Not federally scheduled: absent from 21 CFR 1308.11 and every DEA kratom-alkaloid order and notice; Analogue Act exposure is interpretive
Verified November 8, 20269-OH (9-hydroxycorynantheidine, also 9-O-demethylmitragynine) is not a federally controlled substance. It is not listed in 21 CFR 1308.11 (eCFR text current to 2026-11-05), whose only kratom alkaloid entries are the temporary listings in paragraph (h)(89) to (91) for mitragynine pseudoindoxyl, MGM-15 and MGM-16 placed by DEA temporary order FR Doc. 2026-17429 (91 FR 54948, effective 2026-08-26). It is not named in that order, in the July 6, 2026 notice FR Doc. 2026-13581, or in the October 14, 2026 notices FR Doc. 2026-20942 (MGM-15 and MGM-16) and FR Doc. 2026-20943 (91 FR 65370, 7-hydroxymitragynine and mitragynine pseudoindoxyl above a threshold). Federal Register full-text searches on 2026-11-08 for hydroxycorynantheidine, 9-hydroxycorynantheidine, 9-OH-corynantheidine, 9-O-demethylmitragynine and demethylmitragynine returned 0 documents; corynantheidine appears only in bibliography entries of the DEA documents. The 2026-20943 notice says its temporary order will not issue until 30 days after publication, so not before 2026-11-13. As noticed, that order would reach material in which 7-hydroxymitragynine alone or combined with mitragynine pseudoindoxyl is above 1 milligram per gram (solids) or 1 milligram per milliliter (liquids), or in which the mass of mitragynine divided by the 7-hydroxymitragynine mass is less than 100. It does not name 9-OH, but a semi-synthetic 9-OH product that carries trace 7-hydroxymitragynine with little remaining mitragynine could meet the ratio test once the order issues. The Federal Analogue Act (21 U.S.C. 802(32), 813) treats a substance intended for human consumption that is substantially similar in structure and effect to a schedule I or II substance as schedule I; no court decision, DEA statement or scheduling document applies it to 9-OH, so that exposure is interpretive. FDA treats kratom and its alkaloids as unapproved food and dietary supplement ingredients, a separate enforcement vector. Because 9-OH is not on the federal schedules, state laws that adopt federal scheduling automatically do not capture it, and there is no federal overlay on the state rows.
(h) Temporary listing of substances subject to emergency scheduling. Any material, compound, mixture or preparation which contains any quantity of the following substances: ... (89) Methyl (E)-2-((1′S,6′S,7′S)-6′-ethyl-4-methoxy-3-oxo-3′,5′,6′,7′,8′,8a′-hexahydro-2′H-spiro[indoline-2,1′-indolizine]-7′-yl)-3-methoxyacrylate (commonly known as mitragynine pseudoindoxyl) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible.
fa16cebdc1144cd6For the reasons set out above, DEA amends 21 CFR part 1308 as follows: PART 1308--SCHEDULES OF CONTROLLED SUBSTANCES 0 1. The authority citation for part 1308 continues to read as follows: Authority: 21 U.S.C. 811, 812, 871(b), 956(b), unless otherwise noted. 0 2. In Sec. 1308.11, add paragraphs (h)(89) through (91) to read as follows: Sec. 1308.11 Schedule I. * * * * * (h) * * * ------------------------------------------------------------------------ * * * * * * * (89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672 3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'- indolizine]-7'-yl)-3-methoxyacrylate (commonly known as mitragynine pseudoindoxyl) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible. Since nomenclature of this substance is not internationally standardized, compounds of this structure, regardless of numerical designation of atomic positions are covered (90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673 methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3- a]quinolizin-2-yl)-3-methoxyacrylate (commonly known as MGM- 15; also known as dihydro-7-hydroxymitragynine) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible. Since nomenclature of this substance is not internationally standardized, compounds of this structure, regardless of numerical designation of atomic positions are covered (91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674 hydroxy-8- methoxy-1,2,3,4,6,7,7a,12,12a,12b- decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (commonly known as MGM-16; also known as 9-fluoro-dihydro-7- hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine (depending on numbering convention)) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible. Since nomenclature of this substance is not internationally standardized, compounds of this structure, regardless of numerical designation of atomic positions are covered ------------------------------------------------------------------------
753842c4cd890452(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673 methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3- a]quinolizin-2-yl)-3-methoxyacrylate (commonly known as MGM- 15; also known as dihydro-7-hydroxymitragynine) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible. Since nomenclature of this substance is not internationally standardized, compounds of this structure, regardless of numerical designation of atomic positions are covered
78d1ca95da6494c6(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674 hydroxy-8- methoxy-1,2,3,4,6,7,7a,12,12a,12b- decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate (commonly known as MGM-16; also known as 9-fluoro-dihydro-7- hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine (depending on numbering convention)) including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible. Since nomenclature of this substance is not internationally standardized, compounds of this structure, regardless of numerical designation of atomic positions are covered
4d9abc695447adae(32)(A) Except as provided in subparagraph (C), the term "controlled substance analogue" means a substance— (i) the chemical structure of which is substantially similar to the chemical structure of a controlled substance in schedule I or II; (ii) which 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 nervous system of a controlled substance in schedule I or II; or (iii) with respect to a particular person, which such person represents or intends 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. (B) The designation of gamma butyrolactone or any other chemical as a listed chemical pursuant to paragraph (34) or (35) does not preclude a finding pursuant to subparagraph (A) of this paragraph that the chemical is a controlled substance analogue. (C) Such term does not include— (i) a controlled substance; (ii) any substance for which there is an approved new drug application; (iii) with respect to a particular person any substance, if an exemption is in effect for investigational use, for that person, under section 355 of this title to the extent conduct with respect to such substance is pursuant to such exemption; or (iv) any substance to the extent not intended for human consumption before such an exemption takes effect with respect to that substance. (a) In general A controlled substance analogue shall, to the extent intended for human consumption, be treated, for the purposes of any Federal law as a controlled substance in schedule I.
9-OH (9-hydroxycorynantheidine) by state · How federal precedence works · Temporary scheduling
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