As of November 8, 2026, 9-OH (9-hydroxycorynantheidine) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Colorado. Kratom act bars semi-synthesized alkaloids, which fits O-demethylated 9-OH, but its kratom product definition excludes them (C.R.S. 6-1-740). Controlling source: C.R.S. 6-1-740 (Kratom, deceptive trade practice, definitions), Colorado Revised Statutes 2026, Title 6.
Verified November 8, 2026 · confidence: under reviewIs 9-OH Legal? Every state and federal law
Colorado has not scheduled 9-OH, mitragynine, 7-hydroxymitragynine or kratom: C.R.S. 18-18-203 lists no kratom alkaloid, and under C.R.S. 18-18-201 the general assembly adds Schedule I substances by bill, so federal scheduling is not adopted automatically. The Daniel Bregger Act (SB 25-072, C.R.S. 6-1-740, effective 2025-05-29) bars manufacturing, packaging, labeling or distributing a kratom product that contains synthesized or semi-synthesized alkaloids, and selling an adulterated kratom product, which includes one with an added synthesized or semi-synthesized alkaloid. A 9-OH product made by O-demethylating mitragynine fits the semi-synthesized alkaloid definition (an alkaloid contained in a kratom leaf extract exposed to chemicals or processes that confer a structural change, leaving chemically altered material), and also the synthesized alkaloid definition (created by chemical synthesis rather than traditional food preparation). Reach still turns on a definition: kratom product covers a food or dietary supplement with leaf, extract or any kratom alkaloid 'and does not include any synthesized alkaloids or semi-synthesized alkaloids'. Read one way, the product is a prohibited kratom product; read the other way, it falls outside the act. The Attorney General's August 2025 public advisory describes the act as prohibiting kratom products that contain synthetic or semi-synthetic alkaloids. The remedy is a deceptive trade practice under the Colorado Consumer Protection Act. Where the act applies it also requires sale only to persons 21 and older, a retail label (ingredients, warnings, serving directions, mitragynine and 7-OH per serving), no confection, candy-like or child-appealing form, nothing combustible or for vaporization, and 7-OH at no more than 2 percent of the alkaloid fraction. Separately, C.R.S. 18-13-132 makes furnishing a kratom product to anyone under 21 a civil infraction and defines kratom product to include a synthetic material containing mitragynine or 7-hydroxymitragynine, which reaches a tablet or liquid with residual mitragynine or trace 7-OH. The state analog definition (C.R.S. 18-18-102(6)) needs a Schedule I or II anchor, and no kratom alkaloid is listed. 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.
"Kratom product" means a food or dietary supplement that consists of, or contains, any part of a kratom leaf, a kratom leaf extract, or any kratom alkaloid, kratom constituent, or kratom metabolite and does not include any synthesized alkaloids or semi-synthesized alkaloids. ... “Semi-synthesized alkaloid” means an alkaloid or alkaloid derivative contained in a kratom leaf extract that has been exposed to chemicals or processes that would confer a structural change in the alkaloids, such as oxidation, reduction, and ring opening and closing, resulting in material that has been chemically altered. ... Manufacture, package, label, or distribute a kratom product that: (I) Contains synthesized alkaloids or semi-synthesized alkaloids; ... "kratom product" means any product or ingredient containing: (a) Any part of the leaf of the Mitragyna speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or (b) A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
Among Colorado’s 7 neighbors, Nebraska is illegal; Arizona, Kansas, New Mexico, Oklahoma, Utah and Wyoming are gray area.
