As of November 12, 2026, 9-OH (9-hydroxycorynantheidine) is in a legal gray area (sold in practice, exposed to an interpretive ban theory) in Virginia. Not scheduled; Va. Code 59.1-200(A)(77) bars kratom products with semi-synthetic alkaloids, reach to a 9-OH concentrate is definitional. Controlling source: Va. Code 59.1-200(A)(77) (Virginia Consumer Protection Act, kratom products).
Verified November 12, 2026 (hash check) · confidence: under reviewIs 9-OH Legal? Every state and federal law
Va. Code 59.1-200(A)(77), added by 2026 Acts ch. 595 (HB 360) and in force since July 1, 2026, makes it a prohibited practice under the Virginia Consumer Protection Act to sell or offer for sale 'any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound'. A 9-OH tablet or liquid made by O-demethylating mitragynine is a semi-synthetic alkaloid. Whether such a product is a 'kratom product' is a definitional reading: 'kratom product' is not defined, and 'kratom' means any part of the leaf of Mitragyna speciosa or any extract thereof, so the prohibition reaches the product only if a converted alkaloid concentrate counts as a product of the leaf or its extract. A product that also carries residual natural kratom extract material sits closer to the plain text, since it contains extract and a semi-synthetic alkaloid together. If the product is a kratom product, the same subdivision also requires age 21, a full ingredient label with the statutory warning, storage out of consumer reach, no combustible, vaporized or injectable form, no packaging attractive to children, and residual solvent limits, and caps 7-hydroxymitragynine at one percent of total alkaloids or 1 mg per serving. Enforcement is civil under the Consumer Protection Act, not a drug schedule. Checked and absent: no Schedule I listing of 9-OH, mitragynine, 7-hydroxymitragynine or kratom in Va. Code 54.1-3446 (as amended through 2026 c. 171) or in the Board of Pharmacy’s Schedule I regulation 18VAC110-20-322; federal scheduling is followed only by Board regulation under 54.1-3443(E) and 9-OH is not federally scheduled; the analog statute 54.1-3456 needs a Schedule I or II parent and no kratom alkaloid is scheduled in Virginia; no whole-plant ban. 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.
(iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; ... (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving; ... As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
Among Virginia's 6 neighbors, Tennessee is illegal; District of Columbia, Kentucky, Maryland and North Carolina are gray area; West Virginia is legal.
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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
3 instruments on file for this compound’s framework in Virginia; 6 of 6 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.
55ccf89a043e3bd9(Effective October 1, 2026, until November 1, 2026) Prohibited practices. A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: 77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age; (ii) any kratom product that does not include a label listing all ingredients and with the following disclosure: "WARNING: Kratom may cause dependence and opioid-like withdrawal. Do not use while pregnant. Use may impair judgment. Not for persons younger than 21 years of age."; (iii) any kratom product not stored in an area that is not directly accessible to consumers, including behind a retail counter or in a locked display case, except for kratom products required to be refrigerated, which may be stored in accordance with relevant Virginia Alcoholic Beverage Control Authority regulations in the same beverage cooler or refrigerator as wine and beer; (iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving; (vi) any kratom product adulterated with any dangerous, poisonous, or otherwise deleterious non-kratom ingredient, including any substance listed as a controlled substance under state or federal law; (vii) any kratom product that is combustible or intended for vaporization or injection; (viii) any kratom product that is manufactured, packaged, or marketed in a manner attractive to children; or (ix) any kratom extract product containing residual solvent levels exceeding applicable statutory or pharmacopeial limits. As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
a744504a63304eeeA. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: 77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age; (ii) any kratom product that does not include a label listing all ingredients and with the following disclosure: "WARNING: Kratom may cause dependence and opioid-like withdrawal. Do not use while pregnant. Use may impair judgment. Not for persons younger than 21 years of age."; (iii) any kratom product not stored in an area that is not directly accessible to consumers, including behind a retail counter or in a locked display case, except for kratom products required to be refrigerated, which may be stored in accordance with relevant Virginia Alcoholic Beverage Control Authority regulations in the same beverage cooler or refrigerator as wine and beer; (iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving; (vi) any kratom product adulterated with any dangerous, poisonous, or otherwise deleterious non-kratom ingredient, including any substance listed as a controlled substance under state or federal law; (vii) any kratom product that is combustible or intended for vaporization or injection; (viii) any kratom product that is manufactured, packaged, or marketed in a manner attractive to children; or (ix) any kratom extract product containing residual solvent levels exceeding applicable statutory or pharmacopeial limits. As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof;
be91b578cb48a16d59.1-200(A). ... 77. Selling or offering for sale (i) any kratom product to a person younger than 21 years of age; (ii) any kratom product that does not include a label listing all ingredients and with the following disclosure: "WARNING: Kratom may cause dependence and opioid-like withdrawal. Do not use while pregnant. Use may impair judgment. Not for persons younger than 21 years of age."; (iii) any kratom product not stored in an area that is not directly accessible to consumers ...; (iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving; (vi) any kratom product adulterated with any dangerous, poisonous, or otherwise deleterious non-kratom ingredient, including any substance listed as a controlled substance under state or federal law; (vii) any kratom product that is combustible or intended for vaporization or injection; (viii) any kratom product that is manufactured, packaged, or marketed in a manner attractive to children; or (ix) any kratom extract product containing residual solvent levels exceeding applicable statutory or pharmacopeial limits. As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof.
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