RED HILL: Today, Sen. Tracy Pennycuick (R-24) applauded the U.S. Drug Enforcement Administration (DEA) announcement to temporarily classify 7-hydroxymitragynine (7-OH)—a powerful compound associated with kratom as a Schedule I controlled substance under the Controlled Substances Act (CSA). The temporary designation would last two years initially; and potentially one additional year while permanent scheduling proceedings are underway.
In 2025, the Pennsylvania Senate Health and Human Services Committee passed Pennycuick’s legislation to ban synthetic Kratom in Pennsylvania. The Kratom Consumer Protection Act (Senate Bill 233) would prohibit the preparation, manufacturing, sale or distribution of kratom products mixed with unsafe materials/ingredients and the sale or distribution of kratom products to individuals younger than 21 years of age.
Schedule I is the strictest category under federal law and is reserved for substances considered to have a high potential for abuse and no currently accepted medical use. If finalized, the action would make the manufacture, sale, and possession of covered 7-OH products illegal except for federally authorized research.
Kratom, a plant native to Southeast Asia, has long been used for traditional purposes. Its primary natural compound, mitragynine, is generally present in much higher amounts than 7-OH. DEA says the plant contains only trace levels of naturally occurring 7-OH, although the compound can be produced from mitragynine and is often found in concentrated or synthetic products.
“Synthetic kratom has become a fast-growing, unregulated market that poses serious risks to consumers,” said Pennycuick. “The higher the concentration of 7-OH, the greater the potential for harm. As emergency room visits linked to these products continue to rise, we need to act now to protect young people and other consumers from the dangers of synthetic kratom. I applaud today’s announcement by DEA and will continue to seek commonsense guardrails in Pennsylvania.”
While the federal action would apply in Pennsylvania, it does not necessarily eliminate the need for state legislation. While federal scheduling gives DEA and prosecutors authority, Pennsylvania would still need appropriate state scheduling or legislation for straightforward enforcement by state and local authorities. Pennsylvania law permits the Department of Health to temporarily schedule a substance through the Pennsylvania Bulletin when necessary to address an imminent public-safety hazard.
Unregulated products marketed as “Kratom” and “7-hydroxymitragynine” or 7-OH are increasingly sold online, in smoke shops, and at gas stations. Products have gone on the market that offer high and unsafe dosages of 7-OH in concentrated form. These products lack clinical safety data and put consumers at risk of significant harm, including toxicity and development of dependence.
Federal and state health agencies have raised concerns about 7-OH because it can produce opioid-like effects, including respiratory depression. The U.S. Food and Drug Administration (FDA) has warned people not to use Kratom because of possible harm it can cause. Side effects reported included high blood pressure, confusion and seizures, nausea and vomiting, liver damage, and death.