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S. 5383

Schedules MGM-15 and MGM-16 outright, and synthetic 7-OH and mitragynine pseudoindoxyl above a threshold.

We oppose this

A bill to amend the Controlled Substances Act to schedule MGM-15 and MGM-16 as schedule I controlled substances, and to amend the controlled Substances Act to schedule synthetic 7-hydroxymitragynine, and Mitragynine Pseudoindoxyl, as a Schedule I above a specific threshold under the controlled substance act, and to expand enforcement actions against drug manufacturers and distributors of emerging synthetic opioids, commonly known as gas station heroin.

What it does

  • Amends the Controlled Substances Act to place MGM-15 and MGM-16 in Schedule I.
  • Schedules synthetic 7-hydroxymitragynine and mitragynine pseudoindoxyl as Schedule I above a specified threshold.
  • Expands enforcement against manufacturers and distributors of what the bill calls emerging synthetic opioids.
  • Read twice and referred to the Senate Committee on the Judiciary.
  • Draws a line between "synthetic" and "natural" 7-OH - a distinction that does not exist in the finished molecule.

Where we agree with it

Saying this out loud matters. A representative who hears only opposition learns nothing about what we would actually vote for.

  • That products should be identified accurately, and that a manufacturer selling something other than what the label claims should face enforcement.

What our model act does instead

We are not asking anyone to do nothing. Every objection below comes with the clause we would put in its place — the full text is here.

§3

Definitions

Section 3(d) defines 7-hydroxymitragynine as that molecule in any form - naturally occurring, extracted, concentrated, isolated, synthetic or semi-synthetic. A molecule does not behave differently according to how it was made, and a legal line drawn on origin instead of identity is one that testing cannot verify.

§10

Premarket Review for Novel Kratom Alkaloid Products

MGM-15 and MGM-16 are the case for Section 10, not for Schedule I. Premarket review assesses a genuinely novel alkaloid on evidence before it goes on sale, without also reclassifying the protected alkaloids alongside it.

§13

No Alkaloid Caps; Mandatory Disclosure

A threshold is a cap with a different name. Section 13 requires the concentration to be disclosed and independently verified rather than limited.

If you call, say this

Yours will be better than ours because it is yours. Change a word, say where you live, and stop — ninety seconds is a long call.

I am a constituent and I am asking you to oppose S. 5383. The bill treats synthetic 7-OH differently from natural 7-OH, but they are the same molecule, and no laboratory test can tell a court which one it is looking at. If the concern is novel compounds like MGM-15, assess those on their own evidence. Please do not schedule an alkaloid that kratom and the human body both produce.