Open the interactive map · Every compound in Colorado · Where 9-OH is banned · Embed this map
Not federally scheduled. Not federally scheduled: absent from 21 CFR 1308.11 and every DEA kratom-alkaloid order and notice; Analogue Act exposure is interpretive Federal detail
3 instruments on file for this compound’s framework in Colorado; 4 of 4 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
e701a4b0a1b202e96-1-740. Kratom - deceptive trade practice - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES: (a) "ADULTERATED" MEANS THE ADDITION OF FENTANYL OR ANY OTHER CONTROLLED SUBSTANCE, A SYNTHESIZED ALKALOID OR SEMI-SYNTHESIZED ALKALOID, OR ANOTHER SUBSTANCE PROHIBITED BY LAW. ________ Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from existing law and such material is not part of the act. (b) “ALKALOID FRACTION” MEANS A PORTION OF A PLANT OR PLANT EXTRACT THAT CONTAINS PRIMARILY ALKALOID COMPOUNDS. (c) “CONTROLLED SUBSTANCE” MEANS A SUBSTANCE LISTED IN PART 2 OF ARTICLE 18 OF TITLE 18. (d) “KRATOM LEAF” MEANS THE LEAF OF THE MITRAGYNA SPECIOSA PLANT, IN FRESH, DEHYDRATED, OR DRIED FORM. (e) "KRATOM LEAF EXTRACT" MEANS THE MATERIAL EXTRACTED FROM A KRATOM LEAF THROUGH THE APPLICATION OF A SOLVENT CONSISTING OF WATER, ETHANOL, FOOD-GRADE CARBON DIOXIDE, OR ANOTHER SOLVENT ALLOWED BY FEDERAL OR STATE LAW TO BE USED IN THE MANUFACTURING OF A FOOD INGREDIENT. (f) "KRATOM PRODUCT" MEANS A FOOD OR DIETARY SUPPLEMENT THAT CONSISTS OF, OR CONTAINS, ANY PART OF A KRATOM LEAF, A KRATOM LEAF EXTRACT, OR ANY KRATOM ALKALOID, KRATOM CONSTITUENT, OR KRATOM METABOLITE AND DOES NOT INCLUDE ANY SYNTHESIZED ALKALOIDS OR SEMI-SYNTHESIZED ALKALOIDS. (g) “SEMI-SYNTHESIZED ALKALOID” MEANS AN ALKALOID OR ALKALOID DERIVATIVE CONTAINED IN A KRATOM LEAF EXTRACT THAT HAS BEEN EXPOSED TO CHEMICALS OR PROCESSES THAT WOULD CONFER A STRUCTURAL CHANGE IN THE ALKALOIDS, SUCH AS OXIDATION, REDUCTION, AND RING OPENING AND CLOSING, RESULTING IN MATERIAL THAT HAS BEEN CHEMICALLY ALTERED. (h) "SYNTHESIZED ALKALOID" MEANS AN ALKALOID OR ALKALOID DERIVATIVE OF THE KRATOM LEAF THAT HAS BEEN CREATED BY CHEMICAL SYNTHESIS OR BIOSYNTHETIC MEANS, INCLUDING FERMENTATION, RECOMBINANT TECHNIQUES, YEAST-DERIVED TECHNIQUES, AND ENZYMATIC TECHNIQUES, RATHER THAN BY TRADITIONAL FOOD PREPARATION TECHNIQUES SUCH AS HEATING OR EXTRACTING. (2) A PERSON SHALL NOT: (a) KNOWINGLY PREPARE, DISTRIBUTE, ADVERTISE, SELL, OR OFFER TO SELL A KRATOM PRODUCT: PAGE 2-SENATE BILL 25-072 (I) THAT IS ADULTERATED; (II) TO A PERSON UNDER TWENTY-ONE YEARS OF AGE; (III) THAT CONTAINS A LEVEL OF 7-HYDROXYMITRAGYNINE IN THE ALKALOID FRACTION THAT IS GREATER THAN TWO PERCENT OF THE ALKALOID COMPOSITION OF THE KRATOM PRODUCT; (IV) THAT IS A CONFECTION; MIMICS A CANDY PRODUCT; OR IS MANUFACTURED, PACKAGED, LABELED, OR DISTRIBUTED IN A WAY THAT IS APPEALING TO CHILDREN, INCLUDING IN THE DISTINCT SHAPE OF A HUMAN, AN ANIMAL, OR FRUIT; OR (V) THAT IS COMBUSTIBLE OR INTENDED FOR VAPORIZATION; (b) PREPARE, DISTRIBUTE, ADVERTISE, SELL, OR OFFER TO SELL A KRATOM PRODUCT THAT DOES NOT HAVE A LABEL THAT CLEARLY AND CONSPICUOUSLY SETS FORTH ON EACH RETAIL PACKAGE: (I) THE NAME AND ADDRESS FOR THE PLACE OF BUSINESS OF THE MANUFACTURER OR DISTRIBUTOR OF THE KRATOM PRODUCT; (II) THE FULL LIST OF INGREDIENTS IN THE KRATOM PRODUCT; (III) DISCLOSURE AND ADVICE: (A) AGAINST USE BY INDIVIDUALS WHO ARE UNDER TWENTY-ONE YEARS OF AGE, PREGNANT, OR BREASTFEEDING; (B) TO CONSULT A HEALTH-CARE PROFESSIONAL PRIOR TO USE; (C) THAT KRATOM MAY BE HABIT FORMING; AND (D) THAT KRATOM MAY INTERACT WITH CERTAIN MEDICATIONS, DRUGS, AND CONTROLLED SUBSTANCES; (IV) THE FOLLOWING STATEMENTS: (A) "THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, PAGE 3-SENATE BILL 25-072 TREAT, CURE, OR PREVENT ANY DISEASE."; AND (B) “KEEP OUT OF REACH OF CHILDREN.”; AND (V) DIRECTIONS FOR USE THAT INCLUDE: (A) A RECOMMENDED AMOUNT OF THE KRATOM PRODUCT PER SERVING; (B) THE NUMBER OF RECOMMENDED SERVINGS PER PACKAGE; (C) A RECOMMENDED NUMBER OF SERVINGS OF THE KRATOM PRODUCT THAT CAN BE SAFELY CONSUMED IN A TWENTY-FOUR-HOUR PERIOD; AND (D) QUANTITATIVE DECLARATIONS OF THE AMOUNT OF MITRAGYNINE AND THE AMOUNT OF 7-HYDROXYMITRAGYNINE PER SERVING OF THE KRATOM PRODUCT; (c) DISPLAY OR STORE KRATOM PRODUCTS IN A RETAIL LOCATION IN A MANNER THAT WILL ALLOW THE PRODUCTS TO BE ACCESSED BY INDIVIDUALS UNDER TWENTY-ONE YEARS OF AGE; OR (d) MANUFACTURE, PACKAGE, LABEL, OR DISTRIBUTE A KRATOM PRODUCT THAT: (I) CONTAINS SYNTHESIZED ALKALOIDS OR SEMI-SYNTHESIZED ALKALOIDS; OR (II) HAS A LEVEL OF 7-HYDROXYMITRAGYNINE IN THE ALKALOID FRACTION THAT IS GREATER THAN TWO PERCENT OF THE ALKALOID COMPOSITION OF THE PRODUCT. (3) A PERSON THAT CONDUCTS THE ACTIVITIES DESCRIBED IN SUBSECTION (2) OF THIS SECTION ENGAGES IN A DECEPTIVE TRADE PRACTICE.
