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

Instrument

Definitions (controlled substance, analog, isomer); federal scheduling followed by board rule; Schedule I stimulants (mitragynine, 7-hydroxymitragynine); controlled substance analog

Source

https://docs.legis.wisconsin.gov/statutes/statutes/961.pdf

Retrieved

2026-10-29

Fingerprint

73f6929aa5a68aa9

(4)  “Controlled substance” means a drug, substance or imme-

diate precursor included in schedules I to V of subch. II.

(4m)  (a)  “Controlled substance analog” means a substance
the  chemical  structure  of  which  is  substantially  similar  to  the

chemical structure of a controlled substance included in schedule
I or II and:

1.  Which has a stimulant, depressant, narcotic or hallucino-
genic effect on the central nervous system substantially similar to
the stimulant, depressant, narcotic or hallucinogenic effect on the
central  nervous  system  of  a  controlled  substance  included  in
schedule I or II; or

2.  With respect to a particular individual, which the individ-
ual represents or intends to have a stimulant, depressant, narcotic
or hallucinogenic effect on the central nervous system substan-
tially similar to the stimulant, depressant, narcotic or hallucino-
genic  effect  on  the  central  nervous  system  of  a  controlled  sub-
stance included in schedule I or II.

(b)  “Controlled substance analog” does not include:
1.  A controlled substance;
2.    A  substance  for  which  there  is  an  approved  new  drug

application;

3.  A substance with respect to which an exemption is in ef-
fect for investigational use by a particular person under 21 USC
355 to the extent that conduct with respect to the substance is per-
mitted by the exemption; or

4.  Any substance to the extent not intended for human con-
sumption  before  an  exemption  takes  effect  with  respect  to  the
substance.

(5)  “Counterfeit  substance”  means  a  controlled  substance
which, or the container or labeling of which, without authoriza-
tion, bears the trademark, trade name or other identifying mark,
imprint, number or device, or any likeness thereof, of a manufac-
turer, distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance.

(6)  "Deliver" or “delivery”, unless the context otherwise re-
quires, means the actual, constructive or attempted transfer from
one person to another of a controlled substance or controlled sub-
stance analog, whether or not there is any agency relationship.

(7)  “Dispense” means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful or-
der  of  a  practitioner,  including  the  prescribing,  administering,
packaging,  labeling  or  compounding  necessary  to  prepare  the
substance for that delivery.

(8)  “Dispenser” means a practitioner who dispenses.
(9)  "Distribute" means to deliver other than by administering
or  dispensing  a  controlled  substance  or  controlled  substance
analog.

(10)  “Distributor” means a person who distributes.
(10m)  "Diversion" means the transfer of any controlled sub-

stance from a licit to an illicit channel of distribution or use.

(11)  (a)  "Drug" means any of the following:
1.  A substance recognized as a drug in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of
the United States or official National Formulary or any supple-
ment to any of them.

2.  A substance intended for use in the diagnosis, cure, miti-
gation, treatment or prevention of disease in humans or animals.
3.  A substance, other than food, intended to affect the struc-

ture or any function of the body of humans or animals.

4.  A substance intended for use as a component of any article

specified in subd. 1., 2. or 3.

(b)    "Drug"  does  not  include  devices  or  their  components,

parts or accessories.

(11m)  “Drug  enforcement  administration”  means  the  drug
enforcement administration of the U.S. department of justice or
its successor agency.

(11s)  “Gamma-butyrolactone” means gamma-butyrolactone

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026.  Published and certified under s. 35.18.  Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)

Updated 2023-24 Wis. Stats.  Published and certified under s. 35.18.  October 1, 2026.

3  Updated 23-24 Wis. Stats.

UNIFORM CONTROLLED SUBSTANCES ACT

961.01

as  packaged,  marketed,  manufactured,  or  promoted  for  human
consumption,  but  does  not  include  gamma-butyrolactone  in-
tended for use or consumption in or for mechanical, industrial,
manufacturing, or scientific applications or purposes.

(11t)  "Ephedrine  product"  means  any  material,  compound,
mixture, or preparation that contains any quantity of ephedrine or
any of its salts, isomers, and salts of isomers.

