Is 9-OH (9-hydroxycorynantheidine) Legal in New Mexico? (2026)

Gray area

As of November 8, 2026, 9-OH (9-hydroxycorynantheidine) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in New Mexico. Not scheduled; no kratom act; analog designed-effects reach (NMSA 30-31-2(U)) to a semi-synthetic 9-OH is interpretive. Controlling source: NMSA 1978 30-31-2(U) (controlled substance analog) and 30-31-22(A), Laws 2021 (1st S.S.), ch. 4 (HB 2), Sections 63 and 67.

Verified November 8, 2026 · confidence: under review

Is 9-OH Legal? Every state and federal law

WatchNo pending legislation, deadlines or enforcement actions on file for 9-OH in New Mexico.
Rule type
permanent
Tier
Under review

What the record says

New Mexico does not name 9-OH (9-hydroxycorynantheidine), mitragynine, 7-hydroxymitragynine or kratom in Schedule I (16.19.20.65 NMAC, adopted under NMSA 1978 30-31-6, last amended 2023-06-13), and no Board of Pharmacy rule adding any kratom alkaloid was found. New Mexico has no kratom consumer protection act, no synthetic-alkaloid ban and no whole-plant ban; a search of the Legislature’s site on 2026-11-08 returned no kratom bill, so no New Mexico Kratom Act exists on the record. Under 30-31-3(C) the Board may similarly control a federally scheduled substance by regulation after a hearing, so federal scheduling is not automatic and does not capture 9-OH, which is not federally scheduled. The remaining route is the analog definition in 30-31-2(U), as enacted by Laws 2021 (1st S.S.), ch. 4: a substance other than a controlled substance that either has a chemical structure substantially similar to a Schedule I through V substance or was specifically designed to produce effects substantially similar to those of Schedule I through V substances. The second alternative needs no structural similarity, and the definition lists substituted indoles among the classes where analogs are found. Distribution or possession with intent to distribute an analog is an offense (30-31-22(A)), and analogs of Schedule I or II narcotic drugs fall under trafficking (30-31-20). A semi-synthetic 9-OH made from mitragynine and sold for opioid-like effects could be argued to be designed to produce effects similar to scheduled opioids; whether the design element is met for a compound that also occurs naturally in the leaf is untested, and no New Mexico action applies the definition to 9-OH, so the row is restricted and interpretive. A December 2025 Environment Department and Department of Health announcement treats kratom in food or beverages at state-permitted food establishments as adulterated; it is guidance, recorded as context, and bears on liquid or edible forms sold through food establishments. 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.

Controlling language, verbatim

“controlled substance analog” means a substance other than a controlled substance that has a chemical structure substantially similar to that of a controlled substance in Schedule I, II, III, IV or V or that was specifically designed to produce effects substantially similar to that of controlled substances in Schedule I, II, III, IV or V.

Source of excerpt

Citations

  1. NMSA 1978 30-31-2(U) (controlled substance analog) and 30-31-22(A), Laws 2021 (1st S.S.), ch. 4 (HB 2), Sections 63 and 67 (New Mexico Legislature, 2026-11-08) PRIMARYOFFICIAL
  2. 16.19.20.65 NMAC (Schedule I; no kratom alkaloid listed) (New Mexico State Records Center and Archives, 2026-11-08)OFFICIAL
  3. NMSA 1978 30-31-3 (federal scheduling by Board regulation after hearing), Laws 2006 HB 211 (New Mexico Legislature, 2026-11-08)OFFICIAL
  4. NMED and NMDOH kratom food and beverage notice (December 2025) (New Mexico Environment Department, 2026-11-08)OFFICIAL

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

LegalRestrictedGray areaIllegalNot yet verified

Among New Mexico's 5 neighbors, Arizona, Colorado, Oklahoma, Texas and Utah are gray area, the same posture as New Mexico.

Open the interactive map · Every compound in New Mexico · 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 New Mexico

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

16.19.20.65(A) NMAC · Schedule IOFFICIAL
Instrument
Schedule I
Source
https://www.srca.nm.gov/parts/title16/16.019.0020.html
Retrieved
2026-10-29
Fingerprint
f34b71949aed14d1
Section 30-31-6 NMSA 1978, schedule I shall consist of the
following drugs and other substances, by whatever name, common or usual name,
chemical name or brand name designated, listed in this section;
OPIOIDS
,
unless specifically exempt or unless listed in another schedule, any of the
following opioids, 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 within the specific chemical designation.
NMSA 1978 30-31-2(U) and 30-31-22(A), as amended by Laws 2021 (1st S.S.), ch. 4 (HB 2), Sections 63 and 67 · Controlled substance analog definition; distribution prohibitedOFFICIAL
Instrument
Controlled substance analog definition; distribution prohibited
Source
https://www.nmlegis.gov/Sessions/21%20Special/final/HB0002.pdf
Retrieved
2026-10-29
Fingerprint
96010308e0e5280d
U.  “controlled substance analog” means a substance

