Earlier this month, the Drug Enforcement Administration issued two Notices of Intent to temporarily ban substances derived from kratom, an herbal stimulant used by many Americans for relief from anxiety, pain, and opioid withdrawal. The move was commended by the FDA and the Department of Health and Human Services, with officials framing it as a victory for public health.
The Regulatory Shift
The action would classify the compound 7-hydroxymitragynine (7-OH) and three other kratom-related substances in the same category as heroin and LSD, under Schedule I of the Controlled Substances Act (CSA). This classification implies these substances have no accepted medical use and a high potential for abuse. Notably, natural leaf kratom, which previously avoided a scheduling attempt by the DEA in 2016, would remain unaffected by this ruling.
The DEA announcement follows an FDA recommendation to classify 7-OH as Schedule I in July 2025, alongside warning letters issued to seven companies marketing 7-OH products. A Schedule I status would effectively eliminate the potent kratom derivatives that have become ubiquitous in gas stations and smoke shops, often referred to as “gas station heroin.” This development is viewed as a victory for natural kratom manufacturers who have lobbied the Trump administration to ban 7-OH products, citing safety concerns.
Political and Industry Tensions
In a statement issued by the HHS, Secretary Robert F. Kennedy Jr. asserted that the DEA’s action would hold bad actors accountable and protect American families. However, reports suggest the conflict between natural kratom suppliers and their 7-OH rivals is driven by more than just public health; it is a battle for control over a billion-dollar industry.
An investigation by the New York Times revealed that makers of natural kratom supplements with ties to Trump cabinet members were behind the aggressive campaign to outlaw 7-OH, with Homeland Security Secretary Markwayne Mullin playing a pivotal role. Mullin, who previously urged the Trump administration to downplay concerns about botanical kratom while pushing for crackdowns on 7-OH in Oklahoma, only disclosed his status as an investor in the kratom company Botanic Tonics after becoming Homeland Security secretary in March 2026.
The Future of Kratom
Despite being marketed as an alternative wellness supplement, kratom use carries significant risks, including liver damage, seizures, and overdose. A CDC report indicated that hospitalizations and poisonings involving kratom combined with other substances increased by nearly 1,300 percent between 2015 and 2025. As the HHS opens a 30-day public comment period ending July 31, the industry faces a reckoning regarding the future of these substances and the regulatory landscape that will govern them.