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Glossary

Temporary scheduling order

Updated:

Definition

An order under 21 U.S.C. 811(h) by which DEA places a substance in Schedule I for two years, extendable by one, without the full rulemaking process, after a notice of intent and at least 30 days. The 2026-08-26 order at 91 FR 54948 is one; the pending 7-OH order would be another.

The Controlled Substances Act lets DEA place a substance in Schedule I on a temporary basis to avoid what it finds to be an imminent hazard, after publishing a notice of intent and waiting at least 30 days. The order lasts two years and may be extended for one more while permanent scheduling is considered. The 2026-08-26 order for mitragynine pseudoindoxyl, MGM-15 and MGM-16 states that it expires 2028-08-26 unless extended or made permanent (91 FR 54948).

The October 2026 notice for 7-hydroxymitragynine and pseudoindoxyl above a threshold says its order "will be published in the Federal Register on or after November 13, 2026" for two years with a possible one-year extension (91 FR 65370). When such an order publishes, this store's Federal Register watcher reads its effective date and schedules the matching product class for removal on that date.

Sources

  1. 91 FR 54948, temporary scheduling order (August 26, 2026) Federal Register via GovInfo (accessed 2026-10-20)
  2. 91 FR 65370, notice of intent (October 14, 2026) Federal Register via GovInfo (accessed 2026-10-20)

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