Tobacco

Kratom-related products are now illegal in Ohio

Ohio Board of Pharmacy implemented a 180-day emergency rule, encourages retailers to dispose of affected items
Synthetic kratom products are commonly sold in gas stations, convenience stores and vape shops.
Synthetic kratom products are commonly sold in gas stations, convenience stores and vape shops. | Shutterstock

The Ohio Board of Pharmacy announced Friday that kratom-related products are now illegal in the state. Synthetic kratom products are commonly sold in gas stations, convenience stores and vape shops.

The Ohio Administrative Code 4729:9-1-01.1 makes it illegal to sell, possess or distribute all kratom-related products except those composed solely of mitragynine, the board said in a statement. The emergency rule banning kratom-related products is effective for 180 days. During that time, the board said it will propose a permanent rule to ban all kratom-related products in Ohio.

The emergency rule includes, but is not limited to, the following formulations:

  • 7-hydroxymitragynine, also known as 7-OH
  • Mitragynine pseudoindoxyl
  • Dihydro-7-hydroxy mitragynine
  • 7-acetoxymitragynine

The board encouraged retailers to check for products—including capsules, tablets, vapes, gummies and drinks—that contain the above listed kratom-related compounds. Any such products “should be disposed of immediately,” the board said.

Ohio Gov. Mike DeWine announced Thursday that he asked the board to pursue a permanent ban on mitragynine, the naturally occurring compound in kratom, through the standard rulemaking process.

DeWine said national experts, including the Food and Drug Administration, agree synthetic kratom compounds should be scheduled as illegal drugs. However, he said he has “deep concerns” about natural kratom because of reported harms, including fatalities.

DeWine said using the regular rulemaking process for natural kratom would allow for hearings, testimony and a deliberative review.

In July, the Food and Drug Administration recommended scheduling certain 7-OH products under the Controlled Substances Act. The agency said it was targeting 7-OH, a concentrated byproduct of the kratom plant that is often falsely marketed as kratom.

“We are facing a new addiction crisis because of the availability of synthetic kratom, which is also called gas station heroin,” U.S. Health and Human Services Secretary Robert F. Kennedy Jr. said.

Ohio lawmakers this month also approved legislation that would prohibit the sale of all hemp-based products with more than 0.4 milligrams of total THC, as well as those containing synthetic cannabinoids, unless they’re sold at a licensed dispensary. Drinks with no more than 5 milligrams of THC would remain legal for sale, manufacture and distribution in Ohio until Dec. 31, 2026. DeWine has said that he intends to greenlight the legislation. 

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