(12)  “Immediate  precursor”  means  a  substance  which  the
controlled  substances  board  has  found  to  be  and  by  rule  desig-
nates as being the principal compound  commonly  used or  pro-
duced primarily for use, and which is an immediate chemical in-
termediary used or likely to be used in the manufacture of a con-
trolled  substance,  the  control  of  which  is  necessary  to  prevent,
curtail or limit manufacture.

(12g)  "Isomer" means an optical isomer, but in s. 961.16 (2)
(b) 1. "isomer" includes any geometric isomer, and in ss. 961.14
(2)  (nd)  and  (4)  and  961.18  (2m)  "isomer"  includes  any  posi-
tional or geometric isomer.

(4)  If a substance is designated, rescheduled or deleted as a
controlled substance under federal law and notice thereof is given
to the controlled substances board, the board by affirmative ac-
tion shall similarly treat the substance under this chapter after the
expiration of 30 days from the date of publication in the federal
register of a final order designating the substance as a controlled
substance or rescheduling or deleting the substance or from the
date  of  issuance  of  an  order  of  temporary  scheduling  under  21
USC 811 (h), unless within that 30-day period, the board or an in-
terested party objects to the treatment of the substance.  If no ob-
jection is made, the board shall promulgate, without making the
determinations or findings required by subs. (1), (1m), (1r) and
(2) or s. 961.13, 961.15, 961.17, 961.19 or 961.21, a final rule,
for which notice of proposed rule making is omitted, designating,
rescheduling,  temporarily  scheduling  or  deleting  the  substance.
If an objection is made the board shall publish notice of receipt of
the objection and the reasons for objection and afford all inter-
ested parties an opportunity to be heard.  At the conclusion of the
hearing, the board shall make a determination with respect to the
treatment of the substance as provided in subs. (1), (1m), (1r) and
(2) and shall publish its decision

(7)  STIMULANTS.    Any  material,  compound,  mixture  or
preparation which contains any quantity of any of the following
substances having a stimulant effect on the central nervous sys-

2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026.  Published and certified under s. 35.18.  Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)

Updated 2023-24 Wis. Stats.  Published and certified under s. 35.18.  October 1, 2026.

 961.14

UNIFORM CONTROLLED SUBSTANCES ACT

Updated 23-24 Wis. Stats.

  12

tem, including any of their salts, isomers and salts of isomers that
are
the  specific  chemical
designation:

theoretically  possible  within

(ag)  Cathinone.
(am)  Aminorex.
(b)  Fenethylline.
(c)  N-ethylamphetamine.
(cm)  4,4’-Dimethylaminorex.
(d)  4-methylaminorex.
(e)  N,N-dimethylamphetamine.
(L)  Substituted cathinones.  Any compound, except bupropion
or compounds scheduled elsewhere in this chapter, that is struc-
turally derived from 2-amino-propan-1-one by substitution at the
1-position with either phenyl, napthyl, or thiophene ring systems,
whether or not the compound is further modified in any of the
following ways: by substitution in the ring system to any extent
with alkyl, alkoxy, alkylenedioxy, haloalkyl, hydroxyl, or halide
substituents, whether or not further substituted in the ring system
by one or more other univalent substituents; by substitution at the
3-position with an acyclic alkyl substituent; by substitution at the
2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxy-
benzyl  groups;  by  inclusion  of  the  2-amino  nitrogen  atom  in  a
cyclic  structure;  or  by  any  combination  of  these  modifications.
Substances specified under this subdivision include:

1.  Methcathinone.
2.
MDPV.
2m.

  Methylenedioxypyrovalerone,  commonly  known  as

  3-methylmethcathinone  or  2-(methylamino)-1-(3-

methylphenyl)propan-1-one, commonly known as 3-MMC.
commonly  known

  4-methylmethcathinone,

3.

as

mephedrone or 4-MMC.

4.  4-methylethcathinone, commonly known as 4-MEC.
5.    4-methoxy-alpha-pyrrolidinopropiophenone,  commonly

known as MOPPP.

6.

