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HHS Public Comment Period Open

No Amount of 7-OH Is Proven Safe. Tell HHS the Threshold Must Be Zero.

Boards of pharmacy, pharmacy associations, schools of pharmacy and individual pharmacists: The U.S. Department of Health and Human Services is accepting comments on the proposed federal scheduling threshold for 7-hydroxymitragynine (7-OH). Your clinical and medication-safety expertise should be in the administrative record.

DEA's scheduling notice admits no clinical trials have established a safe dose of concentrated 7-OH. A non-zero threshold therefore leaves regulators guessing how much opioid risk is acceptable.

Comment docket: HHS-OASH-2026-0232-0001 Deadline: July 31, 2026
1
Federal Decision
Could affect medication safety nationwide.
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Administrative Record
Your professional expertise belongs in it.
1
Clinical Question
Can a non-zero dose be justified without safety data?
1 Understand the Clinical Gap
2 Review the Pharmacology
3 Draft Your Comment
4 Submit to HHS

Who Should Consider Commenting?

This page is designed for pharmacy professionals and organizations whose work intersects with medication safety, opioid regulation, and public health. HHS will benefit from hearing directly from:

Your professional judgment on dose-response, safety margins, and evidence-based practice provides critical context that policymakers may not otherwise consider.

Why This Matters to Pharmacy Professionals

The U.S. Department of Health and Human Services (HHS) has opened a public comment period on the proposed federal scheduling threshold for 7-hydroxymitragynine (7-OH). The threshold selected will directly affect how these products are regulated, labeled, and made available to the public.

Pharmacists are the medication-safety experts. You understand that without a demonstrated safe dose, any non-zero threshold is pharmacologically arbitrary and clinically unsafe. No controlled clinical trial has established a safe dosage or standardized dosing regimen for 7-OH products. Approving any non-zero threshold absent evidence of safety undermines the foundational principles of medication safety.

The Clinical Challenge

DEA's notice states: "Controlled clinical trials have not established a safe dosage or standardized dosing regimen for 7-hydroxymitragynine products." — DEA, 91 Fed. Reg. 35647 (2026)

Without a demonstrated margin of safety, setting a numeric threshold is arbitrary. Pharmacists routinely apply the precautionary principle when evidence of safety is absent.

Why Percentage Thresholds Are Difficult to Defend

Percentage-based thresholds create clinical and regulatory problems that are often overlooked. Here are the key challenges pharmacy professionals face:

Pharmacologically Meaningless

A percentage threshold does not control the actual dose a patient receives. At 0.050%, a 5-gram product contains 2.5 mg of 7-OH; a 20-gram bulk package could contain 10 mg. Without a per-unit-dose limit, a percentage threshold provides no meaningful patient protection.

Implies a Safe Dose Where None Exists

Setting any non-zero threshold may be interpreted as HHS having determined that amount is safe. But DEA has explicitly stated that no clinical trials have established a safe dosage. This creates a dangerous regulatory implication: the threshold could be mistaken for a de facto safe dose.

Evasion Through Packaging

Manufacturers may seek to formulate products to comply with any legal threshold, creating ongoing compliance and enforcement considerations. A percentage threshold encourages formulation to the limit rather than ensuring patient safety.

No Therapeutic Benefit

Unlike other scheduled substances, 7-OH has no FDA-approved medical use. There is no therapeutic benefit to justify any non-zero exposure. The precautionary principle demands zero tolerance where safety is unproven and benefit is absent.

Questions HHS Should Hear From Pharmacy Professionals

Your organization's comment should address the clinical and regulatory realities. These are the questions HHS needs to consider, and your professional experience can help answer them.

What clinical evidence supports a non-zero threshold?

DEA's notice explicitly states that no controlled clinical trials have established a safe dosage. Without dose-response data, a non-zero threshold lacks a scientific basis. HHS should be asked to identify the specific safety data that would justify any non-zero amount.

