The Drug Enforcement Administration issued a temporary scheduling order, published at 91 FR 55252 (FR Doc. 2026-17531), placing four synthetic opioids in Schedule I of the Controlled Substances Act. The substances are 5,6-dichloro brorphine (SR-14968), 5,6-dichloro desmethylchlorphine (SR-17018), N-propionitrile chlorphine (cychlorphine), and spirochlorphine (R-6890), including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers. DEA Administrator Terrance C. Cole signed the order on 23 August 2026. It took effect on 27 August 2026, the date of publication in the Federal Register.
The order rests on 21 U.S.C. § 811(h), which authorises temporary Schedule I placement for two years when the Administrator finds that action necessary to avoid an imminent hazard to the public safety. It remains in effect until 27 August 2028 and may be extended by up to one year if permanent-scheduling proceedings under § 811(a)(1) are underway. DEA published a notice of intent on 1 July 2026 (91 FR 39940). By letter dated 10 April 2026, after a Food and Drug Administration review, the Assistant Secretary for Health of HHS advised that there were no approved new drug applications or investigational new drug applications for the four substances and stated that HHS had no objection to temporary placement in Schedule I.
DEA described the four compounds as mu-opioid receptor agonists pharmacologically similar to brorphine, fentanyl, and morphine. The order states that they appear primarily in powder and also in capsule, liquid, paste, rock, and tablet form, and that common routes of administration include oral consumption, inhalation including vaping, and injection. Law enforcement and toxicological reports cited in the order co-identify the substances with other drugs, including fentanyl, xylazine, and medetomidine.
NFLIS-Drug, queried on 18 May 2026, registered 265 reports across 21 states: 225 encounters of N-propionitrile chlorphine in 19 states since 2022; 36 of spirochlorphine in 6 states since 2025; and 2 encounters each of 5,6-dichloro brorphine and 5,6-dichloro desmethylchlorphine, each in 2 states since 2025. DEA’s Toxicology Testing Program, through 18 May 2026, positively identified N-propionitrile chlorphine in 49 fatalities (28 male, 21 female, ages 18–66). In five of those cases the substance was detected at low levels, either alone or with other substances at negligible concentrations.
The amendment adds 21 CFR 1308.11(h)(92) through (95), with DEA codes 9097, 9096, 9094, and 9093. From 27 August 2026, unregistered possession, manufacture, distribution, importation, or exportation is unlawful, and Schedule I handling controls apply. A person already registered to research another Schedule I substance who is conducting research on these four may continue that research if a completed application to register or modify registration is submitted within 90 calendar days of that date. Temporary scheduling orders are not subject to judicial review under 21 U.S.C. § 811(h)(6). DEA stated that the notice-and-comment requirements of the Administrative Procedure Act do not apply because § 811(h) directs issuance by order rather than by rule, and that the action is not a significant regulatory action under Executive Order 12866.