  3,4-methylenedioxy-alpha-pyrrolidinopropiophenone,

commonly known as MDPPP.

7.  Alpha-pyrrolidinovalerophenone, commonly known as al-

pha-PVP.

8.  2-fluoromethcathinone, commonly known as 2-FMC.
9.  3-fluoromethcathinone, commonly known as 3-FMC.
10.  4-fluoromethcathinone, commonly known as 4-FMC or

flephedrone.

11.  3,4-methylenedioxymethcathinone, commonly known as

methylone or bk-MDMA.

12.  Naphthylpyrovalerone, commonly known as naphyrone.
13.    4-methyl-alpha-pyrrolidinobutiophenone,  commonly

known as MPBP.

14.  4-methoxymethcathinone, commonly known as methe-

drone or bk-PMMA.

15.  Ethcathinone.
16.    3,4-methylenedioxyethcathinone,  commonly  known  as

ethylone or bk-MDEA.

17.

  beta-Keto-N-methylbenzodioxolylbutanamine,  com-

monly known as butylone or bk-MBDB.

18.

  N,N-dimethylcathinone,  commonly  known  as

metamfepramone.

19.  Alpha-pyrrolidinopropiophenone, commonly known as

alpha-PPP.

20.  3-methoxymethcathinone, commonly known as 3-MMC.
21.  4-ethylmethcathinone, commonly known as 4-EMC.
22.    3,4-dimethylmethcathinone,  commonly  known  as  3,4-

DMMC.

23.    beta-Keto-N-methylbenzodioxolylpentanamine,  com-

monly known as pentylone or bk-MBDP.

24.    beta-Keto-ethylbenzodioxolylbutanamine,  commonly

known as eutylone or bk-EBDB.

25.  4-bromomethcathinone, commonly known as 4-BMC.
26.    Alpha-methylamino-butyrophenone,  commonly  known

as buphedrone or MABP.

27.

  3,4-methylenedioxy-alpha-pyrrolidinobutiophenone,

commonly known as MDPBP.

28.    4-methyl-alpha-pyrrolidinohexiophenone,  commonly

known as MPHP.

29.  N,N-dimethyl-3,4-methylenedioxycathinone.
30.  N,N-diethyl-3,4-methylenedioxycathinone.
31.    Alpha-methylamino-valerophenone,  commonly  known

as pentedrone.

32.    4-methyl-alpha-pyrrolidinopropiophenone,  commonly

known as 4-MePPP.

33.  Alpha-pyrrolidinobutiophenone, commonly known as a-

PBP.

34.  N-Ethylpentylone, commonly known as ephylone.
35.  N-Ethylhexedrone.
36.  Alpha-pyrrolidinohexanophenone, commonly known as

a-PHP.

36m.

  4-methyl-1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one,

commonly known as alpha-PiHP.

37.

  4-methyl-alpha-ethylainopentiophenone,  commonly

known as 4-MEAP.

38.    4’-methyl-alpha-pyrrolidinohexiophenone,  commonly

known as MPHP.

39.    Alpha-pyrrolidinoheptaphenone,  commonly  known  as

PV8.

40.    4’-chloro-alpha-pyrrolidinovalerophenone,  commonly

known as 4-chloro-a-PVP.

41.    1-(1,3-benzodioxol-5-yl)-2-(dimethylamino)pentan-1-
or  N,N-
as

dipentylone

known

commonly
one,
dimethylpentylone.

42.  1-(4-chlorophenyl)-2-(methylamino)propan-1-one, com-

monly known as 4-chloromethcathinone, or 4-CMC.

(mk)  Mitragynine.
(mL)  7-hydroxymitragynine.

961.25  Controlled  substance  analog  treated  as  a
schedule I substance.  A controlled substance analog, to the
extent it is intended for human consumption, shall be treated, for
the purposes of this chapter, as a substance included in schedule
I, unless a different treatment is specifically provided.  No later
than 60 days after the commencement of a prosecution concern-
ing a controlled substance analog, the district attorney shall pro-
vide the controlled substances board with information relevant to
emergency scheduling under s. 961.11 (4m).

