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

Instrument

Kratom Regulation Act: definitions, pure leaf requirement, registration, sales age

Source

https://le.utah.gov/xcode/Title4/Chapter45/C4-45_2026050620260506.pdf

Retrieved

2026-10-29

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4-45-102 Definitions.
          As used in this chapter:

Chapter 45
Kratom Regulation Act

(1) "Kratom extract" means a preparation containing any part of the Mitragyna speciosa plant in a

concentrated form.

(2) “Kratom processor” means a person who prepares, processes, manufactures, or distributes a

kratom product.

(3) "Kratom product" means a product containing any part of a leaf of the plant Mitragyna speciosa.
(4) “Kratom retailer” means a person who sells a kratom product for retail sale in the state.
(5) “Pure leaf kratom” means a kratom product that:

(a) is identifiable as plant matter or is identifiable plant matter contained in an encapsulating

agent described in Subsection (5)(b);

(b) is not mixed or packed with a nonkratom substance unless the nonkratom substance is an

inert encapsulating agent that:

(i) is composed of food-grade or pharmaceutical-grade materials with no pharmacological

activity;

(ii) contains no psychoactive substances, stimulants, or adulterants; and
(iii) serves solely to contain or deliver the plant matter;

(c) does not contain any kratom extract; and
(d) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom

alkaloid composition of the product.

(6) “Total kratom alkaloid composition” means the total amount of all alkaloids derived from the

Mitragyna speciosa plant.

Amended by Chapter 480, 2026 General Session

4-45-103 Factual basis for claim as kratom product required -- Administrative penalty --
Request for hearing.
(1) A kratom processor shall disclose on the product label of each kratom product that the kratom
processor prepares, distributes, sells, or offers for sale the factual basis upon which the kratom
processor represents the product as a kratom product.

(2) For a violation of Subsection (1), a kratom processor is subject to an administrative fine up to

$5,000.

(3) Upon the request of a kratom processor fined under this section, the commissioner shall

conduct a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 480, 2026 General Session

4-45-104 Kratom processor and kratom retailer requirements -- Criminal penalty.
(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale

a kratom product that:

(a) is not pure leaf kratom; and
(b) does not include a product label on the kratom product packaging that states the amount of

mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.

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Utah Code

(2) A kratom processor or kratom retailer who violates Subsection (1) is guilty of:

(a)  a class B misdemeanor for the first violation;
(b) a class A misdemeanor for a second violation; and
(c) a third degree felony for any subsequent violation.

(3) A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom

product that is not registered with the department in accordance with this chapter.

(4)

(a) A kratom processor shall register as a food establishment in accordance with Section 4-5-301

and with the department as a kratom processor.

(b) A kratom retailer shall register with the department as a kratom retailer.
(c) The department may not register a person as a kratom retailer unless the kratom retailer is
licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004.

(d) The department shall set a fee to register the following:

(i) a kratom processor; and
(ii) a kratom retailer.
(e) The department shall:

(i) set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the
person is not registered as a kratom processor or kratom retailer with the department; and

(ii) assess the fine described in Subsection (4)(e)(i) against any person who offers a kratom

product for sale in this state if the person is not registered as a kratom processor or kratom
retailer.

(5) Notwithstanding Subsection (1)(a), until March 6, 2027, a kratom processor may prepare,

possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product
if the kratom product:

(a) is not offered for retail sale or distribution in this state;
(b) is manufactured and distributed for lawful sale in another state; and
(c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom

alkaloid composition of the product.

Amended by Chapter 362, 2026 General Session

4-45-105 Prohibition on sale to minors -- Criminal penalty.
(1) A kratom processor or kratom retailer may not distribute, sell, or offer for sale a kratom product

to an individual under 21 years old.

(2) A kratom processor or kratom retailer who violates this section is guilty of a class A

misdemeanor for each violation.

Instrument

Kratom Regulation Act; Schedule I Mitragyna speciosa substances; controlled substance analog; 7-OH exemption

Source

https://le.utah.gov/xcode/Title4/Chapter45/C4-45_2026050620260506.pdf

Retrieved

2026-11-08

Fingerprint

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4-45-102 Definitions.
As used in this chapter:
(1) "Kratom extract" means a preparation containing any part of the Mitragyna speciosa plant in a
concentrated form.
(2) “Kratom processor” means a person who prepares, processes, manufactures, or distributes a
kratom product.
(3) "Kratom product" means a product containing any part of a leaf of the plant Mitragyna speciosa.
(4) “Kratom retailer” means a person who sells a kratom product for retail sale in the state.
(5) “Pure leaf kratom” means a kratom product that:
(a) is identifiable as plant matter or is identifiable plant matter contained in an encapsulating
agent described in Subsection (5)(b);
(b) is not mixed or packed with a nonkratom substance unless the nonkratom substance is an
inert encapsulating agent that:
(i) is composed of food-grade or pharmaceutical-grade materials with no pharmacological
activity;
(ii) contains no psychoactive substances, stimulants, or adulterants; and
(iii) serves solely to contain or deliver the plant matter;
(c) does not contain any kratom extract; and
(d) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom
alkaloid composition of the product.
(6) “Total kratom alkaloid composition” means the total amount of all alkaloids derived from the
Mitragyna speciosa plant.

