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Tag: 7-OH

  • Florida AG asks judge to toss out challenge to kratom 7-OH ban

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    Credit: FDLE @fdlepio/X

    Attorney General James Uthmeier is asking an administrative law judge to toss out a challenge to an emergency rule banning the sale and manufacture of a concentrated byproduct of kratom, known as 7-OH.

    Uthmeier on Aug. 15 issued the rule prohibiting the alkaloid 7-hydroxymitragynine, known as 7-OH, and adding it to the list of the state’s most dangerous drugs, saying the ban was needed “to avoid an imminent hazard to the public safety.”

    The rule went into effect immediately and will last for a year, though Uthmeier is working with the Legislature to make it permanent. The concentrated byproduct of kratom was available at smoke shops throughout the state.

    Companies that sell 7-OH and users of the product filed a complaint at the state Division of Administrative Hearings last week alleging that the emergency ban is invalid, in part, because Uthmeier’s office failed to follow proper rulemaking procedures and it “was not adopted under a procedure which was fair under the circumstances.”

    But in a motion to dismiss filed Tuesday, lawyers for Uthmeier said the rule complied with state requirements and asked Administrative Law Judge Robert Cohen to dismiss the complaint.

    The attorney general is only required to consider certain factors to justify a finding of “imminent hazard to the public safety” warranting an emergency rule, Uthmeier’s lawyers argued. Such factors relate to potential abuse and a history and current pattern of abuse, as well as the scope, duration and significance of abuse, the motion to dismiss said.

    The complaint raised numerous questions about the emergency rule, including whether there were “less onerous alternatives” to address the purported need for the ban on 7-OH.

    Tuesday’s motion, in part, argued that the complaint “exceeds the scope of a permissible challenge” under Florida administrative law.

    An administrative law judge “looks only to the reasons set forth by the agency as the basis for adopting the rule to determine its validity, and it is not the court’s ‘responsibility to determine whether other means may have been more appropriate,’” the attorney general’s lawyers argued.

    The complaint “goes well beyond … permissible parameters” for a rule challenge, “pleading as disputed facts what the petitioners would do if they were king for a day,” the state’s lawyers added.

    The complaint was filed on behalf of The Mystic Grove, LLC, a Florida-based company that operates two retail stores; Green Brothers Wholesale, Inc., which distributes hemp, kratom and other smoke-shop products; and six people — identified as K.T., B.M., J.E., A.G., A.R. and M.D. — who use 7-OH products.

    As an example of the people in the case, the complaint said that “M.D.” unsuccessfully struggled for years to kick his opioid addiction.

    “While kratom powder initially helped him reduce his dependence on opiates, it was not until he discovered 7-OH tablets that he was able to achieve lasting control over his addiction,” the complaint said.

    Uthmeier’s lawyers argued the complaint violates administrative law procedures because it “brazenly withholds the names” of the anonymous users “while disclosing lengthy, intimate discoverable facts” about their “family, health and details” of their lives and addictions.

    “The user petitioners then command this tribunal that they will testify only at the hearing, in a secret, confidential session outside of the public. … There is no authority for petitioners’ attempt at such secrecy,” Uthmeier’s lawyers wrote.

    Florida in 2023 prohibited the sale of kratom, a plant whose botanical name is “mitragyna speciosa,” to people under age 21. But legislation aimed at regulating or banning sale or use altogether has not passed.

    The 7-OH alkaloid is one of the kratom’s most potent active compounds. Levels of 7-OH levels are low in whole kratom leaves, while isolated or concentrated forms of the compound are much stronger and often are sold as natural or health supplements.

    Uthmeier’s ban came weeks after President Donald Trump’s administration took initial steps to add 7-OH to the nation’s list of dangerous drugs as part of a broader effort to address opioid addiction.

    A hearing in the case is set to begin Dec. 3


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    Whether the GOP-controlled Legislature will act on the request is questionable

    Uthmeier said the ban was needed “to avoid an imminent hazard to the public safety.”

    The bill, if approved, would make it legal to use testing strips, and could help curb overdose deaths



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    Dara Kam, News Service of Florida
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  • As Feds and Ohio Debate Kratom Legality, Users Ensared in Addiction Say Just Ban It Already – Cleveland Scene

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    Maybe it wasn’t the best time in his life for Andrew to walk to his favorite gas station on the west side and, with the attendant’s insistance, try a new product called Opia.

    It was kratom, he said. It would help alleviate his depression and mental slog. He had just broken up with his girlfriend and lost his job as an investment advisor at a local bank. He needed help, and it’s not that Andrew didn’t trust therapists, he just didn’t know the right of getting worthwhile help.

    So, he tried a little green tablet called Opia.

