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Policy & Regulatory Context

Federal regulatory status, the authoritative source for state-by-state legislative tracking, and kratom.com's analysis of legislation we work alongside. Maintained for journalists, staffers, and researchers covering kratom policy.

Federal status

FDA

Targeted action on 7-OH

On 29 July 2025, in a joint FDA / HHS announcement, the FDA formally recommended that 7-hydroxymitragynine (7-OH) — concentrated and synthetic 7-OH products specifically — be placed in Schedule I of the Controlled Substances Act. This is a targeted recommendation, narrower than the broad 2016 attempt to schedule kratom as a whole, and is consistent with the FDA's earlier "Hiding in Plain Sight" public-health communication distinguishing natural-leaf kratom from concentrated 7-OH material.

DEA

Active rulemaking on 7-OH

Following the FDA's July 2025 recommendation, the DEA is in an active rulemaking process specifically on concentrated and synthetic 7-OH products. As of early 2026, kratom whole leaf continues to be listed as a Drug of Concern rather than a controlled substance; the rulemaking targets the 7-OH category, not the plant.

HHS

Recommendation finalised

The earlier "review pending" posture was replaced by the joint 29 July 2025 announcement, in which HHS — alongside FDA — formally recommended Schedule I placement for concentrated and synthetic 7-OH. The next step now sits with the DEA rulemaking process.

State legislative tracking

Authoritative source

The American Kratom Association maintains the authoritative state-by-state legislative tracker for kratom — bills filed, status changes, KCPA adoption, federal action. For current state-by-state status, refer to their tracker.

The analysis cards below are interpretive briefs — a reading of legislation written for industry, researchers, and reporters rather than a status feed.

Visit americankratom.org

A consumer-facing visual reference is also available on the state-by-state guide — same dataset rendered as an interactive map, written for consumer rather than research depth.

Analysis

Legislative Brief·

The Kratom Consumer Protection Act: model text and how states adapt it

Kratom.com Editorial · Regulatory Affairs

Comparative legislative analysis · 2024 edition

A reading of the AKA-maintained KCPA model and the state-by-state variations that matter for businesses operating in the category — particularly the 7-hydroxymitragynine cap variants and the registration regimes that change market-by-market planning.

Federal Action·

Hiding in Plain Sight: 7-OH products (FDA public-health focus)

U.S. Food and Drug Administration · Public Health Focus

The FDA's consolidated public-health communication on concentrated and synthetic 7-hydroxymitragynine products — drawing the regulatory line between whole-leaf kratom and 7-OH-concentrated material. The position kratom.com aligns with on product scope.

Scheduling Analysis·

Eight-Factor Analysis of Kratom (Concordia University Wisconsin)

School of Pharmacy, Concordia University Wisconsin

Institutional white paper · December 2022

An independent application of the FDA's eight-factor scheduling framework to kratom by the Concordia University Wisconsin School of Pharmacy. Concludes that the available evidence does not support Schedule I classification — a parallel finding to Henningfield et al.'s 2022 update, prepared by an independent academic team.