As of November 9, 2026, 9-OH (9-hydroxycorynantheidine) is legal to sell at retail in Hawaii. Not scheduled: the Sept. 22, 2026 NED emergency order lists 7-OH, pseudoindoxyl, MGM-15 and MGM-16 only; trace 7-OH over 0.050% or 1 mg is Schedule I. Controlling source: HRS 329-14 Schedule I.
Verified November 9, 2026 (hash check) · confidence: confirmedIs 9-OH Legal? Every state and federal law
Hawaii does not name 9-OH in its codified Schedule I (HRS 329-14, last amended L 2025, c 107), which lists no kratom alkaloid. On September 22, 2026 the Narcotics Enforcement Division Administrator, Department of Law Enforcement, posted an Emergency Controlled Substance Scheduling Action under HRS 329-11(e) that adds four entries to HRS 329-14(b): 7-hydroxymitragynine above a threshold (entry 55), mitragynine pseudoindoxyl, MGM-15 (entry 36) and MGM-16 (entry 50). Each entry covers the named substance with its isomers, esters, ethers and salts only; the order uses no derivative, analog, related-compound or class language, and it does not name 9-hydroxycorynantheidine or 9-O-demethylmitragynine, so it does not reach a 9-OH product. The order is an image-only PDF and was read by optical character recognition of the official scan. Trace 7-OH matters: entry 55 reaches any article resulting from synthetic methods, and plant material processed into concentrates or pressed pills through chemical transformation, with more than 0.050 percent 7-hydroxymitragynine or more than 1.00 milligram in the article, so a semi-synthetic 9-OH tablet or liquid carrying 7-OH above either level would itself be a Schedule I article. The emergency control is temporary and is nullified if the 2027 regular session does not enact it; the order states it took effect September 22, 2026, while 329-11(e) calls for thirty days' posted notice. HRS 329-11(d) carries federal scheduling into state law only by department designation after a federal final order, and 9-OH is not federally scheduled. Hawaii has no enacted kratom consumer protection act (HB 717 was carried over to 2026 with no further action), no whole-plant ban and no controlled-substance analog statute. 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.
§329-14 Schedule I. (a) The controlled substances listed in this section are included in schedule I. ... (b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers, and salts is possible within the specific chemical designation:
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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
1 instrument on file for this compound’s framework in Hawaii; 4 of 4 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
57290006e050a864[Subsection effective January 1, 2024. For subsection effective until December 31, 2023, see above.] If a substance is added, deleted, or rescheduled as a controlled substance under federal law and notice of the designation is given to the department of law enforcement, the department of law enforcement shall recommend that a corresponding change in Hawaii law be made. The department of law enforcement shall similarly designate the substance as added, deleted, or rescheduled under this chapter, after the expiration of thirty days from publication in the Federal Register of a final order, and this change shall have the effect of law. If a substance is added, deleted, or rescheduled under this subsection, the control shall be temporary and, if the next regular session of the state legislature has not made the corresponding changes in this chapter, the temporary designation of the added, deleted, or rescheduled substance shall be nullified. (e) The administrator may make an emergency scheduling by placing a substance into schedule I, II, III, IV, or V on a temporary basis, if the administrator determines the action is necessary to address or avoid a current or imminent danger to the health and safety of the public. In making the determination of whether to emergency schedule a substance, the administrator shall assess the degree of danger or probable danger of the substance by considering the following: (1) The actual or possible abuse of the substance including: (A) Its history and current pattern of abuse; (B) The scope, duration, and significance of abuse; and (C) A judgment of the degree of actual or possible detriment that may result from the abuse of the substance; and (2) The risk to public health. The department shall post a public notice thirty days prior to the effective date of the emergency scheduling action, at the state capitol, in the office of the lieutenant governor, and on the department's website for public inspection. If a substance is added or rescheduled under this subsection, the control shall be temporary and, if the next regular session of the state legislature has not enacted the corresponding changes in this chapter, the temporary designation of the added or rescheduled substance shall be nullified. [L 1972, c 10, pt of §1; am L 1987, c 113, §1; am L 1990, c 281, §10; am L 1997, c 280, §1 and c 356, §6; am L 2013, c 68, §1; am L 2022, c 278, §17]
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