PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Congressional Research Service
No official summary is available in the imported record yet.
People & committees
Rep. Gooden, Lance [R-TX-5] · R–TX
Legislative record
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Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Oct 7, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-09-03 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The bill would place two substances, 7-hydroxymitragynine and mitragynine pseudoindoxyl, in Schedule I, a federal controlled-substance category, with a limited exception for naturally occurring amounts in kratom. It would also apply Schedule I enforcement to certain currently unscheduled synthetic opioids intended for human consumption and commercial distribution. That separate enforcement provision would protect purchase, receipt, simple possession and personal use alone, although its descriptions of covered commercial conduct differ.
Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended, in subsection (b), by adding at the end the following: (23) (A) 7-hydroxymitragynine (7–OH) and mitragynine pseudoindoxyl, including their salts, isomers, salts of isomers, esters, ethers, and synthetic analogs, whenever the existence of such forms is possible.
This paragraph shall not apply to 7-hydroxymitragynine or mitragynine pseudoindoxyl naturally occurring in Mitragyna speciosa Korth (kratom) or in a finished kratom product, provided that—
a covered emerging synthetic opioid shall, solely for purposes of prohibiting and enforcing against its knowing or intentional manufacture, importation, exportation, distribution, dispensing, or possession with intent to manufacture, import, export, distribute, or dispense, be treated as a controlled substance in Schedule I
No person shall be subject under this section to criminal or civil enforcement based solely on the purchase, receipt, simple possession, or personal use of a covered emerging synthetic opioid.
This section shall apply only to the knowing or intentional manufacture, distribution, or possession with intent to manufacture or distribute a covered emerging synthetic opioid.
Section 1 would name the legislation the End Gas Station Heroin Act.
This Act may be cited as the End Gas Station Heroin Act.
Section 2 would add 7-hydroxymitragynine, also called 7–OH, and mitragynine pseudoindoxyl to Schedule I. The listing would include the specified related chemical forms and synthetic analogs wherever those forms can exist.
Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended, in subsection (b), by adding at the end the following: (23) (A) 7-hydroxymitragynine (7–OH) and mitragynine pseudoindoxyl, including their salts, isomers, salts of isomers, esters, ethers, and synthetic analogs, whenever the existence of such forms is possible.
The proposed listing would exempt naturally occurring amounts in kratom or finished kratom products only under specified limits. For solid, powdered or encapsulated products, either substance alone and both combined could not exceed 1 milligram per gram. For liquids, the limit would be 1 milligram per milliliter. A further limit would cap the combined amount, including the listed related chemical forms, at 1 part per 100 parts mitragynine by mass.
(B) This paragraph shall not apply to 7-hydroxymitragynine or mitragynine pseudoindoxyl naturally occurring in Mitragyna speciosa Korth (kratom) or in a finished kratom product, provided that— (i) in the case of a solid, powdered, or encapsulated product, the concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl, individually or in combination, does not exceed 1 milligram per gram of product; (ii) in the case of a liquid product, the concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl, individually or in combination, does not exceed 1 milligram per milliliter of product; and (iii) the combined amount of 7-hydroxymitragynine and mitragynine pseudoindoxyl, including their salts, isomers, salts of isomers, esters, ethers, and synthetic analogs, does not exceed 1 part per 100 parts mitragynine by mass.
The kratom exemption would not cover either substance when synthesized, chemically converted, concentrated, enriched, isolated or otherwise produced through manufacturing processes, even if the numerical limits were met.
(C) For purposes of this paragraph, any 7-hydroxymitragynine or mitragynine pseudoindoxyl that is synthesized, chemically converted, concentrated, enriched, isolated, or otherwise produced through manufacturing processes shall not qualify for the exemption described in subparagraph (B).
Section 3 would create a separate enforcement rule for covered emerging synthetic opioids. Its description of covered conduct is inconsistent: subsection (a) lists manufacture, import, export, distribution, dispensing and possession with those intentions, while subsection (d) says the section applies only to manufacture, distribution and possession with intent to manufacture or distribute. Subsection (e) also preserves enforcement for possession with intent to dispense, import or export.
(a) Treatment as a Schedule I controlled substance Notwithstanding any other provision of law, a covered emerging synthetic opioid shall, solely for purposes of prohibiting and enforcing against its knowing or intentional manufacture, importation, exportation, distribution, dispensing, or possession with intent to manufacture, import, export, distribute, or dispense, be treated as a controlled substance in Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).