Instrument

Schedule I kratom alkaloid entries, analog definition and treatment, federal-follow by board action

Source

https://docs.legis.wisconsin.gov/statutes/statutes/961.pdf

Retrieved

2026-10-28

Fingerprint

086e7b0a6d901cf4

(4)  “Controlled substance” means a drug, substance or imme-

diate precursor included in schedules I to V of subch. II.

(4m)  (a)  “Controlled substance analog” means a substance
the  chemical  structure  of  which  is  substantially  similar  to  the

chemical structure of a controlled substance included in schedule
I or II and:

1.  Which has a stimulant, depressant, narcotic or hallucino-
genic effect on the central nervous system substantially similar to
the stimulant, depressant, narcotic or hallucinogenic effect on the
central  nervous  system  of  a  controlled  substance  included  in
schedule I or II; or

2.  With respect to a particular individual, which the individ-
ual represents or intends to have a stimulant, depressant, narcotic
or hallucinogenic effect on the central nervous system substan-
tially similar to the stimulant, depressant, narcotic or hallucino-
genic  effect  on  the  central  nervous  system  of  a  controlled  sub-
stance included in schedule I or II.

(b)

961.11  Authority  to  control.    (1)  The  controlled  sub-
stances board shall administer this subchapter and may add sub-
stances  to  or  delete  or  reschedule  all  substances  listed  in  the
schedules in ss. 961.14, 961.16, 961.18, 961.20 and 961.22 pur-
suant to the rule-making procedures of ch. 227.

(1m)  In  making  a  determination  regarding  a  substance,  the

board shall consider the following:

(a)  The actual or relative potential for abuse;
(b)  The scientific evidence  of its  pharmacological effect,  if

known;

(c)    The  state  of  current  scientific  knowledge  regarding  the

substance;

(d)  The history and current pattern of abuse;
(e)  The scope, duration and significance of abuse;
(f)  The risk to the public health;
(g)  The potential of the substance to produce psychological or

physical dependence liability; and

(h)  Whether the substance is an immediate precursor of a sub-

stance already controlled under this chapter.

(1r)  The controlled substances board may consider findings
of the federal food and drug administration or the drug enforce-
ment  administration  as  prima  facie  evidence  relating  to  one  or
more of the determinative factors.

(2)  After considering the factors enumerated in sub. (1m), the
controlled substances board shall make findings with respect to
them and promulgate a rule controlling the substance upon find-
ing that the substance has a potential for abuse.

(3)  The  controlled  substances  board,  without  regard  to  the
findings  required  by  sub.  (2)  or  ss.  961.13,  961.15,  961.17,
961.19  and  961.21  or  the  procedures  prescribed  by  subs.  (1),

(1m), (1r) and (2), may add an immediate precursor to the same
schedule in which the controlled substance of which it is an im-
mediate  precursor  is  included  or  to  any  other  schedule.    If  the
board  designates  a  substance  as  an  immediate  precursor,  sub-
stances which are precursors of the controlled precursor shall not
be  subject  to  control  solely  because  they  are  precursors  of  the
controlled precursor.

(4)  If a substance is designated, rescheduled or deleted as a
controlled substance under federal law and notice thereof is given
to the controlled substances board, the board by affirmative ac-
tion shall similarly treat the substance under this chapter after the
expiration of 30 days from the date of publication in the federal
register of a final order designating the substance as a controlled
substance or rescheduling or deleting the substance or from the
date  of  issuance  of  an  order  of  temporary  scheduling  under  21
USC 811 (h), unless within that 30-day period, the board or an in-
terested party objects to the treatment of the substance.  If no ob-
jection is made, the board shall promulgate, without making the
determinations or findings required by subs. (1), (1m), (1r) and
(2) or s. 961.13, 961.15, 961.17, 961.19 or 961.21, a final rule,
for which notice of proposed rule making is omitted, designating,
rescheduling,  temporarily  scheduling  or  deleting  the  substance.
If an objection is made the board shall publish notice of receipt of
the objection and the reasons for objection and afford all inter-
ested parties an opportunity to be heard.  At the conclusion of the
hearing, the board shall make a determination with respect to the
treatment of the substance as provided in subs. (1), (1m), (1r) and
(2) and shall publish its decision, which shall be final unless al-
tered by statute.  Upon publication of an objection to the treat-
ment  by  the  board,  action  by  the  board  under  this  chapter  is
stayed until the board promulgates a rule under sub. (2).

