With Pennsylvania students returning to school, Bucks County District Attorney Joe Khan and Chester County District Attorney Christopher de Barrena-Sarobe sent formal letters to Pennsylvania Secretary of Health Dr. Debra Bogen, urging the Department of Health to immediately exercise its emergency powers to schedule 7-Hydroxymitragynine (7-OH) and related kratom derivatives as controlled substances under state law.
The urgent request comes as students return to school amidst a growing proliferation of potent kratom-derived synthetic products being sold over the counter at smoke shops, gas stations, and other local retailers. Products containing 7-OH, a concentrated alkaloid found naturally in trace amounts in the Southeast Asian plant kratom, produce opioid-like effects on the body comparable to morphine or heroin. Despite these risks, 7-OH is frequently marketed without age restrictions and packaged as gummies, vapes, and candy bars specifically designed to appeal to minors.
While the U.S. Drug Enforcement Administration (DEA) temporarily scheduled three 7-OH-related compounds (mitragynine pseudoindoxyl, MGM-15, and MGM-16) under Schedule I of the federal Controlled Substances Act on August 26, 2026, the DEA did not temporarily schedule 7-OH itself, and local law enforcement agencies cannot directly enforce federal violations without a corresponding state criminal statute.
“Throughout Bucks County, children, including my own, are returning to school today. As a parent, and as Bucks County District Attorney, I have become alarmed at the rapid proliferation in smoke shops, gas stations, and other retailers offering products containing 7-Hydroxymitragynine, also known as 7-OH,” DA Khan wrote to Secretary Bogen. “The threat to our youth is real: kids in Bucks County can – and do – easily access kratom products, sometimes sold in candy bars, vapes, and gummies, without even being asked to show ID. … With school back in session and smoke shops open for business selling 7-OH and kratom products to our kids, there is no time for delay.”
In the letter, DA Khan asked Secretary Bogen to utilize her statutory authority under state law to act on an emergency basis, following the precedent set by states such as Massachusetts, which designated kratom and five related substances as Schedule I controlled substances on August 28, 2026, as well as North Dakota and Florida.
Pointing to the public health crisis and legal gaps that allow these unregulated products to flood local storefronts, Chester County District Attorney Christopher de Barrena-Sarobe warned of the severe risks to residents:
“As prosecutors, we see firsthand the devastating impact of opioids on individuals, families, and our communities,” said de Barrena-Sarobe. “We can’t allow a loophole in the law to leave our residents vulnerable. 7-OH is a dangerous substance that is being marketed and sold without the safeguards that protect Pennsylvanians. It is time for that to stop.”
These letters follow similar requests from other Pennsylvania district attorneys who contacted the Department of Health late last week, including Berks County District Attorney John Adams, who emphasized the need for action:
“We have seen the effects of this substance in our community and as a result of the inaction of the state, some of our municipalities are investigating and proposing ordinances to combat this problem,” Adams said. “We encourage the state to also act to protect our citizens.”
The Bucks County District Attorney’s Office remains committed to leveraging all available civil and criminal enforcement mechanisms to curb the sale of unregulated, harmful substances to youth throughout the county.
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