(d) Covered conduct This section shall apply only to the knowing or intentional manufacture, distribution, or possession with intent to manufacture or distribute a covered emerging synthetic opioid.
Nothing in this subsection shall prohibit enforcement based on possession with intent to manufacture, distribute, dispense, import, or export.
To qualify under section 3, a substance would have to meet all the listed conditions: a commercial-distribution connection, the specified opioid potency test, production through chemical synthesis or semisynthesis, intended human consumption, no approved application under the cited federal drug-approval provision, no existing controlled-substance scheduling and no applicable exclusion.
(c) Covered emerging synthetic opioid For purposes of this section, the term covered emerging synthetic opioid means a substance that— (1) is being manufactured, offered, advertised, sold, distributed, or otherwise introduced into commercial distribution, or is intended by the person engaging in the prohibited conduct to be introduced into commercial distribution; (2) is an opioid receptor agonist, or partial agonist and, based on scientifically reliable evidence, demonstrates greater functional potency than morphine at the human mu-opioid receptor in a validated assay identified by regulation, or demonstrates greater analgesic or respiratory-depressant potency than morphine based on other scientifically reliable evidence; (3) is produced through chemical synthesis or semisynthesis; (4) is not the subject of an approved application under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (5) is intended for human consumption; (6) is not otherwise listed in any schedule under section 202 of the Controlled Substances Act (21 U.S.C. 812); and (7) is not excluded under subsection (g).
The potency test would cover substances that activate opioid receptors fully or partly and, on scientifically reliable evidence, are more potent than morphine either at the human mu-opioid receptor in a validated test identified by regulation, or in relieving pain or suppressing breathing. Semisynthesis would mean chemically changing a naturally occurring substance into a chemically different substance.
(2) is an opioid receptor agonist, or partial agonist and, based on scientifically reliable evidence, demonstrates greater functional potency than morphine at the human mu-opioid receptor in a validated assay identified by regulation, or demonstrates greater analgesic or respiratory-depressant potency than morphine based on other scientifically reliable evidence;
(4) the term semisynthesis means the chemical modification or conversion of a naturally occurring substance into a chemically distinct substance.
Section 3 would prohibit civil or criminal enforcement based solely on buying, receiving, simply possessing or personally using a covered substance. It would expressly bar investigation, arrest, charges, prosecution and civil penalties solely for simple possession or personal consumption. These protections are limited to enforcement under section 3.
(b) Civil and criminal enforcement No person shall be subject under this section to criminal or civil enforcement based solely on the purchase, receipt, simple possession, or personal use of a covered emerging synthetic opioid.
(e) No simple possession enforcement No person may be investigated, arrested, charged, prosecuted, or subjected to civil penalties under this section solely for simple possession or personal consumption of a covered emerging synthetic opioid.
Section 3 would exclude naturally occurring plant or fungal constituents, including those derived through brewing or extraction. That exclusion would not apply when a constituent has been intentionally isolated, enriched, concentrated, chemically converted or added to a product for human consumption.
(g) Exclusions The term covered emerging synthetic opioid does not include—
(3) a naturally occurring constituent of a plant, fungus, or other botanical material, or a constituent derived through brewing or extraction process of a natural plant, fungus, or other botanical material, unless the constituent has been intentionally, isolated, enriched, concentrated, chemically converted, or added to a product for human consumption;
Other exclusions from section 3 would cover substances described as approved for medical treatment under the Controlled Substances Act, substances not intended for human consumption, and substances possessed or transferred solely for legitimate scientific, medical, forensic, analytical or law-enforcement purposes. The Attorney General could create additional exemptions by regulation.
(g) Exclusions The term covered emerging synthetic opioid does not include— (1) a substance approved as a drug for medical treatment under the Controlled Substances Act (21 U.S.C. 801 et seq.); (2) a substance not intended for human consumption;
(4) a substance possessed or transferred solely for legitimate scientific, medical, forensic, analytical, or law-enforcement purposes; or (5) a substance otherwise exempted by the Attorney General through regulation.
Section 3 enforcement could reach only the amount introduced, or intended to be introduced, into commercial distribution and connected to subsection (a) conduct. The same substance's presence outside commercial distribution, including for authorized research, testing or forensic examination, would not independently trigger enforcement under this section.
