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

Is 9-OH Legal? Every state and federal law

Rule type

permanent

Tier

Under review

What the record says

Montana does not name 9-hydroxycorynantheidine (9-OH, 9-O-demethylmitragynine), mitragynine, 7-hydroxymitragynine, kratom or Mitragyna speciosa in its Schedule I statute (MCA 50-32-222, 2025 code), and no class listing covers mitragynine-related compounds. Montana has no kratom consumer protection act, no whole-plant ban and no synthetic-alkaloid ban, so no state age limit, labeling, registration or form rule applies. The open mechanism is the dangerous drug analogue. MCA 50-32-101(7)(a) defines it in alternatives: a substance structurally related to or chemically derived from a dangerous drug in Schedules I through V, or one that is expressly or impliedly represented to produce, or does produce, a physiological effect similar to or greater than the effect of a dangerous drug in those schedules. MCA 50-32-222(11) places dangerous drug analogues in Schedule I. The effect alternative needs no structural link and no scheduled kratom alkaloid; the comparison can be to any scheduled opioid. 9-OH is not FDA approved and not otherwise excepted. Whether a semi-synthetic 9-OH tablet or liquid produces, or is represented to produce, an effect similar to a scheduled opioid is a factual and interpretive question; no Montana court, Attorney General opinion or Board of Pharmacy statement applies the definition to 9-OH or any kratom alkaloid, so reach is interpretive. Federal incorporation: MCA 50-32-203 has the board similarly control a drug 30 days after a federal final order unless it objects; 9-OH is not federally designated. 7-OH is not listed in Montana; trace 7-OH would raise the same analogue question. County health-department actions against kratom in food and beverages are local. The Legislature meets next in January 2027 after an interim study of kratom. 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.

Controlling language, verbatim

(7) (a) “Dangerous drug analogue” means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V. ... (11) Dangerous drug analogues. Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 50-32-101 as a dangerous drug analogue. ... (1) Opiates. Unless specifically excepted or listed in another schedule, any of the following are opiates, including isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of those isomers, esters, ethers, and salts is possible within the specific chemical designation:

Source of excerpt

Citations

1. MCA 50-32-101(7) (dangerous drug analogue) (Montana Legislature, 2026-11-08) PRIMARYOFFICIAL
2. MCA 50-32-222 (Schedule I; subsection 11 dangerous drug analogues) (Montana Legislature, 2026-11-08)OFFICIAL
3. MCA 50-32-203 (effect of rescheduling under federal law) (Montana Legislature, 2026-11-08)OFFICIAL
4. MCA 45-9-101 (criminal distribution of dangerous drugs) (Montana Legislature, 2026-11-08)OFFICIAL
5. NCSL presentation on kratom and 7-OH to the Law and Justice Interim Committee (March 6, 2026) (Montana Legislature (interim committee materials), 2026-11-08)OFFICIAL

Where 9-OH (9-hydroxycorynantheidine) stands across the country

Among Montana's 4 neighbors, North Dakota is illegal; South Dakota and Wyoming are gray area; Idaho is legal.

Open the interactive map · Every compound in Montana · Where 9-OH is banned · Embed this map

Federal posture

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

Verbatim law on file for Montana

4 instruments on file for this compound’s framework in Montana; 5 of 5 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

(7)	(a) “Dangerous drug analogue” means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.

                (b)	The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.

(7) (a) “Dangerous drug analogue” means any material, compound, mixture, or preparation that is structurally related to or chemically derived from any dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or that is expressly or impliedly represented to produce or does produce a physiological effect similar to or greater than the effect of a dangerous drug in Schedules I through V.

(b) The term does not include any material, compound, mixture, or preparation that is currently listed as a dangerous drug in Schedules I through V set forth in Title 50, chapter 32, part 2, or in an administrative rule, that is approved for use by the United States food and drug administration, or that is otherwise specifically excepted from Title 50, chapter 32, part 2.

(11) Dangerous drug analogues. Unless specifically excepted or listed in another schedule, this designation includes any material, compound, mixture, or preparation defined in 
50-32-101
as a dangerous drug analogue.

50-32-203
. Effect of rescheduling under federal law.
 If any drug is designated, rescheduled, or deleted as a “controlled substance” under federal law and notice thereof is given to the board, the board shall similarly control the drug under this chapter after the expiration of 30 days from publication in the Federal Register of a final order designating a drug as a “controlled substance” or rescheduling or deleting a drug unless, within that 30-day period, the board objects to inclusion, rescheduling, or deletion. In that case, the board shall cause the reasons for objection to be published and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the department shall publish the board's decision which shall be final unless altered thereafter by the board or by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this chapter by the board, control under this chapter is stayed until the board's decision is published.

History:
 En. Sec. 2, Ch. 412, L. 1973; amd. Sec. 2, Ch. 350, L. 1974; R.C.M. 1947, 54-302(4).

Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in this section.

Related

9-OH (9-hydroxycorynantheidine) in neighboring states

• 9-OH (9-hydroxycorynantheidine) in Idaho Legal
• 9-OH (9-hydroxycorynantheidine) in North Dakota Illegal
• 9-OH (9-hydroxycorynantheidine) in South Dakota Gray area
• 9-OH (9-hydroxycorynantheidine) in Wyoming Gray area

Closest to 9-OH in Montana

• 7-OH (7-Hydroxymitragynine) in Montana Gray area
• Kratom (Whole Leaf / Mitragynine) in Montana Legal
• MGM-15 (dihydro-7-hydroxymitragynine) in Montana Illegal
• Mitragynine Pseudoindoxyl in Montana Illegal
• MGM-16 (9-fluoro-dihydro-7-hydroxymitragynine) in Montana Illegal
• Speciociliatine in Montana Legal

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