Is 9-OH (9-hydroxycorynantheidine) Legal in West Virginia? (2026)

Is 9-OH Legal? Every state and federal law

Rule type

permanent

Tier

Unscheduled

What the record says

West Virginia does not schedule 9-OH (9-hydroxycorynantheidine), mitragynine, 7-hydroxymitragynine or kratom: none appears in W. Va. Code 60A-2-204 (as amended through 2026 SB 906). Federal scheduling is not adopted automatically: under 60A-2-201(d) the Board of Pharmacy recommends similar control to the Legislature, and its between-session emergency power in 60A-2-201(a) has not been used for any kratom alkaloid; in any case 9-OH is not federally scheduled. The kratom act (W. Va. Code 19-12F, the Select Plant-Based Derivatives Regulation Act: Kratom) as amended by 2026 SB 985 (Chapter 5, Acts 2026, in effect June 12, 2026) defines 'kratom' as a preparation of crushed or powdered dried leaves and 'kratom product' as the natural leaf and simple physical forms of it, and states that the term 'does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile'. A semi-synthetic 9-OH tablet or liquid is both synthetically manipulated and concentrated, so it falls outside the act's permit, product approval, age 21, labeling, tax and penalty provisions (19-12F-4, -6, -7, -11), and the act contains no separate ban on synthetic or semi-synthetic alkaloids. The Department of Agriculture rule 61CSR30 (effective April 20, 2026) still carries an older, broader kratom product definition with a 10 mg per dose 7-OH limit, but it predates the June 2026 statutory definition, and the rule itself limits covered products to naturally occurring, non-synthetic substances. No whole-plant ban, and the analog definition in 60A-1-101 has no Schedule I or II kratom parent. Nothing in state law reaches the product, so the row is legal (state law only). 9-OH is not federally scheduled; federal Analogue Act and FDA exposure are interpretive.

Controlling language, verbatim

(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine. ... (6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile. ... (a) Any person who manufactures, processes, distributes, sells, or offers for sale any kratom or kratom product in this state without a permit is guilty of a crime.

Source of excerpt

Citations

1. W. Va. Code 19-12F-3 (kratom act definitions) (West Virginia Legislature, 2026-11-08) PRIMARYOFFICIAL
2. W. Va. Code 19-12F-11 (criminal violations) (West Virginia Legislature, 2026-11-08)OFFICIAL
3. W. Va. Code 60A-2-204 (Schedule I) (West Virginia Legislature, 2026-11-08)OFFICIAL
4. W. Va. Code 60A-2-201 (Board of Pharmacy authority; federal action) (West Virginia Legislature, 2026-11-08)OFFICIAL
5. 61CSR30, Select Plant-Based Derivatives and Select Plant-Based Derivative Products: Hemp and Kratom (West Virginia Secretary of State, 2026-11-08)OFFICIAL
6. 2026 SB 985 bill history (West Virginia Legislature, 2026-11-08)OFFICIAL

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

Among West Virginia's 5 neighbors, Ohio is illegal; Kentucky, Maryland, Pennsylvania and Virginia are gray area.

Open the interactive map · Every compound in West Virginia · 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 West Virginia

3 instruments on file for this compound’s framework in West Virginia; 6 of 6 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

§19-12F-3. Definitions.

(1) “Alcohol Beverage Control Administration Commissioner” means the West Virginia Alcohol Beverage Control Administration Commissioner or his or her designee.
(2) "Commissioner" means the Commissioner of Agriculture or his or her designee.
(3) “Contaminated” means made impure and unsafe by biological, chemical, or physical additives.
(4) "Department" or "Department of Agriculture" means the West Virginia Department of Agriculture.
(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine.
(6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile.
(7) "Grower" means a person or entity which grows kratom for commercial purposes.
(8) “Processor” or "manufacturer" means a person or entity that processes, compounds, or converts plant material from mitragyna speciosa into a kratom product. This also includes further processing, compounding, converting, or repackaging of existing kratom products.
(9) “Retailer” or "seller" means a person or entity that distributes, offers for sale, or sells kratom or kratom products to persons for personal consumption.

(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine.
(6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile.

19-12F-3. Definitions. (5) "Kratom" means a psychoactive preparation ... composed of the crushed or powdered dried leaves of the mitragyna speciosa ... which contains the alkaloids mitragynine and 7-hydroxymitragynine. (6) "Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended or marketed for human consumption containing any part of the leaf of the plant mitragyna speciosa. (7)-(9) grower/processor/retailer.
19-12F-5. Rule-making authority. (a) The commissioner shall propose legislative rules ... that include, but are not limited to: (1) Issuance of permits ...; (2) Sampling and testing of kratom to determine purity levels; (3) Supervision ...; (6) labeling (“KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION”); (8) prohibitive standards as to child targeted packaging ...
19-12F-6. Age verification. (a) website ... age-screening mechanism verifying the user is at least 21 years old ...; (b) non-in-person sales ... age-verification mechanism approved by the commissioner.

Related

9-OH (9-hydroxycorynantheidine) in neighboring states

• 9-OH (9-hydroxycorynantheidine) in Kentucky Gray area
• 9-OH (9-hydroxycorynantheidine) in Maryland Gray area
• 9-OH (9-hydroxycorynantheidine) in Ohio Illegal
• 9-OH (9-hydroxycorynantheidine) in Pennsylvania Gray area
• 9-OH (9-hydroxycorynantheidine) in Virginia Gray area

Closest to 9-OH in West Virginia

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

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