4-45-104 Kratom processor and kratom retailer requirements -- Criminal penalty.
(1) A kratom processor or kratom retailer may not prepare, possess, distribute, sell, or offer for sale
a kratom product that:
(a) is not pure leaf kratom; and
(b) does not include a product label on the kratom product packaging that states the amount of
mitragynine and 7-hydroxymitragynine contained in the packaged kratom product.

(2) A kratom processor or kratom retailer who violates Subsection (1) is guilty of:
(a) a class B misdemeanor for the first violation;
(b) a class A misdemeanor for a second violation; and
(c) a third degree felony for any subsequent violation.
(3) A kratom processor or kratom retailer may not prepare, distribute, sell, or offer for sale a kratom
product that is not registered with the department in accordance with this chapter.
(4)
(a) A kratom processor shall register as a food establishment in accordance with Section 4-5-301
and with the department as a kratom processor.
(b) A kratom retailer shall register with the department as a kratom retailer.
(c) The department may not register a person as a kratom retailer unless the kratom retailer is
licensed as a retail tobacco specialty business under Sections 10-8-41.6 and 17-78-1004.
(d) The department shall set a fee to register the following:
(i) a kratom processor; and
(ii) a kratom retailer.
(e) The department shall:
(i) set an administrative fine not to exceed $5,000 for a person who sells a kratom product if the
person is not registered as a kratom processor or kratom retailer with the department; and
(ii) assess the fine described in Subsection (4)(e)(i) against any person who offers a kratom
product for sale in this state if the person is not registered as a kratom processor or kratom
retailer.
(5) Notwithstanding Subsection (1)(a), until March 6, 2027, a kratom processor may prepare,
possess, distribute, sell, or offer for sale a kratom product that is not a pure leaf kratom product
if the kratom product:
(a) is not offered for retail sale or distribution in this state;
(b) is manufactured and distributed for lawful sale in another state; and
(c) does not contain 7-hydroxymitragynine at a level greater than 0.4% of the total kratom
alkaloid composition of the product.
Amended by Chapter 362

4-45-105 Prohibition on sale to minors -- Criminal penalty.
(1) A kratom processor or kratom retailer may not distribute, sell, or offer for sale a kratom product
to an individual under 21 years old.
(2) A kratom processor or kratom retailer who violates this section is guilty of a class A
misdemeanor for each violation.

(viii) Unless specifically excepted or unless listed in another schedule, the following substances
commonly found in Mitragyna speciosa, including synthetic versions, isomers, esters,
ethers, salts, and salts of isomers, esters, and ethers, when the existence of the isomers,
esters, ethers, and salts is possible within the specific chemical designation:
(A) 7-hydroxymitragynine (methyl (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2enoate); and
(B) Mitragynine pseudoindoxyl (methyl (E)-2-[(2S,6'S,7'S,8'aS)-6'-ethyl-4-methoxy-3oxospiro[1H-indole-2,1'-3,5,6,7,8,8a-hexahydro-2H-indolizine]-7'-yl]-3-methoxyprop-2enoate).

(i) “Controlled substance analog” means:
(A) a substance the chemical structure of which is substantially similar to the chemical
structure of a controlled substance listed in Schedules I and II of Section 58-37-108, a

substance listed in Section 58-37-109, or in Schedules I and II of the federal Controlled
Substances Act, Title II, P.L. 91-513;
(B) a substance that has a stimulant, depressant, or hallucinogenic effect on the central
nervous system substantially similar to the stimulant, depressant, or hallucinogenic
effect on the central nervous system of controlled substances listed in Schedules I and
II of Section 58-37-108, substances listed in Section 58-37-109, or substances listed in
Schedules I and II of the federal Controlled Substances Act, Title II, P.L. 91-513; or
(C) a substance that, with respect to a particular individual, is represented or intended to
have a stimulant, depressant, or hallucinogenic effect on the central nervous system
substantially similar to the stimulant, depressant, or hallucinogenic effect on the central
nervous system of controlled substances listed in Schedules I and II of Section 58-37-108,
substances listed in Section 58-37-109, or substances listed in Schedules I and II of the
federal Controlled Substances Act, Title II, P.L. 91-513.

58-37-406 Exemption for 7-hydroxymitragyine in kratom products.
(1) As used in this section, “pure leaf kratom” means the same as that term is defined in Section
4-45-102.
(2) Notwithstanding any other provision of this chapter a person who possesses, manufacturers,
or distributes pure leaf kratom is not subject to the penalties described in this title or Title
76, Chapter 18, Drug Offenses, for the possession, manufacture, or distribution of 7hydroxymitragynine to the extent that the person’s possession, manufacture, or distribution of
the pure leaf kratom complies with Title 4, Chapter 45, Kratom Regulation Act.
(3) Notwithstanding any other provision of this chapter and until March 6, 2027, a person who
possesses, manufacturers, or distributes a kratom product in accordance with Subsection
4-45-104(5) is not subject to the penalties described in this title or Title 76, Chapter 18, Drug
Offenses, for the possession, manufacture, or distribution of 7-hydroxymitragine.

Instrument

Controlled substances

Source

https://le.utah.gov/xcode/Title58/Chapter37/C58-37_2026050620260701.pdf

Retrieved

2026-10-28

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(1) All substances listed in Section 58-37-108 or 58-37-109 are controlled.
(2) All substances listed in the federal Controlled Substances Act, Title II, P.L. 91-513, are

controlled.