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

Instrument

Kratom: definitions; sale to persons under 21; product requirements, synthetic alkaloids and labeling

Source

https://gov.georgia.gov/document/2024-signed-legislation/hb-181/download

Retrieved

2026-11-08

Fingerprint

e6b69dcc6cc9ee0e

"16-13-120.
As used in this article, the term:
(1) 'Adulterated' has the same meaning as in Code Section 26-2-26.
(2) 'Kratom' 'kratom' means the tropical evergreen known as Mitragyna speciosa, which
is native to Southeast Asia and contains the alkaloid mitragynine or metabolite
7-hydroxymitragynine.
(3) 'Kratom extract' means a kratom product that has been modified, processed, or
otherwise manufactured with a food-grade solvent.
(4) 'Kratom product' means a product containing any part of the leaf of the plant
mitragyna whether sold as a powder, capsule, pill, beverage, extract, or other form.
(5) 'Processor' means a person or entity that prepares, manufactures, distributes, or
maintains kratom products or that advertises, represents, or holds itself out as preparing,
manufacturing, distributing, or maintaining kratom products.
(6) 'Retailer' means a person or entity that sells or holds itself out as selling kratom
products at retail to the general public; provided, however, that such person or entity shall
also be included within the definition of 'processor' as set forth in this Code section to the
extent that he or she engages in the business of a processor. Such term shall not include
a store employee at a retailer’s place of business."

"16-13-121.
(a)(1) No person shall knowingly sell or transfer possession of any kratom, kratom
product, or kratom extract to another person under 18 21 years of age, nor shall any
person under 18 21 years of age purchase or possess any kratom, kratom product, or
kratom extract. A person who is convicted of violating this Code section shall be guilty
of a misdemeanor.
(2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply
with respect to the sale or transfer of possession of kratom, kratom product, or kratom
extract by a person when such person has been furnished with proper identification
showing that the individual to whom the kratom, kratom product, or kratom extract is
sold or transferred is 21 years of age or older.
(B) In any case when a reasonable or prudent person could reasonably be in doubt as
to whether or not the individual to whom kratom, kratom product, or kratom extract is
to be sold or transferred is actually 21 years of age or older, it shall be the duty of such
person to request to see and to be furnished with proper identification. The failure to
make such request and verification may be considered by the trier of fact in determining
whether such person did knowingly sell or transfer possession in violation of paragraph
(1) of this subsection.
(b) No person shall ingest kratom in a manner that employs a heating element, power
source, electronic circuit, or other electronic, chemical, or mechanical means, regardless
of shape or size, that can be used to produce vapor in a solution or other form, including,
but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device and any vapor cartridge or other container of kratom in
a solution or other form that is intended to be used with or in an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(c) No person shall sell, deliver, cause to be delivered, or assist in the delivery of any
kratom in or to this state that can be ingested in a manner that violates subsection (b) of this
Code section.
(d) No person shall offer for sale kratom in this state unless such product is behind a
counter in an area only accessible to store employees or in a secured display which is only
accessible with the intervention of a store employee.
(e) Any person that commits an act in violation of this Code section shall be guilty of a
misdemeanor; provided, however, that, for a conviction of a first offense, such individual
shall be punished by a fine not to exceed $250.00; for a conviction of a second offense,
such individual shall be punished by a fine of up to $500.00; and for a conviction of a third
offense and each subsequent offense, such individual shall be punished by a fine of up to
$1,000.00."