(h) Limitation to commercial conduct Enforcement under this section may be based only on the quantity or portion of a substance that is— (1) introduced or intended to be introduced into commercial distribution; and (2) connected to conduct described in subsection (a). The presence of the same substance outside commercial distribution, including possession for authorized research, analytical testing, forensic examination, or other noncommercial purposes, shall not independently subject that substance or conduct to enforcement under this section.
Commercial distribution would include advertising, offering for sale, selling, shipping, transferring for value or distributing a substance or product in or affecting commerce within a state, between states or with other countries.
(1) the term commercial distribution means the advertisement, offering for sale, sale, shipment, transfer for value, or distribution of a substance or product in or affecting interstate, intrastate, or foreign commerce;
Whether a substance was intended for human consumption would be determined from all relevant circumstances. Possible evidence would include labels, advertising, dosage form, sales methods, seller statements, customary use and the intended market.
(2) whether a substance is intended for human consumption shall be determined from all relevant facts and circumstances, potentially including labeling, advertising, dosage form, method of sale, representations by the seller, customary use, and evidence concerning the intended market;
The definition of scientifically reliable evidence would include validated laboratory, animal and human evidence, along with evidence about how substances act in the body and interact with receptors. It would also include other scientifically accepted evidence identified by the Attorney General in consultation with the Secretary of Health and Human Services.
(3) the term scientifically reliable evidence includes validated in vitro, animal, human, pharmacokinetic, pharmacodynamic, receptor-binding, functional-activity, or other scientifically accepted evidence identified by the Attorney General, in consultation with the Secretary of Health and Human Services;
If a substance met both section 3's definition and the existing statutory definition of a controlled substance analogue, the Attorney General could use section 3, the cited existing analogue-enforcement provision or other applicable federal law. An analogue is a separate legal category whose definition is referenced but not reproduced here. Section 3 would neither expand nor limit state officials' authority under state law.
(f) Relationship to the controlled substance analogue enforcement act If a substance qualifies both as— (1) a controlled substance analogue under section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)); and (2) a covered emerging synthetic opioid under this section, the Attorney General may proceed under section 203 of the Controlled Substances Act (21 U.S.C. 813), this section, or any other applicable provision of Federal law. Nothing in this section shall expand or limit the authority of a State attorney general or other State official under State law.
The supplied official-actions snapshot, updated October 7, 2026, records introduction in the House on September 3, 2026, and referral that day to the Energy and Commerce and Judiciary committees. This snapshot does not establish any later legislative outcome.
Source snapshot updated 2026-10-07T16:27:19Z. 2026-09-03: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2026-09-03: Introduced in House
A closer look
Reviewed version: Introduced in House · 2026-09-03. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated rider was identified in the complete supplied introduced-text version. This conclusion does not establish absence in other versions or accompanying materials.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified in the complete supplied introduced-text version. This conclusion does not establish absence in other versions or accompanying materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied text contains a narrow product-specific exception directly related to its main policy. This classification does not imply improper purpose.
Qualifying kratom and finished kratom products would receive an exception from the new Schedule I listing for naturally occurring 7-hydroxymitragynine and mitragynine pseudoindoxyl. This would provide distinct treatment for people producing or distributing qualifying products. The exception requires the applicable concentration limit and the combined limit relative to mitragynine, and excludes substances produced through the listed manufacturing processes.
(B) This paragraph shall not apply to 7-hydroxymitragynine or mitragynine pseudoindoxyl naturally occurring in Mitragyna speciosa Korth (kratom) or in a finished kratom product, provided that— (i) in the case of a solid, powdered, or encapsulated product, the concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl, individually or in combination, does not exceed 1 milligram per gram of product; (ii) in the case of a liquid product, the concentration of 7-hydroxymitragynine and mitragynine pseudoindoxyl, individually or in combination, does not exceed 1 milligram per milliliter of product; and (iii) the combined amount of 7-hydroxymitragynine and mitragynine pseudoindoxyl, including their salts, isomers, salts of isomers, esters, ethers, and synthetic analogs, does not exceed 1 part per 100 parts mitragynine by mass.
(C) For purposes of this paragraph, any 7-hydroxymitragynine or mitragynine pseudoindoxyl that is synthesized, chemically converted, concentrated, enriched, isolated, or otherwise produced through manufacturing processes shall not qualify for the exemption described in subparagraph (B).
Full text preserved for this analysis. Legislative record snapshot: Oct 7, 2026. How PlainBill uses AI