds:
     Sustained Effect: The duration of effects is reported to last 
``several hours.'' \28\ This prolonged duration increases the 
likelihood of cumulative effects and potential for toxicity if doses 
are repeated.
---------------------------------------------------------------------------

    \28\ See Pseudoindoxyl Chewable Tablets--Red Vein--Advanced 
Alkaloids Descriptions, https://cbdamericanshaman.com/pseudoindoxyl-chewable-tablets-red-vein-advanced-alkaloids. Accessed January 2026.
---------------------------------------------------------------------------

     Deceptive Marketing for Medical Conditions: Despite having no FDA-
approved medical use, these products are explicitly marketed for 
``easing stress and tension,'' ``internal calm and reduced 
restlessness,'' and as a ``mental clarity.'' \29\ This marketing 
encourages individuals with legitimate medical needs to utilize potent, 
unlawful opioids as self-treatment.
---------------------------------------------------------------------------

    \29\ See Dozo Perks Extremely Potent Pseudoindoxyl Chewable 
Tablet Grape 100mg Per Tablet, https://pureleafkratom.com/products/dozo-perks-100mg-pseudoindoxyl-grape-chewable-tablets-4ct.html. 
Accessed January 2026.
---------------------------------------------------------------------------

     Deceptive ``Natural'' Branding: Vendors frequently frame these 
substances as ``clean and powerful'' alternatives to traditional 
kratom. This branding is used to minimize the perceived risk of what 
are highly potent semi-synthetic opioid agonists.
     Deceptive Safety Profiles: While products are marketed as a 
``midday stress relief'' or ``mental reset,'' the inclusion of warnings 
for lethal respiratory depression on retail sites confirms that the 
products possess a toxicity profile identical to scheduled opioids.
     Low Barrier to Entry: The use of ``fruity'' flavors and 
``chewable'' formats (e.g., Fruity Perks) suggests an effort to appeal 
to a broader, potentially younger demographic, significantly increasing 
the scope of potential abuse.

Forensic Surveillance and Identification

    According to the National Forensic Laboratory Information System 
(NFLIS) \30\ database, which collects drug identification results from 
drug cases submitted to and analyzed by Federal State and local 
forensic laboratories, there has been one report of mitragynine 
pseudoindoxyl in New York (queried February 26, 2026). Further, recent 
monographs \31\ by Center for Forensic Science Research and Education 
(CFSRE), report that mitragynine pseudoindoxyl (n > 10) and MGM-15 (n = 
2) have been detected in at least 12 drug materials. MGM-15 was 
detected as a tan solid drug that originated from New England, and 
those involving mitragynine pseudoindoxyl (pills and tablets) initially 
originated from Pennsylvania and Illinois.
---------------------------------------------------------------------------

    \30\ NFLIS represents an important resource in monitoring 
illicit drug trafficking, including the diversion of legally 
manufactured pharmaceuticals into illegal markets. NFLIS-Drug is a 
comprehensive information system that includes data from forensic 
laboratories that handle the nation's drug analysis cases. NFLIS-
Drug participation rate, defined as the percentage of the national 
drug caseload represented by laboratories that have joined NFLIS, is 
currently 98.5 percent. NFLIS includes drug chemistry results from 
completed analyses only. While NFLIS data is not direct evidence of 
abuse, it can lead to an inference that a drug has been diverted and 
abused. See Schedules of Controlled Substances: Placement of 
Carisoprodol Into Schedule IV, 76 FR 77330, 77332 (Dec. 12, 2011). 
NFLIS data was queried on December 5, 2025.
    \31\ https://www.cfsre.org/nps-discovery/monographs/mitragynine-pseudoindoxyl. Report Date--November 7, 2025. Accessed January 9, 
2026; https://www.cfsre.org/nps-discovery/monographs/dihydro-7-hydroxy-mitragynine. Report Date--November 11, 2025. Accessed 
January 9, 2026.
---------------------------------------------------------------------------