How does a percentage threshold account for product quantity?

A 0.050% threshold in a 5-gram product allows 2.5 mg of 7-OH. In a 20-gram product, the same threshold allows 10 mg. Without a per-dose limit, a percentage threshold does not control total exposure. HHS should address whether the threshold is per package, per serving, or per unit.

Does any threshold imply a safe dose for human use?

Setting a non-zero threshold may be interpreted as a determination that amounts below that threshold are safe. Since no safe dose has been established, this implication is scientifically unsupported and clinically misleading.

How should regulators account for accumulation, interactions, or chronic use?

Pharmacokinetic and pharmacodynamic data for 7-OH are limited. Chronic use, accumulation in tissues, and interactions with other drugs have not been studied. A threshold based on a single acute dose cannot address these risks.

Is a zero threshold the only defensible standard?

Given the absence of safety data, the lack of therapeutic benefit, and the potent mu-opioid agonist activity, a zero threshold is the only standard consistent with the precautionary principle and professional standards of medication safety.

Practical Issues for Pharmacists and Regulators

The impact of a percentage threshold extends beyond clinical pharmacology. Here is how each area is affected:

Medication SafetyDose ControlPharmacists cannot counsel patients on a safe dose because none has been established. A percentage threshold does not provide dosing guidance and may create false reassurance.
Regulatory OversightBoards of PharmacyBoards would need to interpret and enforce a threshold that lacks clinical basis. This places regulators in the position of defining safety without data.
Public HealthAdverse Event SurveillanceFAERS and NPDS data already show serious outcomes. A threshold does not address the underlying toxicity, and products at or near the threshold may still cause harm.

What Pharmacy Professionals and Agencies Have Already Stated

Federal agencies and professional observers have already raised concerns that directly support a zero-threshold approach.

Federal Register "No clinical trials have established a safe dosage." DEA's notice on the proposed 7-OH scheduling explicitly states the absence of safety data. This is the most important admission for pharmacy professionals to reference in comments. DEA, 91 Fed. Reg. 35647 (2026)
FDA Pre-Clinical Data Potent mu-opioid agonist with respiratory depression risk. FDA studies demonstrate that 7-OH produces effects comparable to morphine at similar receptor occupancy. This establishes a pharmacological basis for concern. FDA, Preclinical Toxicology Review (2025)
Surveillance Systems 86 FAERS reports, 79 serious, 9 deaths. FDA's adverse event reporting system and NPDS (165 exposures) provide spontaneous surveillance signals that meet FDA's threshold for a reasonable safety concern. FAERS and NPDS data, 2014-2025

Why Your Organization's Comment Matters

Federal agencies take public comments seriously. Comments from professional organizations, especially pharmacy associations and boards, carry significant weight because they represent expert, clinical perspectives on implementation.

Your organization's comment can help shape a federal scheduling policy that is scientifically defensible and consistent with professional standards of medication safety.

Evidence You May Wish To Review

All of the evidence on this site documents harms associated with whole-leaf kratom and mitragynine — not extracts, not 7-OH isolates. Click any card below.

Comment Templates for Pharmacy Professionals

Use the templates below to submit your comment. Customize the bracketed fields with your specific credentials and experience.

For Individual Pharmacists

For Boards, Associations and Schools of Pharmacy

Before You Submit

Before your organization or you individually submit a comment to the HHS docket, review this checklist to ensure your submission is as effective as possible.

Does your comment reflect your professional pharmacy expertise?
Have you cited DEA's admission that no safe dose has been established?
Have you explained why a percentage threshold does not control patient exposure?
Is your comment specific, professional, and clinically grounded?
Have you clearly stated that the only defensible threshold is zero?

Add Your Professional Voice to the Federal Record

HHS needs to hear from pharmacy professionals. Submit a comment explaining that no non-zero dose of 7-OH has been established as safe and that a percentage threshold is clinically indefensible.

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