Florida 7-OH: Legal Limbo & New Regulations for Potent Opioid
Florida’s emergency restrictions on a potent synthetic opioid, 7-hydroxymitragynine (7-OH), are set to expire at the end of June after state lawmakers adjourned their legislative session March 13 without extending the ban. The lapse in legislation throws the future of the restrictions into uncertainty, despite warnings from health officials about the drug’s dangers.
7-OH, a byproduct of kratom, has raised concerns due to its potential for addiction and limited regulation. While currently unavailable over the counter in Florida, the temporary measures enacted last year are slated to expire June 30. In August 2025, Florida Attorney General James Uthmeier issued an emergency rule classifying isolated or concentrated forms of 7-OH as a Schedule I controlled substance, effectively outlawing its sale.
The FDA has also expressed alarm over the proliferation of concentrated 7-OH products, particularly those marketed to young people. FDA Commissioner Marty Makary, M.D., M.P.H., applauded Attorney General Uthmeier’s initial action, stating that these products “snuck into every community in America” and pose a significant threat to public health. Makary urged other states to implement similar regulations to protect their youth, according to an August 13, 2025, statement from the FDA.
Efforts to permanently codify the ban in state law faltered during this year’s legislative session. Senate Bill 432, sponsored by Sen. Clay Yarborough, R-Jacksonville, initially included provisions to outlaw 7-OH. Though, the measure was amended in committee to focus instead on nitrous oxide, commonly known as “laughing gas.” Yarborough explained the change resulted from negotiations with the House and discussions with Sen. Darryl Rouson, D-St. Petersburg.
The Florida Department of Agriculture and Consumer Services (FDACS) is attempting to address the impending expiration of the current restrictions with a modern emergency rule focused on labeling requirements for 7-OH. FDACS Communications Director Aaron Keller stated the new rule, also set to expire in 90 days, will “enable us to identify and remove a dangerous and unregulated drug from Florida shelves, which will protect Florida families, Florida children, and Florida communities.”
Previous emergency orders issued by former Attorney General Ashley Moody regarding drugs like nitazenes and tianeptine were later solidified into law by the Legislature. This pattern did not hold for 7-OH this session. The Attorney General’s office has not responded to requests for comment regarding its plans in light of the legislative outcome.
The FDA recommended a federal scheduling action to control concentrated 7-OH products under the Controlled Substances Act in 2025, but the Drug Enforcement Administration has final authority on scheduling and is currently reviewing the recommendation.