    The paucity or lack of seizure data for some of these 7-
hydroxymitragynine-related substances as reported in forensic 
laboratories casework may be due to lack of readily available 
analytical reference standards and other analytic challenges. Because 
these are new substances, it often takes time for forensic laboratories 
to develop and validate the necessary testing methods required for 
substance identification. Specifically, mitragynine pseudoindoxyl is an 
oxidative metabolite of 7-hydroxymitragynine, and such closely related 
compounds require specific method and instrumentation for accurate 
identification. Also, since these 7-hydroxymitragynine-related 
substances are not federally controlled under the CSA, some forensic 
laboratories may not analyze and track encounters of non-controlled 
substances and thus reporting could be limited.
    The population likely to abuse mitragynine pseudoindoxyl, MGM-15, 
and MGM-16 appear to be the same as those abusing Mitragyna speciosa 
and prescription opioid analgesics. According to data from the National 
Survey on Drug Use and Health (NSDUH),\32\ as of 2021, an estimated 1.7 
million people aged 12 years or older used kratom in the past year. The 
highest users were among adults aged 26 or older (1.4 million people). 
The analysis of 2019 NSDUH survey data showed that kratom users base 
predominately non-Hispanic White and

[[Page 40914]]

male. The survey finding also revealed a link between kratom use and 
substance use disorder, particularly nonmedical prescription opioid use 
disorder, indicative of a strong trend of use for self-managing opioid 
dependence.\33\
---------------------------------------------------------------------------

    \32\ The NSDUH, formerly known as the National Household Survey 
on Drug Abuse (NHSDA), is conducted annually by the Department of 
Health and Human Services Substance Abuse and Mental Health Services 
Administration (SAMHSA). It is the primary source of estimates of 
the prevalence and incidence of nonmedical use of pharmaceutical 
drugs, illicit drugs, alcohol, and tobacco use in the United States. 
The survey is based on a nationally representative sample of the 
civilian, non-institutionalized population 12 years of age and 
older. The survey excludes homeless people who do not use shelters, 
active military personnel, and residents of institutional group 
quarters such as jails and hospitals. The NSDUH provides yearly 
national and state level estimates of drug abuse, and includes 
prevalence estimates by lifetime (i.e., ever used), past year, and 
past month abuse or dependence.
    \33\ Palamar, J.J. (2021). Past-Year Kratom Use in the U.S.: 
Estimates From a Nationally Representative Sample. Am J Prev Med., 
61(2):240-245: Rogers, J.M., Smith, K.E., Strickland, J.C., & 
Epstein, D. H. (2021). Kratom Use in the US: Both a Regional 
Phenomenon and a White Middle-Class Phenomenon? Evidence From NSDUH 
2019 and an Online Convenience Sample. Frontiers in Pharmacology, 
12:789075.
---------------------------------------------------------------------------

Factor 6. What, If Any, Risk There Is to Public Health

    Mitragynine pseudoindoxyl, MGM-15, and MGM-16 function as potent 
MOR agonist. This mechanism of action is inherently associated with 
high potential of abuse, physical dependence, and psychological 
dependence, consistent with the effects of controlled schedule I and II 
opioid substances. As of early 2026, mitragynine pseudoindoxyl and MGM-
15 products are sold in smoke shops, gas stations, and through numerous 
online marketplaces, often marketed alongside traditional supplements, 
which mask their potent opioid nature. Data from preclinical studies 
demonstrate that mitragynine pseudoindoxyl is about 100 times more 
potent than mitragynine at the MOR, MGM-15 and MGM-16 are about 50 and 
240 times more potent than morphine in animal models, respectively.\34\ 
Because of the potency of these compounds, they can be abused in 
smaller, concentrated doses. It has been demonstrated that mitragynine 
pseudoindoxyl may cause development of signs of opioid physical 
dependence after chronic use in rodents. Pre-clinical studies 
demonstrated that chronic twice-daily administration of mitragynine 
pseudoindoxyl in rodents induces signs of opioid physical dependence 
and withdrawal symptoms in morphine addiction rodent models as 
evidenced by increased diarrhea, jumping, and rearing frequency 
occurring when naloxone was administered or when treatment with this 
alkaloid was tapered.\35\
---------------------------------------------------------------------------

