Bill
HR 10272
The bill strengthens controls on synthetic opioids by scheduling MGM-15/16 and certain mitragynine derivatives as Schedule I, tightens kratom limits, and expands enforcement agains
Purpose
- The bill aims to strengthen controls on certain synthetic opioids and related substances by:
- Scheduling specific synthetic substances (MGM-15 and MGM-16) as Schedule I controlled substances.
- Scheduling synthetic 7-hydroxymitragynine and mitragynine pseudoindoxyl (including their salts, isomers, and analogs) above a defined threshold as Schedule I, with explicit exemptions for kratom under certain concentration limits.
- Expanding enforcement against emerging synthetic opioids commonly referred to as “gas station heroin.”
Key Provisions
1) Scheduling enhancements
- Adds MGM-15 and MGM-16 to Schedule I of the Controlled Substances Act.
- Adds 7-hydroxymitragynine (7–OH) and mitragynine pseudoindoxyl, including their salts, isomers, esters, ethers, and synthetic analogs, to Schedule I above a specified threshold.
- Kratom-specific exemptions:
- For kratom products, limits apply to concentrations to avoid automatic scheduling:
- Solid/powder/capsulated: no more than 1 mg of 7–OH and mitragynine pseudoindoxyl per gram.
- Liquid products: no more than 1 mg per milliliter.
- Combined total of 7–OH and mitragynine pseudoindoxyl (and related forms) must not exceed 1 part per 100 parts mitragynine by mass.
- Substances synthesized or concentrated via manufacturing processes do not qualify for the exemption.
2) Expanded enforcement against emerging synthetic opioids
- Establishes that certain “covered emerging synthetic opioids” are treated as Schedule I substances for purposes of prohibiting and enforcing against knowing or intentional manufacture, importation, exportation, distribution, dispensing, or possession with intent to distribute.
- Defines “covered emerging synthetic opioid” with criteria including:
- Opioid receptor activity (greater potency than morphine or greater analgesic/respiratory-depressant effects).
- Production via chemical synthesis or semisynthesis.
- Not approved under the Federal Food, Drug, and Cosmetic Act.
- Intended for human consumption.
- Not already listed in any existing schedule.
- Protections and limitations:
- Civil or criminal enforcement cannot be based solely on simple possession or personal use of a covered substance.
- Enforcement focuses on conduct involving manufacture, distribution, or intent to distribute.
- If a substance qualifies as both a controlled substance analogue and a covered emerging synthetic opioid, the Attorney General may pursue enforcement under multiple applicable authorities.
- Exclusions apply for medical treatments, non-human consumption, natural plant constituents (with certain exceptions), legitimate scientific or law-enforcement purposes, and substances exempted by the Attorney General.
3) Definitions and scope
- Clarifies terms such as “commercial distribution,” “intended for human consumption,” and “scientifically reliable evidence.”
- Specifies that enforcement targets only the portion of a substance connected to commercial distribution.
Procedural/Timelines
- Joint referral to the House Committee on Energy and Commerce and the Judiciary for consideration.
- Introduction date: September 3, 2026.
- No specific effective dates or rollout timelines provided in the text; would depend on passage and regulatory rulemaking.
Impact Overview
- Increases criminal penalties and regulatory attention for newly identified synthetic opioids and related compounds.
- Tightens kratom-related regulatory thresholds to preserve some non-scheduled kratom products while curbing high-concentration products.
- Aims to curb the growth of “gas station heroin” by targeting synthetic opioids entering commercial distribution and enhancing federal enforcement mechanisms.
Compiled from official sources — confirm details with the bill’s official record.
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