Is 9-OH (9-hydroxycorynantheidine) Legal in Delaware? (2026)

Is 9-OH Legal? Every state and federal law

Rule type

permanent

Tier

KCPA regulated

Effective

2026-09-08

What the record says

Delaware’s Kratom Consumer Protection Act (16 Del. C. ch. 30U, HS 1 for HB 332, 85 Del. Laws c. 478, signed 2026-09-08) defines kratom to include any compound of Mitragyna speciosa and any derivative or synthetic equivalent; kratom alkaloid as any indole based alkaloid naturally occurring in the plant; and kratom product as a product for human consumption in any form, expressly including liquid, pill, tablet and shot, containing any alkaloid derived from Mitragyna speciosa or a substance manufactured to mimic a naturally occurring kratom alkaloid. 9-OH is an indole alkaloid that occurs naturally in the leaf. A semi-synthetic 9-OH made from plant-derived mitragynine is an alkaloid derived from the plant, and 9-OH made any other way is a substance manufactured to mimic one, so a 9-OH tablet or liquid is a kratom product with no definitional step. The act makes selling, furnishing or marketing kratom or kratom products to anyone under 21 a class B misdemeanor, and treats as marketing the use of cartoons, superheroes, video game references, youth food imagery, images of people who appear under 27, display where non-employees under 21 can reach the product, and claims of intoxication attractive to children. It sets no 7-OH cap and no labeling, testing or registration rule, and does not ban synthetic or semi-synthetic alkaloids. 16 Del. C. 4714 (Schedule I) lists no kratom alkaloid, and 16 Del. C. 4711 gives no automatic adoption of federal scheduling. SS 1 for SB 262, which would have added kratom to the controlled substances act, stayed in Senate committee and died when the General Assembly ended on 2026-06-30. The designer drug definition (16 Del. C. 4701(10)) reaches a substance that may produce an effect substantially similar to that of a controlled substance and lists substituted indoles as an example class; applying it to a kratom alkaloid that the 2026 act expressly regulates by age would take an interpretive step, so it does not set status. 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.

Controlling language, verbatim

(1) "Kratom" means any part of the plant Mitragyna speciosa L., whether growing or not, including the seeds, leaves, stems, roots, extracts, resins, and compounds thereof, and any salt, compound, derivative, mixture, preparation, synthetic equivalent, isomer, or salt of an isomer thereof. ... (2) "Kratom alkaloid" means any indole based alkaloid naturally occurring in Mitragyna speciosa, including mitragynine and 7 hydroxymitragynine, and any salt, isomer, or salt of an isomer of such an alkaloid. ... (3) "Kratom product" means a product meant for human consumption, in any form, including liquid, pill, capsule, tablet, powder, gummy, shot, beverage, or products marketed for human consumption, containing any part of the leaf of the plant Mitragyna speciosa, any alkaloid derived from Mitragyna speciosa, or substance manufactured to mimic any naturally occurring alkaloid from the plant Mitragyna speciosa, or any combination of such substances. ... (a) A person is guilty of selling, providing, or marketing kratom or kratom products to a minor if the person sells, otherwise furnishes, or markets kratom or kratom products to a person under 21 years of age. ... (a) The controlled substances listed in this section are included in Schedule I.

Source of excerpt

Citations

1. 16 Del. C. ch. 30U (Kratom Consumer Protection Act), 3001U-3002U (Delaware General Assembly, Delaware Code Online, 2026-11-08) PRIMARYOFFICIAL
2. HS 1 for HB 332 (153rd General Assembly), bill detail (Delaware General Assembly, 2026-11-08)OFFICIAL
3. 16 Del. C. ch. 47 subch. II (4711, 4713, 4714 Schedule I) (Delaware General Assembly, Delaware Code Online, 2026-11-08)OFFICIAL
4. 16 Del. C. 4701(10) designer drug definition (Delaware General Assembly, Delaware Code Online, 2026-11-08)OFFICIAL
5. SS 1 for SB 262 (153rd General Assembly), bill detail (Delaware General Assembly, 2026-11-08)OFFICIAL

Where 9-OH (9-hydroxycorynantheidine) stands across the country

Among Delaware’s 3 neighbors, Maryland, New Jersey and Pennsylvania are gray area.

Open the interactive map · Every compound in Delaware · Where 9-OH is banned · Embed this map

Federal posture

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

Verbatim law on file for Delaware

1 instrument on file for this compound’s framework in Delaware; 5 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

3001U. Definitions.

For the purposes of this chapter:

(1) "Kratom" means any part of the plant Mitragyna speciosa L., whether growing or not, including the seeds, leaves, stems, roots, extracts, resins, and compounds thereof, and any salt, compound, derivative, mixture, preparation, synthetic equivalent, isomer, or salt of an isomer thereof.

(2) "Kratom alkaloid" means any indole based alkaloid naturally occurring in Mitragyna speciosa, including mitragynine and 7 hydroxymitragynine, and any salt, isomer, or salt of an isomer of such an alkaloid.

(3) "Kratom product" means a product meant for human consumption, in any form, including liquid, pill, capsule, tablet, powder, gummy, shot, beverage, or products marketed for human consumption, containing any part of the leaf of the plant Mitragyna speciosa, any alkaloid derived from Mitragyna speciosa, or substance manufactured to mimic any naturally occurring alkaloid from the plant Mitragyna speciosa, or any combination of such substances.

3002U. Sale, provision, or marketing of kratom or kratom products to minors; penalties; class B misdemeanor.

(a) A person is guilty of selling, providing, or marketing kratom or kratom products to a minor if the person sells, otherwise furnishes, or markets kratom or kratom products to a person under 21 years of age.

(b) Marketing of kratom or a kratom product is the use of any of the following in the advertising, promotion, packaging, or labeling of kratom or a kratom product:

(1) A cartoon.

(2) A superhero.

(3) A video game reference.

(4) An image of a food product primarily intended for a minor.

(5) A trademark that imitates or mimics the trademark of a product that has been advertised or marketed primarily to a minor.

(6) A symbol or celebrity that is primarily associated with a minor or media primarily directed to a minor.

(7) An image of an individual who appears to be under the age of 27.

(8) Products stored or displayed in an area accessible to nonemployee individuals under 21.

(9) Claims of intoxication or changes in mental status that are attractive to children.

(c) In any prosecution for an offense under this chapter, it is an affirmative defense that the individual, who has not reached the age of 21 years, presented to the accused, identification, with a photograph of the individual affixed thereon, which presented information that would lead a reasonable person to believe the individual was 21 years of age or older.

(d) A violation of this section is classified as a class B misdemeanor.

Related

9-OH (9-hydroxycorynantheidine) in neighboring states

• 9-OH (9-hydroxycorynantheidine) in Maryland Gray area
• 9-OH (9-hydroxycorynantheidine) in New Jersey Gray area
• 9-OH (9-hydroxycorynantheidine) in Pennsylvania Gray area

Closest to 9-OH in Delaware

• 7-OH (7-Hydroxymitragynine) in Delaware Restricted
• Kratom (Whole Leaf / Mitragynine) in Delaware Restricted
• MGM-15 (dihydro-7-hydroxymitragynine) in Delaware Illegal
• Mitragynine Pseudoindoxyl in Delaware Illegal
• MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in Delaware Illegal
• Speciociliatine in Delaware Restricted

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