EXHIBIT D  ·  THE PUBLIC RECORD CONTEXT: DEA NOTICE OF INTENT — SCHEDULE I FILED: JULY 1, 2026 ← 7-OH Ban: What You Need to Know

The Public Record  ·  Exhibit D

How Does 7-OH Compare?

The government bans this — and licenses far deadlier things on every corner.

This page is not claiming 7-OH is harmless. It is asking why a substance with orders of magnitude less documented harm than alcohol or tobacco is being emergency-scheduled, while those far deadlier products stay legal, regulated, and sold on the shelf next to it.

01 — The Documented Harm

Annual U.S. deaths, side by side

All three figures below are placed on the same annual basis so the comparison is apples to apples.

Tobacco and alcohol are legal, age-gated, and sold at every corner store. Both cause documented mass fatality every year. 7-OH — the substance facing an emergency Schedule I action that skips the government's normal review process — does not appear at a comparable scale in the government's own filing.

ANNUAL U.S. DEATHS — DOCUMENTED Tobacco / cigarettes ~480,000 Legal · age-gated · warning-labeled (CDC) Alcohol (excessive use) ~178,000 Legal · age-gated · taxed · Group 1 carcinogen (CDC) 7-OH (annualized) < 10 / year Facing emergency Schedule I action (DEA filing) 7-OH FIGURES ARE LARGELY POLYDRUG "DETECTED-IN" CASES, NOT DEATHS FROM 7-OH ALONE Sources: CDC (tobacco, alcohol) · DEA Notice of Intent (7-OH)

Read plainly: all three bars represent documented deaths per year, on the same scale. The 7-OH bar is a thin sliver next to the other two — not because the number was rounded down for effect, but because the government's own filing puts the annualized figure there. The two legal products cause roughly four to five orders of magnitude more documented death each year than the substance facing the emergency ban.

02 — "Can Cause Harm" Was Never the Bar

The test society actually uses

Legality has never depended on whether a substance can ever hurt someone.

By a "can this cause harm" standard, water would be banned — it is fatal in overdose. Alcohol, tobacco, and cars would all be banned too. The test society has actually applied is different: risk managed through regulation and adult choice, not risk eliminated through prohibition.

Alcohol and tobacco are the proof of that standard in practice. Both carry known, massive, well-documented harm. Both remain legal, sold everywhere, under age limits, labeling requirements, and taxation — because the government has already decided that adults get to make informed choices about even very dangerous products.

03 — The Purity Point, Stated Precisely

What regulation actually buys

This point is narrow, and it stays narrow on purpose.

A regulated, lab-tested, purity-controlled product avoids two specific problems that exist in an unregulated market: inconsistent or unknown dosing, and the heavy-metal and contaminant load that can come with raw, unregulated plant material sold without testing standards.

WHAT THIS ARGUMENT DOES NOT CLAIM: this page does not claim 7-OH is "safer than the leaf." That comparison is a different question with a different evidence base. The claim here is narrow and specific — it is about contamination control and dose consistency under regulation, and it is made only against alcohol and tobacco, the two legal products this page is comparing 7-OH to throughout.

04 — The Honest Caveats

Where this argument has real limits

These caveats are not hidden at the bottom of the page. Read them before citing any number above.

7-OH is a real, potent opioid

7-OH is a potent μ-opioid agonist. In the human body it converts into an even stronger compound, mitragynine pseudoindoxyl. This is a real drug with real pharmacology — not a vitamin, and not risk-free.

The comparison is about documented harm, and 7-OH is newer

7-OH's market presence is recent. Some harm may be under-counted simply because surveillance systems only recently started specifically testing for it — the same surveillance-gap caveat that appears elsewhere on this site cuts both ways here too.

This is a comparative and regulatory argument, not a safety claim

This page argues comparative risk and adult autonomy under regulation — not that 7-OH is "safe." Anyone claiming 7-OH "kills no one" is overclaiming the record: the government's filing documents a small number of fatality detections, overwhelmingly involving other drugs, not zero.

~480,000
Tobacco deaths
per year
~178,000
Alcohol deaths
per year
< 10
7-OH fatality detections
per year, annualized
Largely polydrug, not established as 7-OH alone

05 — What This Page Is Actually Asking For

The alcohol-and-tobacco model, applied to 7-OH

Not an emergency ban. The same regulatory model already applied to far more dangerous, fully legal products.

Below is HAVEN Access's proposed regulatory framework for enhanced kratom alkaloid products, quoted directly. This is their draft, not this page's invention — it's presented here because it's a concrete example of what "regulate instead of ban" actually looks like in practice.

No potency caps

"We specifically rejected alkaloid percentage caps, especially 2% caps, because those function like a practical ban. Instead, products must disclose alkaloid content clearly on the label."

Testing

"Every batch needs testing for alkaloid content and solvents. The state can also do random testing for solvents, heavy metals, label accuracy, and fungal contamination."

Chain of custody

"Producers and sellers need records showing where material came from, how it was processed, and how it moved through the supply chain."

Registration

"Businesses selling or producing kratom products must register. Existing businesses get a grace period, but testing requirements start immediately."

Facility standards

"Products must be handled in clean, dedicated facilities with basic safety standards, inventory controls, labels, PPE, and documentation."

Age limit

"21+ only."

Retail / online

"Brick-and-mortar sales allowed only in dedicated stores with ID checks at entry. Online sales allowed with real age verification."

Packaging and warnings

"Child-resistant packaging and clear dependence/addiction warnings."

Tax

"A 6% tax, with funds directed toward addiction treatment and an independent random-testing program."

Penalties

"Fines scaled to revenue for failed tests, lack of registration, or noncompliance."

Imports

"Imported 7-OH or alkaloids are allowed if they have chain-of-custody documentation and testing."

Marketing rules

"No child-appeal marketing and no pharma-style names like 'perks,' 'tabs,' or anything designed to imitate prescription drugs."

Agency structure

"Use an existing agency if possible, rather than creating a new bureaucracy. Authority should be limited to the Act so regulators cannot endlessly expand control."

Read HAVEN Access's draft regulations

The Bottom Line

Regulate the risk. Don't ban the choice.

The same government that licenses tobacco and alcohol at every corner is moving to emergency-ban a substance with a far smaller documented harm record. That inconsistency is the record this page lays out — not a claim that 7-OH is risk-free.

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