    \34\ Id 13-14.
    \35\ Wilson, L.L., Chakraborty, S., Eans, S.O, Cirino, T.J., 
Stacy, H.M., & Simons, C.A., Uprety, R., Majumdar, S., & McLaughlin, 
J.P. (2021). Kratom Alkaloids, Natural and Semi-Synthetic, Show Less 
Physical Dependence and Ameliorate Opioid Withdrawal. Cell Mol 
Neurobiol., 41(5):1131-1143.
---------------------------------------------------------------------------

    These products are easily accessible in unregulated retail 
environments often with no age restrictions, amplifying public health 
concerns, particularly to vulnerable populations. Vendor descriptions 
provide insight into the public health threat posed by the abuse of 
these compounds:
     Rapid Onset: Marketing materials for mitragynine pseudoindoxyl 
products emphasize a ``quick onset,'' typically occurring within 10 to 
60 minutes, often described as a ``wave of calm clarity,'' ``dual-
action formula featuring 100mg per piece for maximum potency and a 
fast-acting hit.'' \36\
---------------------------------------------------------------------------

    \36\ See Kama Kratom https://greatcbdshop.com/product-category/brands/kama-kratom/ and Pure Leaf Kratom https://pureleafkratom.com/kama-kratom/. Accessed March 2026.
---------------------------------------------------------------------------

     Sustained Effect: The duration of effects is reported to last 
``several hours.'' \37\ This prolonged duration increases the 
likelihood of cumulative effects and potential for toxicity if doses 
are repeated.
---------------------------------------------------------------------------

    \37\ Id. 26.
---------------------------------------------------------------------------

     Potency Information: Marketing information of an MGM-15 product 
indicates this product contains a very large amount of MGM-15 ``105 mg 
total per bottle,'' \38\ which, given its extreme opioid potency, 
presents a significant threat to public health.
---------------------------------------------------------------------------

    \38\ MGM-15 [verbar] 7 count--15mg tablets (105mg total)--Can 
Vertex Bioscience Accessed March 2026. (Web content subsequently 
modified or removed; hardcopy preserved in DEA administrative 
record).
---------------------------------------------------------------------------

    Opioid Receptor Activation: Marketing materials explicitly state 
that these compounds directly activate opioid receptors and are ``full 
agonist at mu receptors,'' providing effects that mirror analgesic and 
stimulant effects (``pain relief and mood enhancement'').\39\
---------------------------------------------------------------------------

    \39\ Id.
---------------------------------------------------------------------------

     Acknowledgment of Severe Risks: Notably, vendors acknowledge 
significant public health risks, advising users to monitor for ``habit-
forming behavior,'' ``high euphoria,'' ``dependence,'' ``overdose,'' 
and ``death''.\40\ The mention of overdose and death is a significant 
indicator of the hazard these substances pose.
---------------------------------------------------------------------------

    \40\ Id; See 7-OHFactory30mg MGM-15 Tablets--Berries. https://www.7ohfactory.com/products/30mg-mgm-15-tablets-berries Accessed 
March 2026.
---------------------------------------------------------------------------

    As with any MOR agonist, the potential health and safety risks for 
users of 7-hydroxymitragynine-related substances are high. Mitragynine 
pseudoindoxyl, MGM-15, and MGM-16 abuse carry a high risk of 
cardiotoxicity, hepatic and renal toxicity, respiratory depression, 
neurological effects, and physical dependence and withdrawal. According 
to data from poison control centers, from January to July 2025, there 
have been 1,690 exposure calls involving kratom, a significant increase 
from 2024 exposure calls. According to data from DEA Toxicology Testing 
Program (DEA TOX),\41\ between February 2025--February 2026, 
mitragynine pseudoindoxyl has been identified in at least 31 overdose 
cases, of which 25 were fatal events. Recent monographs by CFSRE report 
that mitragynine pseudoindoxyl (n >10) and MGM-15 (n = 1) have been 
detected in at least 12 toxicology cases. MGM-15 was co-identified with 
mitragynine, 7-hydroxymitragynine, and trace ketamine. Mitragynine 
pseudoindoxyl was co-identified with other kratom alkaloids.
---------------------------------------------------------------------------

