Is 9-OH Legal in District of Columbia? (2026)

Instrument

Schedule I enumerated: unclassified novel psychoactive substances, (Kratom) 7-hydroxymitragynine

Source

https://dcregs.dc.gov/Common/NoticeDetail.aspx?NoticeId=N0061279

Retrieved

2026-10-29

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Subsection 1201.1 is amended by adding two new paragraphs (g) and (h) to read as follows:

(h)	Unclassified novel psychoactive substances

(1)	(2-AI, 2-aminoindane) 2,3-dihydro-1H-inden-2-amine;

(2)	(2-FMA) 2-fluoromethamphetamine; OR (RS)-1-(2-fluorophenyl)-N-methylpropan-2-amine; N-Methyl-1-(3-fluorophenyl)propan-2- amine;

(3)	(2-MeO-ketamine) methoxyketamine;

(4)	(3-HO-PCE) 3-[1-(ethylamino) cyclohexyl]phenol;

(5)	(3-HO-PCP) 3-hydroxyphencyclidine (3-MeO-PCE) 3-Methoxyeticyclidine;

(6)	(3-MeO-PCP) 1-[1-(3-methoxyphenyl)cyclohexyl]-piperidine; OR 3-methoxyphencyclidine;

(7)	(4-FMA) 4-fluoromethamphetamine; OR (RS)-1-(4-fluorophenyl)-N-methylpropan-2-amine; N-Methyl-1-(4-fluorophenyl)propan-2-amine;

(8)	(4-MeO-PCP, methoxydine) 4-Methoxyphencyclidine; OR 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine;

(9)	(5-IAI) 5-Iodo-2-aminoindane; OR 5-iodo-2,3-dihydro-1H-inden-2-amine;

(10)	(5-ME) 5-methyl-ethylone;

(11)	(BTCP) Benzothiophenylcyclohexylpiperidine;

(12)	(DBP, DBZP) 1,4-Dibenzylpiperazine;

(13)	(Ethyl-ketamine) 2-(2-chlorophenyl)-2-(ethylamino)cyclohexanone;

(14)	(Fluoromethamphetamine);

(15)	(Fluorophenylpiperazine; pFPP; 4-FPP; fluoperazine; flipiperazine)  Para-fluorophenylpiperazine; OR 1-(4-fluorophenyl)piperazine;

(16)	(Kratom) 7-hydroxymitragynine;

Instrument

Administration; Treatment of controlled substance analogues

Source

https://code.dccouncil.gov/us/dc/council/code/titles/48/chapters/9/index.full.html

Retrieved

2026-10-29

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§ 48–902.01. Administration.

(a)
 The Mayor shall administer this chapter and, with provision for public notice and comment, may add substances to or delete or reschedule all substances enumerated in the schedules in
§ 48-902.04
,
§ 48-902.06
,
§ 48-902.08
,
§ 48-902.10
 or
§ 48-902.12
 pursuant to
subchapter I of Chapter 5 of Title 2
 and pursuant to the procedures set forth in this chapter. In making a determination regarding a substance, the Mayor shall consider the following:

(1)
 The actual or relative potential for abuse;

(2)
 The scientific evidence of its pharmacological effect, if known;

(3)
 The state of current scientific knowledge regarding the substance;

(4)
 The history and current pattern of abuse;

(5)
 The scope, duration, and significance of abuse;

(6)
 The risk to the public health;

(7)
 The potential of the substance to produce psychological or physiological dependence; and

(8)
 Whether the substance is an immediate precursor of a substance already controlled under this subchapter.

(b)
 After considering the factors enumerated in subsection (a) of this section and after complying with
subchapter I of Chapter 5 of Title 2
, the Mayor shall make findings with respect to the factors and issue a rule either controlling the substance if the Mayor finds that the substance has a potential for abuse or deleting the substance if the Mayor finds that the substance does not have a potential for abuse.

(c)
 If the Mayor designates a substance as an immediate precursor, substances which are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.