"16-13-122.
(a) All kratom products sold in, or delivered to, this state shall be derived from the natural
kratom plant, and any manufactured or processed kratom product, including kratom
extracts, shall not be modified, chemically or otherwise, processed, synthesized, or
otherwise treated in any way that increases the levels of mitragynine or
7-hydroxymitragynine, beyond those described in subsection (b) of this Code section.
(b) No kratom product sold in, or delivered to, this state shall have a concentration ratio
that is:
(1) Greater than 150 mg of mitragynine per serving;
(2) Greater than 0.5 mg 7-hydroxymitragynine per gram; or
(3) Greater than 1 mg 7-hydroxymitragynine per serving.
(c) A processor or retailer shall not prepare, distribute, sell, or expose for sale any of the
following:
(1) A kratom product that is adulterated;
(2) A kratom product that contains or uses in its processing or manufacturing a food
substance that is not generally recognized as safe in food products;
(3) A kratom product containing any synthetic alkaloids or metabolite including
synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived
compounds of the kratom plant; or
(4) A kratom product in a form that employs a heating element, power source, electronic
circuit, or other electronic, chemical, or mechanical means, regardless of shape or size,
that can be used to produce vapor in a solution or other form, including, but not limited
to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or
similar product or device and any vapor cartridge or other container of kratom in a
solution or other form that is intended to be used with or in an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(d) A processor shall maintain a registered agent in this state for service of process for the
entire duration of such entity's engagement in the business of a processor.
(e) Kratom packaging shall be accompanied by a label bearing the following information
prior to its sale in this state:
(1) Clearly labeled ingredients;
(2) That the sale or transfer possession of kratom to another person under 18 21 years of
age is prohibited;
(3) The amount of mitragynine and 7-hydroxymitragynine contained in such product;
(4) The total amount of mitragynine and 7-hydroxymitragynine contained in the
packaging for such product;
(5) The common or usual name of each ingredient used in the manufacture of such
product, listed in descending order of predominance;
(6) The name, physical address, and the principal mailing address of the manufacturer
or the person responsible for distributing such product;
(7) Clear and adequate directions for the consumption and safe and effective use of such
product, including the recommended serving size and the time frame within which safe
consumption should occur; and
(8) Any precautionary statements as to the safety and effectiveness of such product,
including a warning that a consumer should consult their physician on questions about
use of kratom, and state that the kratom product is not intended to 'diagnose, treat, cure
or prevent any disease'; and
(9) A statement that a kratom product label is prohibited from making any therapeutic
claims unless approved by the United States Food and Drug Administration.
(f)(1) A processor who knowingly or with criminal negligence commits an act in
violation of this Code section shall, upon a first conviction thereof, be guilty of a
misdemeanor of a high and aggravated nature, and upon a subsequent conviction, be
guilty of a felony, and shall be punished by imprisonment for not less than one year nor
more than 15 years, by a fine not to exceed $100,000.00, or both.
(2) A processor who negligently commits an act in violation of this Code section shall
be guilty of a misdemeanor and subject to a fine not to exceed $1,000.00.
(g)(1) A retailer who knowingly or with criminal negligence commits an act in violation
of subsection (a), (b), (c), or (e) of this Code section shall, upon a first conviction thereof,
be guilty of a misdemeanor of a high and aggravated nature, and upon a subsequent
conviction, be guilty of a felony, and shall be punished by imprisonment for not less than
one year nor more than 15 years, by a fine not to exceed $100,000.00, or both.
(2) A retailer who negligently commits an act in violation of subsection (a), (b), (c), or
(e) of this Code section shall be guilty of a misdemeanor; provided, however, that, for a
conviction of a first offense, such individual shall be punished by a fine not to exceed
$250.00; for a conviction of a second offense, such individual shall be punished by a fine
of up to $500.00; and for a conviction of a third offense, such individual shall be
punished by a fine of up to $1,000.00; provided, further, that upon each subsequent
conviction after a third conviction, such individual shall be guilty of a high and
aggravated misdemeanor and shall be imprisoned for not less than ten days nor more than
12 months and punished by a fine of not less than $1,000.00 nor more than $5,000.00.
(3) A retailer shall have a defense to prosecution under this subsection if such retailer
proves by a preponderance of the evidence that the retailer relied in good faith upon the
representations of a processor that the kratom, kratom product, or kratom extract and
labeling complied with the provisions of this Code section."

Instrument

Georgia Kratom Consumer Protection Act (definitions, age, concentration limits, prohibited products)

Source

https://gov.georgia.gov/document/2024-signed-legislation/hb-181/download

Retrieved

2026-10-29

Fingerprint

70b762af6ea12334

"16-13-120.

As used in this article, the term:

HB 181/AP

(1)  'Adulterated' has the same meaning as in Code Section 26-2-26.

