Bucks County DA Calls For State To Emergency Schedule Kratom As Schools Reopen


Bucks County District Attorney Joe Khan speaking to reporters on Jan. 28, 2026.
Credit: Tom Sofield/LevittownNow.com

Bucks County District Attorney Joe Khan and Chester County District Attorney Christopher de Barrena-Sarobe sent formal letters this week to Pennsylvania Secretary of Health Dr. Debra Bogen urging the Department of Health to use its emergency powers to classify 7-Hydroxymitragynine (7-OH) and related kratom derivatives as controlled substances under state law.

The letters were sent on the first day back to school for many Pennsylvania students.

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The push comes amid what the district attorneys describe as a growing supply of potent kratom-derived products sold over the counter at smoke shops, gas stations and other local retailers.

7-OH is a concentrated alkaloid that occurs naturally in trace amounts in kratom, a plant native to Southeast Asia, and products containing it can produce opioid-like effects comparable to morphine or heroin, according to the district attorneys. They say the products are often sold without age restrictions and packaged as gummies, vapes and candy bars in ways that appeal to minors.

The DEA temporarily placed three 7-OH-related compounds โ€” mitragynine pseudoindoxyl, MGM-15 and MGM-16 โ€” under Schedule I of the federal Controlled Substances Act on Aug. 26, 2026, but did not schedule 7-OH itself.

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Because of that gap, the district attorneys say local law enforcement cannot enforce federal violations without a corresponding state criminal statute, leaving the substance effectively unregulated under Pennsylvania law.

โ€œAs 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,โ€ Khan wrote to Bogen. โ€œThe threat to our youth is real: kids in Bucks County can โ€“ and do โ€“ easily access kratom products, sometimes sold in candy bars, vapes, and gummies, without even being asked to show ID. โ€ฆ 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.โ€

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Khanโ€™s letter asks Bogen to use her statutory emergency authority to schedule the substance, pointing to other states that have already acted. Massachusetts designated kratom and five related substances as Schedule I controlled substances on Aug. 28, 2026, and North Dakota and Florida have taken similar steps, according to the letter.

De Barrena-Sarobe, in a separate letter, framed the issue as a public health and enforcement gap.

โ€œAs prosecutors, we see firsthand the devastating impact of opioids on individuals, families, and our communities,โ€ he said. โ€œWe canโ€™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.โ€

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The two letters follow similar outreach from other Pennsylvania district attorneys last week, including Berks County District Attorney John Adams.

โ€œWe 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,โ€ Adams said. โ€œWe encourage the state to also act to protect our citizens.โ€

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The Bucks County District Attorneyโ€™s Office said it remains committed to using available civil and criminal enforcement tools to curb the sale of unregulated substances to minors in the county.

This article appears courtesy of a content share agreement between LevittownNow.com, NewtownPANow.com, and NewHopeFreePress.com and Central Bucks News. To read more stories like this, visit https://www.centralbucksnews.com

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