    “The guy I know behind the counter gave it to me for free,” Andrew, 32, an employee at a west side Home Depot, told Scene in July. “He said, ‘Try it! Try it!’ And he marketed it as kratom. ‘It’ll fix your depression. It will give you energy.’” 

    And it did. So much that Andrew began taking two packets of Opia a day just to keep the high constant.

    But come month two, that energy plateau began to wane. Andrew had to limit the gaps between Opia doses. In the hours between, he experienced body aches, endless chills, restless leg feelings and “the most sweating I’ve ever had.”

    “I mean, I wasn’t buying anything illegal. I didn’t have to meet up with anybody shady. I wasn’t doing anything wrong,” Andrew said. “Technically, I just went to the gas station to get more and feel better. Honestly, it happened so quick, you don’t even realize it’s happening.”

    The main chemical compound behind the vast highs and horrid lows is 7-hydroxymitragynine, abbreviated as 7-OH. It’s an alkaloid that occurs naturally in kratom leaf, a plant part of the coffee family that Americans began getting high on shortly after soldiers flew back from the Vietnam War. And it gives a high that, as this reporter can attest, comes quickly, and gives a jolting, hours-long body-buzz of ecstasy. Afterward, however, some users (including this reporter) get a long bout of sleeplessness and sweaty bedsheets.

    But 7-OH, as everyone from the FDA to the American Kratom Association has made very clear this year, is a different beast entirely. In the past half decade, chemists have figured out how to effectively extract the 7-OH alkaloid from dried kratom, then pack it tightly into a tiny tablet flavorized as Blue Raspberry, Strawburst or Mintopia. A tablet so tiny and powerful that one team of scientists doing trials on mice with products they bought off the internet found 7-OH’s strength “17 times that of morphine.”

    Which is why it’s in the sights of Gov. Mike DeWine.

    Since August 25, when DeWine called for all forms of the leaf to be classified as (illegal) Schedule 1 drugs, the ensuing rallying from kratom users, kratom experts, ER doctors and attorney-advocates has hoisted the substance into the pharmacopeial spotlight: actual kratom leaf, they say, should not be mistaken for its high-strength cousin.

    “I really find it very difficult to find that there is an imminent public harm or hazard here, because there are no deaths from 7-hydroxy,” Paula Savchenko, a Florida-based attorney who’s worked in the supplement regulation in industry for the past decade, told Scene in a phone call.

    It’s why she’s been advocating lately, despite the American Kratom Association cheering the FDA on, for smarter, age-related regulation at the state level. Not outright prohibition. “Any adverse accident of hospital report has been related to other substances in the system,” she said, “alcohol or other drugs.”

    Savchenko is technically right: As of today, there are no reported deaths in the U.S. tied solely to 7-OH, a recent report from the FDA explained. A survey of 103 deaths in the past six years did tie mitragynine and 7-OH to the cause, but did not blame it alone for those users’ demise.

    But a lack of proof in studies doesn’t mean guards should be down. Hospitals and urgent cares still have to make gut decisions on how to treat patients based on lower-potency forms of supplements.

    “I would speculate why people are experiencing more problems anecdotally is just because they are getting a more potent drug,” Ryan Marino, an ER doctor and toxicologist at University Hospitals who’s treated a spattering of intakes related to kratom in general, told Scene. One “that has more potential for dependence, withdrawal, addiction, overdose.”

    And those side effects? “I’m talking irritability, anxiety, insomnia, a lot of nausea, vomiting, diarrhea, body aches, muscle pains, joint pains,” Marino said. “Very uncomfortable, like from head to toe.”

    As the DEA entertains public comment through the end of the year, and makes a yay or nay decision come March, thousands of 7-OH users across the country are still dealing with the side effects of a shot or capsule they feel they were misled into buying or taking.

    Bars that sell kratom drinks, like David Kovatch’s one in North Olmsted and Ohio City, would have to remove drinks with the supplement from their menus if the DEA decides kratom is a Schedule I narcotic next year. Credit: Mark Oprea

    “I didn’t think I had to do research for what I was told was a natural, five-hour, caffeine-free energy shot,” a mother-of-two, who was given 7-OH by her yoga studio, told Scene in an email. “Never have been addicted to anything in my life. I’m just a normal suburban mom.”

    A month later, she went to the emergency room at Southwest General with flu symptoms. She was “so sick I thought I was dying.” She was referred to a substance specialist at the Oakview Behavioral Health Center. A doctor prescribed her Suboxone, typically used to treat opioid addiction, for four months.

    “I see these things everywhere now. Gas stations, chiropractor offices—yoga studios,” she said. “It’s really scary because I don’t think people understand what they can do.”

    In July and August, Scene heard from 17 kratom users about their experiences with 7-OH. Two said their taking 7-OH was mostly positive and helped crush horrible anxiety or ameliorated their depression.