(d)
 If any substance is designated, rescheduled, or deleted as a controlled substance under federal law, the Mayor may similarly designate, reschedule, or delete the controlled substance under this chapter, or may otherwise designate, reschedule or delete as a controlled substance pursuant to subsections (a) and (b) of this section.

(e)
 Authority to control under this section does not extend to tobacco or to distilled spirits, wine, or malt beverages, as those terms are defined or used in
§ 25-103
.

      (
Aug. 5, 1981, D.C. Law 4-29, § 201, 28 DCR 3081
;
Aug. 1, 1985, D.C. Law 6-15, § 5, 32 DCR 3570
;
July 24, 1998, D.C. Law 12-136, § 2(a), 45 DCR 2942
;
June 19, 2013, D.C. Law 19-320, § 301(a), 60 DCR 3390

§ 48–902.14. Treatment of controlled substance analogues.

(a)
 A controlled substances analogue shall, to the extent intended for human consumption, be treated for the purposes of any District of Columbia law as a controlled substance in Schedule I.

(b)
 Except as provided in subsection (c) of this section, the term “controlled analogue” means:

(1)
 a substance with a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II;

(2)
 A substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central system of a controlled substance in Schedule I or II; or

(3)
 A substance that, with respect to a particular person, is represented to have or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of  a controlled substance in Schedule I or II.

(c)
 Such term does not include:

(1)
 A controlled substance;

(2)
 Any substance for which there is an approved new drug application;

(3)
 With respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 505 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1052, 21 U.S.C. § 355) to the extent conduct with respect to such substance is pursuant to such exemption; or

(4)
 Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

      (
August 5, 1981, D.C. Law 4-29, § 214
;
as added May 9, 2000, D.C. Law 13–99, § 2(b), 47 DCR 791

Instrument

Treatment of controlled substance analogues

Source

https://code.dccouncil.gov/us/dc/council/code/sections/48-902.14

Retrieved

2026-11-08

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18a06d28b22b45de

§ 48–902.14. Treatment of controlled substance analogues.

(a)
A controlled substances analogue shall, to the extent intended for human consumption, be treated for the purposes of any District of Columbia law as a controlled substance in Schedule I.

(b)
Except as provided in subsection (c) of this section, the term “controlled analogue” means:

(1)
a substance with a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II;

(2)
A substance that has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central system of a controlled substance in Schedule I or II; or

(3)
A substance that, with respect to a particular person, is represented to have or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

(c)
Such term does not include:

(1)
A controlled substance;

(2)
Any substance for which there is an approved new drug application;

(3)
With respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under § 505 of the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938 (52 Stat. 1052, 21 U.S.C. § 355) to the extent conduct with respect to such substance is pursuant to such exemption; or

(4)
Any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance.

Instrument

DC Schedule I - kratom/7-OH/pseudoindoxyl/speciociliatine ABSENT (all legal)

Source

https://code.dccouncil.gov/us/dc/council/code/sections/48-902.04

Retrieved

2026-07-07

Fingerprint

0a308e4df4f17b4e

D.C. Official Code Sec. 48-902.04 (Schedule I enumerated). Opiate class (1) is a closed NAMED list (“any of the following opiates, including their isomers, esters, ethers, salts...”) that does NOT include mitragynine, 7-hydroxymitragynine, mitragynine pseudoindoxyl, or speciociliatine. Hallucinogen class (3) ("any material...which contains any quantity of the following hallucinogenic substances, its salts, isomers and salts of isomers...") runs alphabetically ...Lysergic acid diethylamide; Methoxetamine; Mescaline; Peyote... with NO "Mitragynine" entry at the M slot. DC Schedule I has NO general controlled-substance-analogue catch-all (only Synthetic Cathinones = 2-amino-1-propanone structures, and Synthetic Cannabimimetic Agents = cannabinoid-receptor agonists, neither of which reaches indole alkaloids). A full-text search of Sec. 48-902.04 for mitragynine / kratom / 7-hydroxy / pseudoindoxyl / speciociliatine returns ZERO matches. DC has enacted no Kratom Consumer Protection Act.