42.  1-(4-chlorophenyl)-2-(methylamino)propan-1-one, com-

monly known as 4-chloromethcathinone, or 4-CMC.

(mk)  Mitragynine.
(mL)  7-hydroxymitragynine.
(mm)  5,6-methylenedioxy-2-aminoindane, commonly known

as MDAI.

961.25  Controlled  substance  analog  treated  as  a
schedule I substance.  A controlled substance analog, to the
extent it is intended for human consumption, shall be treated, for
the purposes of this chapter, as a substance included in schedule
I, unless a different treatment is specifically provided.  No later
than 60 days after the commencement of a prosecution concern-
ing a controlled substance analog, the district attorney shall pro-
vide the controlled substances board with information relevant to
emergency scheduling under s. 961.11 (4m).  After a final deter-
mination by the controlled substances board that the controlled
substance analog should not be scheduled, no prosecution relat-
ing  to  that  substance  as  a  controlled  substance  analog  may  be
commenced or continued.

Instrument

Schedule I stimulants (mitragynine, 7-hydroxymitragynine); controlled substance analog definition and treatment

Source

https://docs.legis.wisconsin.gov/statutes/statutes/961.pdf

Retrieved

2026-11-08

Fingerprint

60713cca3ed98256

961.14 Schedule I. Unless specifically excepted by state or
federal law or regulation or more specifically included in another
schedule, the following controlled substances are listed in schedule I:

(7) STIMULANTS. Any material, compound, mixture or
preparation which contains any quantity of any of the following
substances having a stimulant effect on the central nervous sys-

tem, including any of their salts, isomers and salts of isomers that
are theoretically possible within the specific chemical
designation:

(mk) Mitragynine.
(mL) 7-hydroxymitragynine.

(4m) (a) “Controlled substance analog” means a substance
the chemical structure of which is substantially similar to the

chemical structure of a controlled substance included in schedule
I or II and:
1. Which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to
the stimulant, depressant, narcotic or hallucinogenic effect on the
central nervous system of a controlled substance included in
schedule I or II; or
2. With respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic
or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in schedule I or II.

961.25 Controlled substance analog treated as a
schedule I substance. A controlled substance analog, to the
extent it is intended for human consumption, shall be treated, for
the purposes of this chapter, as a substance included in schedule
I, unless a different treatment is specifically provided. No later
than 60 days after the commencement of a prosecution concerning a controlled substance analog, the district attorney shall provide the controlled substances board with information relevant to
emergency scheduling under s. 961.11 (4m). After a final determination by the controlled substances board that the controlled
substance analog should not be scheduled, no prosecution relating to that substance as a controlled substance analog may be
commenced or continued.

Instrument

Wisconsin Schedule I STIMULANTS chapeau + entries; statutory "isomer" = optical only for subsec (7)

Source

https://docs.legis.wisconsin.gov/statutes/statutes/961.pdf

Retrieved

2026-07-06

Fingerprint

40bc8ab02d552a10

Wis. Stat. 961.14(7) (Schedule I - STIMULANTS), chapeau:
"(7) STIMULANTS. Any material, compound, mixture or preparation which contains any quantity of any of the following substances having a stimulant effect on the central nervous system, including any of their salts, isomers and salts of isomers that are theoretically possible within the specific chemical designation:"
Entries:
“(mk) Mitragynine.”
“(mL) 7-hydroxymitragynine.”

Wis. Stat. 961.01(12g) (definition of "Isomer"):
“(12g) \”Isomer\“ means an optical isomer, but in s. 961.16 (2) (b) 1. \”isomer\" includes any geometric isomer; in s. 961.20 (4) (am) \"isomer\" includes any positional isomer; and in ss. 961.14 (2) (nd) and (4) and 961.18 (2m) \"isomer\" includes any positional or geometric isomer."