As of November 12, 2026, 9-OH (9-hydroxycorynantheidine) is legal to sell at retail with restrictions in Florida. Unscheduled since 2026-08-18, when rule 2ER26-2 dropped the 2ER26-1 listing; a kratom product under s. 500.92: age 21, FDACS permit and labeling. Controlling source: Fla. Stat. 500.92 (Florida Kratom Consumer Protection Act).
Verified November 12, 2026 (llm review) · confidence: confirmedIs 9-OH Legal? Every state and federal law
Florida named 9-OH in Schedule I from 2026-07-01 to 2026-08-17: Attorney General emergency rule 2ER26-1 (Fla. Stat. 893.03(1)(a), 893.035) listed 9-Hydroxycorynantheidine (9-O-Demethylmitragynine, 8-OH) together with 7-hydroxymitragynine, 10-hydroxycorynantheidine, mitragynine pseudoindoxyl, 7-acetoxymitragynine, MGM-15 and MGM-16. Emergency rule 2ER26-2 (Fla. Admin. Reg. Vol. 52, No. 162), effective 2026-08-18, superseded 2ER26-1 and lists only 7-acetoxymitragynine, MGM-15, MGM-16 and 7-hydroxymitragynine; it has no class, derivative or analog clause, and the words corynantheidine and demethylmitragynine do not appear in it. No later Attorney General kratom rule is on file (2ER26-3 to 2ER26-5 do not exist as of 2026-11-08). 9-OH is therefore not a controlled substance in Florida today. It remains a kratom product under Fla. Stat. 500.92(2), whose definition expressly includes a synthetic alkaloid or synthetically derived compound of the plant made as a powder, capsule, pill, beverage or other edible form, so a semi-synthetic tablet or liquid is covered: sale or delivery to anyone under 21 is a second-degree misdemeanor, and FDACS rule 5K-4.030 requires a food establishment permit, chapter 500 labeling with no disease claims, an age-21 sign, proof of age, age confirmation before delivery, and no vending machines. The FDACS 7-OH labeling emergency rule 5KER26-1 expired on 2026-06-16 and was not replaced. Trace 7-OH matters: under 2ER26-2 a product is Schedule I if it has more than 1 mg/g (solid) or 1 mg/mL (liquid) of 7-hydroxymitragynine or less than 100 parts mitragynine per part 7-hydroxymitragynine by mass, so a 9-OH product with any detectable 7-OH and little mitragynine fails the ratio. The Attorney General can add 9-OH back to Schedule I at any time by emergency rule (s. 893.035(7)), effective on filing and lasting until the June 30 after the next annual report unless the Legislature adopts it (s. 893.035(8), (9)). 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.
(2) As used in this section, the term "kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form. ... (3) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person who is under 21 years of age.
Among Florida's 2 neighbors, Alabama and Georgia are gray area.
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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 Florida; 7 of 7 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
0bb460448ed99295DEPARTMENT OF LEGAL AFFAIRS - Emergency Rule 2ER26-1. Rulemaking Authority s. 893.035 F.S.; Law Implemented s. 893.03, s. 893.035 F.S. History-New 7-1-26. Published Florida Administrative Register 6/24/2026, Vol. 52/122. Adopted on Attorney General James Uthmeier’s written findings of imminent hazard (filed with Secretary of State).
RULE TITLE (compounds added, with chemical designations): Addition of 7-Hydroxymitragynine (methyl (E)-2-[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate); 9-Hydroxycorynantheidine (9-O-Demethylmitragynine, “8-OH”); 10-Hydroxycorynantheidine ("10-OH"); Mitragynine pseudoindoxyl (Methyl (E)-2-[(2S,6'S,7'S,8'aS)-6'-ethyl-4-methoxy-3-oxospiro[1H-indole-2,1'-3,5,6,7,8,8a-hexahydro-2H-indolizine,-7'-yl]-3-methoxyprop-2-enoate); 7-Acetoxymitragynine; Dihydro-7-hydroxymitragynine ("MGM-15"); and 9-Fluoro-7-hydroxymitragynine ("MGM-16") TO SCHEDULE I, SUBSECTION 893.03(1)(a), F.S.
