Federal health officials have proposed loosening a ban on mitragynine pseudoindoxyl, or MGPI, a potent opioid compound found in some kratom products, to allow the substance at certain levels, The New York Times reported Oct. 28.
HHS Secretary Robert F. Kennedy Jr. announced the policy shift Oct. 9. The Drug Enforcement Administration said July 1 that it planned to ban MGPI and two other compounds, and the Justice Department announced emergency temporary scheduling of the compounds Aug. 25. The revised policy continues to prohibit highly concentrated MGPI products but would permit the compound at specified levels in otherwise natural kratom products. Officials reasoned that trace amounts of MGPI appear in natural kratom.
The decision followed lobbying by the American Kratom Association and companies tied to David Gabbay, who manages a kratom distribution business facing wrongful death lawsuits. As of Oct. 12, Mr. Gabbay and his wife, Maya, contributed about $2.9 million to Republican candidates and campaign committees this year. Federal officials denied that political contributions or litigation influenced the decision.
The revised thresholds are 25 to 500 times the levels currently found on the market, according to the senior author of a study the administration cited. DEA data identified MGPI in at least 56 overdose cases, 48 of which were fatal, from February 2025 to May 2026.
HHS said its recommendation was based on scientific evidence. However, the Federal Register notice acknowledged that neither HHS nor DEA had determined the substances were safe at the newly permitted levels.
The proposed order is expected to be finalized in the coming weeks, according to the report.
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