4

other than a controlled substance that has a chemical

5

6

7

8

9

structure substantially similar to that of a controlled

substance in Schedule I, II, III, IV or V or that was

specifically designed to produce effects substantially

similar to that of controlled substances in Schedule I, II,

III, IV or V.  Examples of chemical classes in which

10

controlled substance analogs are found:

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

(1)  include:

(a)  phenethylamines;

(b)  N-substituted piperidines;

(c)  morphinans;

(d)  ecgonines;

(e)  quinazolinones;

(f)  substituted indoles; and

(g)  arylcycloalkylamines; and

(2)  do not include those substances that are

generally recognized as safe and effective within the meaning

of the Federal Food, Drug, and Cosmetic Act or have been

manufactured, distributed or possessed in conformance with

the provisions of an approved new drug application or an

exemption for investigational use within the meaning of

Section 505 of the Federal Food, Drug, and Cosmetic Act;

"30-31-22.  CONTROLLED OR COUNTERFEIT SUBSTANCES--

DISTRIBUTION PROHIBITED.--

A.  Except as authorized by the Controlled

HB 2/a
Page 156

1

Substances Act, it is unlawful for a person to intentionally

2

distribute or possess with intent to distribute a controlled

3

substance or a controlled substance analog except a substance

4

enumerated in Schedule I or II that is a narcotic drug, a

5

6

7

8

9

10

11

12

13

14

15

controlled substance analog of a controlled substance

enumerated in Schedule I or II that is a narcotic drug or

methamphetamine, its salts, isomers and salts of isomers.
NMSA 1978 30-31-2(U); 30-31-22(A) · Controlled substance analog; controlled or counterfeit substances, distribution prohibitedOFFICIAL
Instrument
Controlled substance analog; controlled or counterfeit substances, distribution prohibited
Source
https://www.nmlegis.gov/Sessions/21%20Special/final/HB0002.pdf
Retrieved
2026-11-08
Fingerprint
a64490fffc7d3b48
“controlled substance analog” means a substance
other than a controlled substance that has a chemical
structure substantially similar to that of a controlled
substance in Schedule I, II, III, IV or V or that was
specifically designed to produce effects substantially
similar to that of controlled substances in Schedule I, II,
III, IV or V.

Except as authorized by the Controlled
Substances Act, it is unlawful for a person to intentionally
distribute or possess with intent to distribute a controlled
substance or a controlled substance analog except a substance
enumerated in Schedule I or II that is a narcotic drug, a
controlled substance analog of a controlled substance
enumerated in Schedule I or II that is a narcotic drug or
methamphetamine, its salts, isomers and salts of isomers.
NMSA 1978 30-31-3 · Duty to administerOFFICIAL
Instrument
Duty to administer
Source
https://www.nmlegis.gov/Sessions/06%20Regular/final/HB0211.pdf
Retrieved
2026-10-28
Fingerprint
db28d1c945efbd43
"30-31-3.  DUTY TO ADMINISTER.--

A.  The board shall administer the Controlled

Substances Act and may add by regulation substances to the

list of substances enumerated in Schedules I through IV

pursuant to the procedures of the Uniform Licensing Act.  In

determining whether a substance has the potential for abuse,

the board shall consider the following:

(1)  the actual or relative abuse of the

substance;

(2)  the scientific evidence of the

pharmacological effect of the substance, if known;

(3)  the state of current scientific

knowledge regarding the substance;

(4)  the history and current pattern of

abuse;

(5)  the scope, duration and significance of

HB 211
Page 1

abuse;

(6)  the risk to the public health; and

(7)  the potential of the substance to

produce psychic or physiological dependence liability.

B.  After considering the factors enumerated in

Subsection A of this section, the board shall make findings

and issue regulations controlling the substance if it finds

the substance has a potential for abuse.

C.  If any substance is designated as a controlled

substance under federal law and notice is given to the board,

the board may, by regulation, similarly control the substance

under the Controlled Substances Act after providing for a

hearing pursuant to the Uniform Licensing Act.

D.  Authority to control under this section does

not extend to distilled spirits, wine, malt beverages, tobacco

or pesticides as defined in the Pesticide Control Act.

9-OH (9-hydroxycorynantheidine) in neighboring states

9-OH in 45 other states

Closest to 9-OH in New Mexico

36 other compounds in New Mexico

Cite this page

Compound Analytics. “Is 9-OH Legal in New Mexico? Updated Nov 2026.” Compound Laws, https://compoundlaws.com/compounds/9-oh/new-mexico/. Accessed November 13, 2026.

Compound Laws, published by Compound Analytics, reports the record: statutes verbatim, official citations, enforcement facts and verification dates. Nothing here is legal advice and nothing here describes how to get around a law. A jurisdiction with no verified row is reported as not yet verified, never as legal. Found an error? Corrections policy.

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