(2)  'Kratom' 'kratom' means the tropical evergreen known as Mitragyna speciosa, which

is  native  to  Southeast  Asia  and  contains  the  alkaloid  mitragynine  or  metabolite

7-hydroxymitragynine.

(3)    'Kratom  extract'  means  a  kratom  product  that  has  been  modified,  processed,  or

otherwise manufactured with a food-grade solvent.

(4)    'Kratom  product'  means  a  product  containing  any  part  of  the  leaf  of  the  plant

mitragyna whether sold as a powder, capsule, pill, beverage, extract, or other form.

(5)    'Processor'  means  a  person  or  entity  that  prepares,  manufactures,  distributes,  or

maintains kratom products or that advertises, represents, or holds itself out as preparing,

manufacturing, distributing, or maintaining kratom products.

(6)  'Retailer' means a person or entity that sells or holds itself out as selling kratom

products at retail to the general public; provided, however, that such person or entity shall

also be included within the definition of 'processor' as set forth in this Code section to the

extent that he or she engages in the business of a processor.  Such term shall not include

a store employee at a retailer’s place of business."

SECTION 2.

Said chapter is further amended by revising Code Section 16-13-121, relating to possession

of kratom by individual under age 18 and penalty, as follows:

"16-13-121.

(a)(1)    No  person  shall  knowingly  sell  or  transfer  possession  of  any  kratom,  kratom

product, or kratom extract to another person under 18 21 years of age, nor shall any

person under 18 21 years of age purchase or possess any kratom, kratom product, or

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H. B. 181
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HB 181/AP

kratom extract.  A person who is convicted of violating this Code section shall be guilty

of a misdemeanor.

(2)(A)  The prohibition contained in paragraph (1) of this subsection shall not apply

with respect to the sale or transfer of possession of kratom, kratom product, or kratom

extract by a person when such person has been furnished with proper identification

showing that the individual to whom the kratom, kratom product, or kratom extract is

sold or transferred is 21 years of age or older.

(B)  In any case when a reasonable or prudent person could reasonably be in doubt as

to whether or not the individual to whom kratom, kratom product, or kratom extract is

to be sold or transferred is actually 21 years of age or older, it shall be the duty of such

person to request to see and to be furnished with proper identification.  The failure to

make such request and verification may be considered by the trier of fact in determining

whether such person did knowingly sell or transfer possession in violation of paragraph

(1) of this subsection.

(b)  No person shall ingest kratom in a manner that employs a heating element, power

source, electronic circuit, or other electronic, chemical, or mechanical means, regardless

of shape or size, that can be used to produce vapor in a solution or other form, including,

but not limited to, any electronic cigarette, electronic cigar, electronic cigarillo, electronic

pipe, or similar product or device and any vapor cartridge or other container of kratom in

a  solution  or  other  form  that  is  intended  to  be  used  with  or  in  an  electronic  cigarette,

electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

(c)  No person shall sell, deliver, cause to be delivered, or assist in the delivery of any

kratom in or to this state that can be ingested in a manner that violates subsection (b) of this

Code section.

(d)  No person shall offer for sale kratom in this state unless such product is behind a

counter in an area only accessible to store employees or in a secured display which is only

accessible with the intervention of a store employee.

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H. B. 181
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HB 181/AP

(e)  Any person that commits an act in violation of this Code section shall be guilty of a

misdemeanor; provided, however, that, for a conviction of a first offense, such individual

shall be punished by a fine not to exceed $250.00; for a conviction of a second offense,

such individual shall be punished by a fine of up to $500.00; and for a conviction of a third

offense and each subsequent offense, such individual shall be punished by a fine of up to

$1,000.00."

Said chapter is further amended by revising Code Section 16-13-122, relating to required

SECTION 3.

labeling, as follows:

"16-13-122.

(a)  All kratom products sold in, or delivered to, this state shall be derived from the natural

kratom  plant,  and  any  manufactured  or  processed  kratom  product,  including  kratom

extracts,  shall  not  be  modified,  chemically  or  otherwise,  processed,  synthesized,  or

otherwise

treated

in  any  way

that

increases

the

levels  of  mitragynine  or

7-hydroxymitragynine, beyond those described in subsection (b) of this Code section.

