Scheduling of 7-hydroxymitragynine and mitragynine pseudoindoxyl

Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended, in subsection (b), by adding at the end the following: (23) (A) 7-hydroxymitragynine (7–OH) and mitragynine pseudoindoxyl, including their salts, isomers, salts of isomers, esters, ethers, and synthetic analogs, whenever the existence of such forms is possible. (B) This paragraph shall not apply to 7-hydroxymitragynine or mitragynine pseudoindoxyl naturally occurring in Mitragyna speciosa Korth (kratom) or in a finished kratom product, provided that— (i) in the case of a solid, powdered, or encapsulated product, the concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl, individually or in combination, does not exceed 1 milligram per gram of product; (ii) in the case of a liquid product, the concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl, individually or in combination, does not exceed 1 milligram per milliliter of product; and (iii) the combined amount of 7-hydroxymitragynine and mitragynine pseudoindoxyl, including their salts, isomers, salts of isomers, esters, ethers, and synthetic analogs, does not exceed 1 part per 100 parts mitragynine by mass. (C) For purposes of this paragraph, any 7-hydroxymitragynine or mitragynine pseudoindoxyl that is synthesized, chemically converted, concentrated, enriched, isolated, or otherwise produced through manufacturing processes shall not qualify for the exemption described in subparagraph (B)..