SUMMARY (verbatim): "The proposed emergency rule adds 7-hydroxymitragynine (\"7-OH\“), mitragynine pseudoindoxyl, 7-acetoxymitragynine, 8-hydroxymitragynine (\”8-OH\"), 10-hydroxymitragynine (\"10-OH\") dihydro-7-hydroxymitragynine (\"MGM-15\“) and 9-fluoro-7-hydroxymitragynine (\”MGM-16\") at a level above (a) 1 milligram per gram (mg/g) for solid or powdered products, including encapsulated materials; or (b) 1 milligram per milliliter (mg/mL) for liquid products, including beverages, extracts, and tinctures; and 7-Hydroxymitragynine, Mitragynine pseudoindoxyl, 7-acetoxymitragynine, 8-Hydroxymitragynine, 10-Hydroxymitragynine, MGM-15, and MGM-16 (or any combination thereof) with less than 100 parts mitragynine for every one part of 7-OH (including Mitragynine pseudoindoxyl, 7-acetoxymitragynine, 8-Hydroxymitragynine, 10-Hydroxymitragynine, MGM-15, and MGM-16) by mass to Schedule I, subsection 893.03(l)(a), F.S."
FINDINGS (verbatim): "In written findings published on the date this emergency rule was filed with the Secretary of State’s Office, Attorney General James Uthmeier has found that there is a need to schedule the above-mentioned substance in Schedule I, subsection 893.03(1)(a), F.S., on a temporary basis in order to curtail its abuse by Florida's children, young adults, and others. These circumstances present an imminent hazard to the public safety... The Legislature authorized the agency to adopt emergency rules to temporarily schedule substances in Schedule I, of section 893.03, F.S., pursuant to section 893.035(7), F.S."af6b104ff55b1148THE FULL TEXT OF THE EMERGENCY RULE IS: 2ER26-2 Addition of 7-Hydroxymitragynine (7-OH) - (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8- (methyl methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3- a]quinolizin-2-yl]-3-methoxyprop-2-enoate); 7- Acetoxymitragynine - Methyl (E)-2-[(2S,3S,7aS,12bS)-7a- acetyloxy-3-ethyl-8-methoxy-2,3,4,6,7,12b-hexahydro-1H- indolo[2, 3-a] quinolizin-2-yl]-3-methoxyprop-2-enoate; Dihydro-7-hydroxymitragynine (MGM-15) - (E)-methyl 2- ((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8-methoxy- 1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin- 9-Fluoro-7- 2-yl)-3-methoxyacrylate; hydroxymitragynine 2- (E)-methyl ((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a-hydroxy-8- methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3- a]quinolizin-2-yl)-3-methoxyacrylate; TO SCHEDULE I, SUBSECTION 893.03(1)(a), F.S. (MGM-16) and - (1) Under the authority of Section 893.035, F.S., the following substances are hereby controlled substances, added to Schedule I, subsection 893.03(1)(a), F,S.: 7-acetoxymitragynine - Methyl [(2S,3S,7aS,12bS)-7a-acetyloxy-3-ethyl-8-methoxy- 2,3,4,6,7,12b-hexahydro-1H-indolo[2, 3-a] quinolizin-2-yl]-3- methoxyprop-2-enoate; (E)-2- (a) (b) Dihydro-7-hydroxymitragynine (MGM-15) - (E)- 2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- methyl methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3- a]quinolizin-2-yl)-3-methoxyacrylate; and (c) 9-fluoro-7-hydroxymitragynine (MGM-16) - (E)- 2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- methyl hydroxy-8-methoxy-1,2,3,4,6,7,7a,12,12a,12b- decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate; (2) Under the authority of Section 893.035, F.S., the following substance is hereby a controlled substance, added to Schedule I, subsection 893.03(1)(a), F,S.: (7-OH) (a) 7-hydroxymitragynine (methyl (E)- - 2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy- 2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3- methoxyprop-2-enoate); such that (3) No product shall have an amount of 7- hydroxymitragynine greater than: (a) 1 milligram per gram (mg/g) for solid or powdered products, including encapsulated materials; or (b) 1 milligram per milliliter (mg/mL) for liquid products, including beverages, extracts, and tinctures; and (4) Any product containing 7-hydroxymitragynine must have at least 100 parts mitragynine for every one part of 7- hydroxymitragynine by mass. (5) All provisions of Chapter 893, F.S., applicable to controlled substances listed in Schedule I shall be applicable to the substances listed in subsections (1), (2), (3), and (4) above. Rulemaking Authority 893.035 FS. Law Implemented 893.03, 893.035 FS. History – New 8-18-26, Supersedes 2ER26-1. THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE. EFFECTIVE DATE: August 18, 2026
50aa7a6c865dd117500.92 500.92 Florida Kratom Consumer Protection Act. — (1) This section may be cited as the "Florida Kratom Consumer Protection Act." (2) As used in this section, the term "kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form. (3) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person who is under 21 years of age. (4) A violation of subsection (3) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . (5) The department shall adopt rules to administer this section. History. — s. 1, ch. 2023-182.
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