(b)  No kratom product sold in, or delivered to, this state shall have a concentration ratio

that is:

(1)  Greater than 150 mg of mitragynine per serving;

(2)  Greater than 0.5 mg 7-hydroxymitragynine per gram; or

(3)  Greater than 1 mg 7-hydroxymitragynine per serving.

(c)  A processor or retailer shall not prepare, distribute, sell, or expose for sale any of the

following:

(1)  A kratom product that is adulterated;

(2)  A kratom product that contains or uses in its processing or manufacturing a food

substance that is not generally recognized as safe in food products;

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H. B. 181
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HB 181/AP

(3)    A  kratom  product  containing  any  synthetic  alkaloids  or  metabolite  including

synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived

compounds of the kratom plant; or

(4)  A kratom product in a form that employs a heating element, power source, electronic

circuit, or other electronic, chemical, or mechanical means, regardless of shape or size,

that can be used to produce vapor in a solution or other form, including, but not limited

to,  any  electronic  cigarette

Instrument

statute

Source

https://gdna.georgia.gov/document/document/132824956ocga-16-13-controlled-substancespdf/download

Retrieved

2026-11-02

Fingerprint

f7dc591251d90ce7

(4) “Controlled substance” means a drug, substance, or immediate precursor in
Schedules I through V of Code Sections 16-13-25 through 16-13-29 and Schedules I
through V of 21 C.F.R. Part 1308.

§ 16-13-30.  Purchase, possession, manufacture, distribution, or sale of controlled
substances or marijuana; penalties

   (a) Except as authorized by this article, it is unlawful for any person to purchase,
possess, or have under his control any controlled substance.

(b) Except as authorized by this article, it is unlawful for any person to manufacture,
deliver, distribute, dispense, administer, sell, or possess with intent to distribute any
controlled substance.

(c) Except as otherwise provided, any person who violates subsection (a) of this Code
section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule
II shall be guilty of a felony and, upon conviction thereof, shall be punished by
imprisonment for not less than two years nor more than 15 years. Upon conviction of a
second or subsequent offense, he shall be imprisoned for not less than five years nor more
than 30 years.

(d) Except as otherwise provided, any person who violates subsection (b) of this Code
section with respect to a controlled substance in Schedule I or Schedule II shall be guilty
of a felony and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 30 years. Upon conviction of a second or subsequent
offense, he or she shall be imprisoned for not less than ten years nor more than 40 years
or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not
apply to a sentence imposed for a second such offense; provided, however, that the
remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.

Instrument

GA KCPA - 0.5 mg/g + 1 mg/serving 7-OH cap + 150 mg/serving mitragynine, synthetic ban, age 21, no vape

Source

https://www.lexisnexis.com/hottopics/gacode/

Retrieved

2026-07-07

Fingerprint

a6b64f295756c573

16-13-120 Definitions. (2) "Kratom" means the tropical evergreen known as Mitragyna speciosa ... which ... contains the alkaloid mitragynine or metabolite 7-hydroxymitragynine. (4) "Kratom product" means a product containing any part of the leaf of the plant mitragyna ... 16-13-121 (a)(1) No person shall knowingly sell or transfer possession of any kratom ... to another person under 21 years of age ... (b) No person shall ingest kratom in a manner that employs a heating element ... [vape ban] ... (d) [behind-counter/secured display]. 16-13-122 (a) All kratom products ... shall not be modified, chemically or otherwise, ... in any way that increases the levels of mitragynine or 7-hydroxymitragynine beyond those in subsection (b). (b) No kratom product ... shall have a concentration ratio that is: (1) Greater than 150 mg of mitragynine per serving; (2) Greater than 0.5 mg 7-hydroxymitragynine per gram; or (3) Greater than 1 mg 7-hydroxymitragynine per serving. (c) A processor or retailer shall not prepare, distribute, sell, or expose for sale: (1) adulterated; (2) not GRAS food substance; (3) A kratom product containing any synthetic alkaloids or metabolite including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant; or (4) [vape form]. (e) [labeling incl. mitragynine + 7-OH amounts]. (f)-(g) penalties (processor felony tier up to 15 yrs; retailer tiered).