Schedule I* — Unless It's Kratom, Apparently.
On August 25, DOJ announced that mitragynine pseudoindoxyl (MGPI/MP) was being placed in Schedule I.
DEA's reason?
"Imminent hazard to public safety."
DEA's order is remarkably clear:
"Possession of any quantity" of mitragynine pseudoindoxyl without authorization is unlawful.
Any quantity.
Not "a lot."
Not "more than 1 mg."
Any quantity.
Source Document
DEA Temporary Scheduling Order
DEA's order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 into Schedule I, effective August 26, 2026.
Download PDF →
Then DOJ Added the Asterisk
Hours before the order took effect, DOJ announced an enforcement policy specifically for kratom.
MGPI is still Schedule I.
There is no legal exemption.
But DOJ says it will exercise "enforcement discretion" when an otherwise botanical kratom product contains an:
"incidental trace amount"
What's trace?
DOJ doesn't say.
No percentage.
No milligrams.
No analytical cutoff.
No objective standard.
Source Document
DOJ Enforcement Policy
DOJ's enforcement policy statement announcing it will exercise enforcement discretion for "incidental trace amounts" of MGPI in botanical kratom products — without defining what constitutes "trace."
Download PDF →
So apparently the federal standard is now:
Schedule I...but not too Schedule I.
There's One Problem: Kratom Products Actually Contain MP
This isn't hypothetical.
A 2026 Phytochemistry study tested 35 commercial kratom products.
MP WAS DETECTED IN 33 OF 35.
Quantifiable amounts reached 0.5 mg per serving in solids and 8.4 mg per serving in liquids.
Only two products declared MP on their labels.
Source Document
Phytochemistry Study — MP Detection in Commercial Products
2026 study testing 35 commercial kratom products. MP was detected in 33 of 35, with quantifiable amounts reaching 0.5 mg per serving in solids and 8.4 mg per serving in liquids. Only two products declared MP on their labels.
Download PDF →
So DOJ has created a very simple question:
HOW MUCH SCHEDULE I IS "TRACE"?
Let's Ask O.P.M.S.
Independent testing by Cora Science reported:
O.P.M.S. Gold Liquid
0.234 mg MP per unit
O.P.M.S. Gold Liquid — 0.234 mg MP per unit
O.P.M.S. Gold Capsule
0.318 mg MP per unit
O.P.M.S. Gold Capsule — 0.318 mg MP per unit
Are those "incidental trace amounts"?
DOJ doesn't tell us.
Would 0.5 mg qualify?
1 mg?
8.4 mg?
Nobody knows.
That's an interesting way to enforce Schedule I.
Authentic Leaf? Different Story.
A separate 2026 mass-spectrometry study used rigorous confirmation criteria specifically designed to avoid false positives.
Its authenticated kratom leaf sample?
NO CONFIRMED MGP.
Yet MGP was confirmed in multiple commercial tablets and capsules.
Source Document
Mass Spectrometry Study — Authentic Leaf vs. Commercial Products
2026 study using rigorous confirmation criteria to avoid false positives. MGP was not detected in the authenticated leaf sample but was confirmed in multiple commercial tablets and capsules.
Download PDF →
So perhaps DOJ should explain why the answer is an undefined "trace" policy instead of an actual analytical standard distinguishing authentic leaf from chemically altered products.
And Then There's This Awkward Little Footnote
Three months before DOJ announced its policy, Botanic Tonics and the Global Kratom Coalition were fighting Utah's kratom law in federal court.
Their concern made it into the judge's May 4 decision:
the possible presence of trace MP combined with scheduling "would potentially bar the sale of pure leaf kratom."
The judge did not decide that question.
But industry had identified the problem.
Source Document
Botanic Tonics v. Utah — Court Decision
May 4, 2026 court decision noting industry's concern that the possible presence of trace MP combined with scheduling "would potentially bar the sale of pure leaf kratom."
Download PDF →
And then:
- MAY 2026 — Industry raises concern that scheduling MP could potentially bar pure-leaf kratom.
- AUGUST 2026 — DEA schedules MP because it poses an "imminent hazard."
- AUGUST 25 — DOJ announces it will exercise enforcement discretion for undefined "trace" MP in botanical kratom.
Well.
That's convenient.
There is no evidence these events were coordinated.
But there is certainly enough here to ask:
WHO ASKED DOJ FOR THIS POLICY?
DOJ, SHOW YOUR WORK.
This should be easy.
- Define "trace."
- Give us the concentration.
- Explain how DEA will distinguish incidental MP from manufactured or fortified MP.
- Publish the analytical standard.
- Identify the scientific evidence supporting the cutoff.
- And tell the public whether kratom manufacturers, trade associations, lobbyists or their representatives requested or discussed this enforcement policy with DOJ.
Because right now the federal government's position is:
MGPI IS SCHEDULE I.
Any quantity is unlawful.
Except DOJ may look the other way when it's in kratom.
How much?
Apparently that's a secret.