    \41\ DEA TOX is a surveillance program that aims to detect novel 
psychoactive substances in fatal and nonfatal overdose cases within 
the United States. From these cases, biological samples, as well as 
drug paraphernalia (on limited occasions), are submitted for 
analysis by hospitals, medical examiners, poison centers, and law 
enforcement nationwide. Query date 2/27/2026.
---------------------------------------------------------------------------

    The sale of products with combination of high-potency opioids, 
explicit marketing for medical ailments, and the acknowledged potential 
for life-threatening respiratory depression and addiction highlights 
the danger posed by mitragynine pseudoindoxyl and MGM-15. While 
mitragynine pseudoindoxyl and MGM-15 have already been identified in 
fatal toxicological screening, the pharmacological profile of MGM-16 
presents a significant health risk. As previously mentioned, MGM-16 is 
an opioid agonist with approximately 240-times the antinociceptive 
potency of morphine in animal studies. Recent online surveillance of a 
vendor site \42\ lists MGM-16 for upcoming sale. This transition from a 
research grade chemical to an accessible consumer product, combined 
with its opioid mechanism of action, underscores its potential as a 
highly attractive but lethal substitute. Thus, to schedule MGM-15 
without MGM-16 would create a regulatory loophole that manufacturers 
are already poised to exploit. Its inclusion is necessary to prevent a 
market shift toward an even more potent derivative that poses a 
significant risk of respiratory depression.
---------------------------------------------------------------------------

    \42\ MGM Series Guide: Science of MGM-15 Alkaloids [verbar] 
Getwell Depot. https://getwelldepot.com/mgm/. Accessed April 9, 
2026. (Web content subsequently modified or removed; hardcopy 
preserved in DEA administrative record).
---------------------------------------------------------------------------

Finding of Necessity of Schedule I Placement To Avoid Imminent Hazard 
to Public Safety

    In accordance with 21 U.S.C. 811(h)(3), based on the available data 
and information summarized above, the uncontrolled manufacture, 
distribution, reverse distribution, importation, exportation, conduct 
of research and chemical analysis, possession, and

[[Page 40915]]

abuse of mitragynine pseudoindoxyl, MGM-15, and MGM-16 pose an imminent 
hazard to public safety. DEA is not aware of any currently accepted 
medical uses for mitragynine pseudoindoxyl, MGM-15, and MGM-16 in the 
United States. A substance meeting the statutory requirements for 
temporary scheduling, found in 21 U.S.C. 811(h)(1), may only be placed 
in schedule I. Substances in schedule I are those that have a high 
potential for abuse, no currently accepted medical use in treatment in 
the United States, and a lack of accepted safety for use under medical 
supervision. Available data and information for mitragynine 
pseudoindoxyl, MGM-15, and MGM-16 indicate that these substances have a 
high potential for abuse, no currently accepted medical use in 
treatment in the United States, and a lack of accepted safety for use 
under medical supervision.
    As required by 21 U.S.C. 811(h)(4), the Administrator notified the 
Assistant Secretary, via letter dated December 15, 2025 of DEA's 
intention to temporarily place mitragynine pseudoindoxyl, MGM-15, and 
MGM-16 in schedule I. In a letter dated January 20, 2026, the Assistant 
Secretary for Health had no objection to the temporary placement of 
these substances in schedule I.