5f387c26e7fb1b8e6-1-740. Kratom - deceptive trade practice - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Adulterated" means the addition of fentanyl or any other controlled substance, a synthesized alkaloid or semi-synthesized alkaloid, or another substance prohibited by law. (b) “Alkaloid fraction” means a portion of a plant or plant extract that contains primarily alkaloid compounds. (c) “Controlled substance” means a substance listed in part 2 of article 18 of title 18. (d) “Kratom leaf” means the leaf of the Mitragyna speciosa plant, in fresh, dehydrated, or dried form. (e) "Kratom leaf extract" means the material extracted from a kratom leaf through the application of a solvent consisting of water, ethanol, food-grade carbon dioxide, or another solvent allowed by federal or state law to be used in the manufacturing of a food ingredient. (f) "Kratom product" means a food or dietary supplement that consists of, or contains, any part of a kratom leaf, a kratom leaf extract, or any kratom alkaloid, kratom constituent, or kratom metabolite and does not include any synthesized alkaloids or semi-synthesized alkaloids. (g) “Semi-synthesized alkaloid” means an alkaloid or alkaloid derivative contained in a kratom leaf extract that has been exposed to chemicals or processes that would confer a structural change in the alkaloids, such as oxidation, reduction, and ring opening and closing, resulting in material that has been chemically altered. (h) "Synthesized alkaloid" means an alkaloid or alkaloid derivative of the kratom leaf that has been created by chemical synthesis or biosynthetic means, including fermentation, recombinant techniques, yeast-derived techniques, and enzymatic techniques, rather than by traditional food preparation techniques such as heating or extracting. (2) A person shall not: (a) Knowingly prepare, distribute, advertise, sell, or offer to sell a kratom product: (I) That is adulterated; (II) To a person under twenty-one years of age; (III) That contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the kratom product; (IV) That is a confection; mimics a candy product; or is manufactured, packaged, labeled, or distributed in a way that is appealing to children, including in the distinct shape of a human, an animal, or fruit; or (V) That is combustible or intended for vaporization; (b) Prepare, distribute, advertise, sell, or offer to sell a kratom product that does not have a label that clearly and conspicuously sets forth on each retail package: (I) The name and address for the place of business of the manufacturer or distributor of the kratom product; (II) The full list of ingredients in the kratom product; (III) Disclosure and advice: (A) Against use by individuals who are under twenty-one years of age, pregnant, or breastfeeding; (B) To consult a health-care professional prior to use; (C) That kratom may be habit-forming; and (D) That kratom may interact with certain medications, drugs, and controlled substances; (IV) The following statements: (A) "These statements have not been evaluated by the food and drug administration. This product is not intended to diagnose, treat, cure, or prevent any disease."; and (B) “Keep out of reach of children.”; and (V) Directions for use that include: (A) A recommended amount of the kratom product per serving; (B) The number of recommended servings per package; (C) A recommended number of servings of the kratom product that can be safely consumed in a twenty-four-hour period; and (D) Quantitative declarations of the amount of mitragynine and the amount of 7-hydroxymitragynine per serving of the kratom product; (c) Display or store kratom products in a retail location in a manner that will allow the products to be accessed by individuals under twenty-one years of age; or (d) Manufacture, package, label, or distribute a kratom product that: (I) Contains synthesized alkaloids or semi-synthesized alkaloids; or (II) Has a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the product. (3) A person that conducts the activities described in subsection (2) of this section engages in a deceptive trade practice. 