    But the vast majority, 15 people, reported their experience was nothing short of hellish, one that led to job loss, strained rapport with their spouses, thousands of dollars spent (on tablets and medical bills) and existential agony amidst countless sleepless nights. One woman told Scene her withdrawal periods from 7-OH led her from losing sleep for up to a week at a time.

    And all were quick to mention just how easy it is, at least for the time being, 7-OH is to buy.

    “All it takes is one moment of weakness,” a plumber in his fifties told Scene, “and it’s in your hand.”

    Vape shops and supplement stores that carry 7-OH products can’t sell to adults under 21 in Ohio. The packages themselves advertise sweet flavors and momentary bliss—”Live lightly with us,” Opia’s reads—along with, on average, three separate disclaimers. Seven products reviewed by Scene all touted legal protections.

    “By using this product, you accept full responsibility for the use,” packaging for Straight Heat reads, “including but not limited to any adverse events or health complications that may arise from use.”

    Austin, a resident of East Cleveland in his twenties, started buying 7-OH in powder form from his favorite vape shop last year. He was trying to wean himself off an opioid addiction and had heard 7-OH might be the key to doing so.

    Today, he takes over 100 milligrams a day, both to sustain the chill of the euphoria and to veer away from anything that feels like an opioid withdrawal with “a bit more dysphoria.”

    “Pain engulfs my whole body,” Austin told Scene. “My skin crawls as if there was bugs living in my bones. My heart races and jumps. Paranoia sets in.”

    Such cyclic abyss is what pushed Jay, a health consultant for the Occupational Safety and Health Administration, to begin referring his clients—mostly construction workers using 7-OH to deal with strenuous work hours—to addiction clinics.

    Earlier this year, piqued by curiosity, Jay tried Opia himself. It was at a gas station in Lakewood he walked to often, and he soon enough tried the recommended dose of half a pill.

    He was floored. “It feels like you took off—like you’re flying, you feel so great,” he said in a phone call. “It’s absolutely crazy.”

    Then, the high wore off. “Really what you’re taking is legal morphine,” he said. “But I’d rather have a client take morphine because at least you know what’s in it.”

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    Mark Oprea

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  • ‘Gas station morphine’: Florida issues emergency rule for kratom 7-OH – Orlando Weekly

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    Credit: via James Uthmeier/X

    Florida Agriculture Commissioner Wilton Simpson announced a new rule Thursday demanding retailers of an increasingly popular herbal substance list how much of an opioid-like compound exists in each package.

    The emergency rule will add yet another layer of security against the 7-OH compound in kratom products, a Southeast Asian plant known for its versatile opiate or stimulant properties.

    Simpson’s announcement came one month after Florida Attorney General James Uthmeier listed 7-OH as a Schedule 1 substance, placing it alongside drugs like heroin and LSD.

    “We are filing a new emergency labeling rule that ensures that manufacturers and retailers can’t hide behind fake labels or misleading marketing,” Simpson said during a Jacksonville press conference. “Every product must clearly state the 7-OH concentration in parts per million.”

    The emergency labeling rule issued by Wilton Simpson Credit: via Florida Department of Agriculture and Consumer Services

    If the concentration is over 400 parts per million, the “gas station morphine” will be removed, Simpson added. The move is part of a broader Florida mission to eradicate kratom sales as a whole, and follows a 2024 law banning kratom for those under 21.

    The main target is 7-OH, or 7-hydroxymitragynine. The guidance first came in July from Health and Human Services Secretary Robert F. Kennedy Jr. and the Food and Drug Administration with a report citing serious concerns with 7-OH’s ability to bind to opioid receptors. There are no FDA-approved 7-OH drugs, yet an estimated 16 million kratom users nationwide have generated more than $2 billion in retail sales, Medscape reported.

    Two weeks later, Uthmeier derided the compound as 13 times stronger than morphine and promptly issued an emergency rule scheduling 7-OH as a highly illegal Schedule 1 substance.

    An emergency rule lasts 90 days and must be taken up by the Legislature to become permanently part of Florida law.

    “I want to thank the commissioner here and his law enforcement team for getting almost 18,000 products off the shelves that are dangerous,” Uthmeier said Thursday. “[But] this emergency rule is only good until the Legislature comes back to meet. … They’re the policy-making branch, and they can either ratify the rule, amend it, or impose restrictions at their discretion.”

    The 2026 session begins on Jan. 13.

    Update: This story now includes an image of Simpson’s emergency labeling rule.

    Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Contact Michael Moline for questions: info@floridaphoenix.com. Follow Florida Phoenix on Facebook and Twitter.


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    Livia Caputo, Florida Phoenix
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