Conclusion

    This notice of intent provides the 30-day notice pursuant to 21 
U.S.C. 811(h)(1) of DEA's intent to issue a temporary scheduling order. 
In accordance with 21 U.S.C. 811(h)(1) and (3), the Administrator 
considered available data and information, herein set forth the grounds 
for his determination that it is necessary to temporarily schedule 
mitragynine pseudoindoxyl, MGM-15, and MGM-16 in schedule I of the CSA, 
and finds that placement of these substances in schedule I of the CSA 
is necessary in order to avoid an imminent hazard to the public's 
safety.
    The temporary placement of mitragynine pseudoindoxyl, MGM-15, and 
MGM-16 in schedule I of the CSA will take effect pursuant to a 
temporary scheduling order, which will not be issued before August 5, 
2026. Because the Administrator hereby finds that this temporary 
scheduling order is necessary to avoid an imminent hazard to public 
safety, it will take effect on the date the order is published in the 
Federal Register and remain in effect for two years, with a possible 
extension of an additional year, pending completion of the regular 
(permanent) scheduling process.\43\ The Administrator intends to issue 
a temporary scheduling order as soon as possible after the expiration 
of 30 days from the date of publication of this document. Upon 
publication of the temporary order, mitragynine pseudoindoxyl, MGM-15, 
and MGM-16 will then be subject to the CSA's schedule I regulatory 
controls and administrative, civil, and criminal sanctions applicable 
to the manufacture, distribution, reverse distribution, importation, 
exportation, research, conduct of instructional activities and chemical 
analysis, and possession.
---------------------------------------------------------------------------

    \43\ 21 U.S.C. 811(h)(1) and (2).
---------------------------------------------------------------------------

    The CSA sets forth specific criteria for scheduling drugs or other 
substances. Regular scheduling actions in accordance with 21 U.S.C. 
811(a) are subject to formal rulemaking procedures ``on the record 
after opportunity for a hearing'' conducted pursuant to the provisions 
of 5 U.S.C. 556 and 557.\44\ The regular scheduling process of formal 
rulemaking affords interested parties appropriate process and the 
government any additional relevant information needed to make a 
determination. Final decisions that conclude the regular scheduling 
process of formal rulemaking are subject to judicial review.\45\ 
Temporary scheduling orders are not subject to judicial review.\46\
---------------------------------------------------------------------------

    \44\ 21 U.S.C. 811.
    \45\ 21 U.S.C. 877.
    \46\ 21 U.S.C. 811(h)(6).
---------------------------------------------------------------------------

Regulatory Analyses

    The CSA provides for expedited temporary scheduling actions where 
necessary to avoid an imminent hazard to public safety. Under 21 U.S.C. 
811(h)(1), the Administrator (as delegated by the Attorney General) 
may, by order, temporarily schedule substances in schedule I. Such 
orders may not be issued before the expiration of 30 days from: (1) the 
publication of a notice in the Federal Register of the intent to issue 
such order and the grounds upon which such order is to be issued, and 
(2) the date that notice of the proposed temporary scheduling order is 
transmitted to the Assistant Secretary of HHS, as delegated by the 
Secretary of HHS.\47\
---------------------------------------------------------------------------

    \47\ 21 U.S.C. 811(h)(1).
---------------------------------------------------------------------------

    Inasmuch as section 811(h) directs that temporary scheduling 
actions be issued by order and sets forth the procedures by which such 
orders are to be issued, including the requirement of a publication in 
the Federal Register of a notice of intent, the notice-and-comment 
requirements of the Administrative Procedure Act (APA), 5 U.S.C. 553, 
do not apply to this notice of intent. The APA expressly differentiates 
between an order and a rule, as it defines an ``order'' to mean a 
``final disposition, whether affirmative, negative, injunctive, or 
declaratory in form, of an agency in a matter other than rule making.'' 
\48\ This contrasts with permanent scheduling actions, which are 
subject to formal rulemaking procedures done ``on the record after 
opportunity for a hearing,'' and final decisions that conclude the 
scheduling process and are subject to judicial review.\49\ The specific 
language chosen by Congress indicates its intent that DEA issue orders 
instead of proceeding by rulemaking when temporarily scheduling 
substances. Given that Congress specifically requires the Administrator 
(as delegated by the Attorney General) to follow rulemaking procedures 
for other kinds of scheduling actions,\50\ it is noteworthy that, in 
section 811(h)(1), Congress authorized the issuance of temporary 
scheduling actions by order rather than by rule.
---------------------------------------------------------------------------