18-13-132. Furnishing kratom products to persons under twenty-one years of age - definition. (1) (a) A person shall not give, sell, distribute, dispense, or offer for sale a kratom product to any person who is under twenty-one years of age. (b) Before giving, selling, distributing, dispensing, or offering to sell to an individual any kratom product, a person shall request from the individual and examine a government-issued photographic identification that establishes that the individual is twenty-one years of age or older. (c) A person who violates subsection (1)(a) or (1)(b) of this section commits a civil infraction and, upon conviction thereof, shall be punished by a fine of two hundred dollars, notwithstanding the provisions of section 18-1.3-503. (d) It is an affirmative defense to a prosecution under subsection (1)(a) of this section that the person furnishing the kratom product was presented with and reasonably relied upon a government-issued photographic identification that identified the individual receiving the kratom product as being twenty-one years of age or older. (2) (a) Nothing in this section prohibits a statutory or home rule municipality, county, or city and county from enacting an ordinance or resolution that prohibits the sale of any kratom products to persons under twenty-one years of age or imposes requirements more stringent than provided in this section. (b) A statutory or home rule municipality, county, or city and county shall not enact an ordinance or resolution that establishes a minimum age to purchase kratom products that is under twenty-one years of age. (3) As used in this section, "kratom product" means any product or ingredient containing: (a) Any part of the leaf of the Mitragyna speciosa plant if the plant contains the alkaloid mitragynine or 7-hydroxymitragynine; or (b) A synthetic material that contains the alkaloid mitragynine or 7-hydroxymitragynine.
336f0b85d37da43f6-1-737. Kratom - deceptive trade practice - definitions. (1) Definitions: "adulterated" = addition of fentanyl or any other controlled substance, a synthesized or semi-synthesized alkaloid, or another prohibited substance; "kratom product" = a food or dietary supplement that consists of or contains any part of a kratom leaf, a kratom leaf extract, or any kratom alkaloid/constituent/metabolite and does not include any synthesized or semi-synthesized alkaloids; “semi-synthesized alkaloid” = an alkaloid ... exposed to chemicals or processes that would confer a structural change ... such as oxidation, reduction, and ring opening and closing ...; "synthesized alkaloid" = created by chemical synthesis or biosynthetic means ... (2) A person shall not: (a) knowingly prepare, distribute, advertise, sell, or offer to sell a kratom product: (I) that is adulterated; (II) to a person under twenty-one years of age; (III) that contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the alkaloid composition of the kratom product; (IV) that is a confection; mimics a candy product; or is ... appealing to children ...; or (V) that is combustible or intended for vaporization; (b) [labeling requirements incl. quantitative declarations of mitragynine and 7-OH per serving]; (c) display/store accessible to under-21; or (d) manufacture/package/label/distribute a kratom product that: (I) contains synthesized or semi-synthesized alkaloids; or (II) has a level of 7-hydroxymitragynine in the alkaloid fraction greater than two percent of the alkaloid composition. (3) [violation = deceptive trade practice]. Companion: 18-13-132 (furnishing to under-21).
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