    \48\ 5 U.S.C. 551(6) (emphasis added).
    \49\ 21 U.S.C. 811(a) and 877.
    \50\ See 21 U.S.C. 811(a).
---------------------------------------------------------------------------

    Even assuming that this notice of intent is subject to the notice-
and-comment requirements of the APA, the Administrator finds that there 
is good cause to forgo the those requirements pursuant to 5 U.S.C. 
553(b)(B), as any further delays in the process for issuing temporary 
scheduling orders would be impracticable and contrary to the public 
interest given the manifest urgency to avoid an imminent hazard to 
public safety.
    Although DEA believes this notice of intent to issue a temporary 
scheduling order is not subject to the notice-and-comment requirements 
of the APA, DEA notes that in accordance with 21 U.S.C. 811(h)(4), the 
Administrator took into consideration comments submitted by the 
Assistant Secretary in response to the notice that DEA transmitted to 
the Assistant Secretary pursuant to such subsection.
    Further, DEA believes that this temporary scheduling action is not 
a ``rule'' as defined by 5 U.S.C. 601(2), and, accordingly, is not 
subject to the requirements of the Regulatory Flexibility Act (RFA). 
The requirements for the preparation of an initial regulatory 
flexibility analysis in 5 U.S.C. 603(a) are not applicable where, as 
here, DEA is not required by the APA or any other law to publish a 
general notice of proposed rulemaking. As discussed above, DEA is 
issuing this notice of intent pursuant to DEA's authority to

[[Page 40916]]

issue a temporary scheduling order.\51\ Therefore, in this instance, 
since DEA believes this temporary scheduling action is not a ``rule,'' 
it is not subject to the requirements of the RFA when issuing this 
temporary action.
---------------------------------------------------------------------------

    \51\ 21 U.S.C. 811(h)(1).
---------------------------------------------------------------------------

    In accordance with the principles of Executive Orders (E.O.) 12866 
and 13563, this action is not a significant regulatory action. E.O. 
12866 directs agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health, and safety effects; 
distributive impacts; and equity). E.O. 13563 is supplemental to and 
reaffirms the principles, structures, and definitions governing 
regulatory review as established in E.O. 12866. Because this is not a 
rulemaking action, this is not a significant regulatory action as 
defined in Section 3(f) of E.O. 12866. In addition, DEA scheduling 
actions are not subject to either E.O. 14192, Unleashing Prosperity 
Through Deregulation, or E.O. 14294, Fighting Overcriminalization in 
Federal Regulations.
    This action will not have substantial direct effects on the states, 
on the relationship between the national government and the states, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with E.O. 13132, it is 
determined that this action does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

List of Subjects in 21 CFR Part 1308

    Administrative practice and procedure, Drug traffic control, 
Reporting and recordkeeping requirements.

    For the reasons set out above, DEA proposes to amend 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)(88) through (90) to read as 
follows:


Sec.  1308.11  Schedule I

* * * * *
    (h) * * *

------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
(88) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-              9672
 oxo-3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-
 2,1'-indolizine]-7'-yl)-3-methoxyacrylate (commonly
 known as mitragynine pseudoindoxyl)....................
(89) Methyl (E)- 2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-               9673
 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-15; also known as dihydro-7-
 hydroxymitragynine;)...................................
(90) Methyl (E)- 2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-                9674
 fluoro-7a-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 derivate of 7-.............................
 hydroxymitragynine;)...................................
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

Signing Authority

    This document of the Drug Enforcement Administration was signed on 
July 1, 2026, by DEA Administrator Terrance C. Cole. That document with 
the original signature and date is maintained by DEA. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DEA Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of DEA. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

Heather Achbach,
Federal Register Liaison Officer, Drug Enforcement Administration.
[FR Doc. 2026-13581 Filed 7-1-26; 4:15 pm]
BILLING CODE P