Following the FDA’s recommendation to the DEA to schedule concentrated synthetic 7-hydroxymitragynine (7-OH), Kentucky Governor Andy Beshear announced his administration will also classify concentrated synthetic 7-OH as a Schedule I narcotic, making it illegal to sell, possess or distribute any isolated or concentrated forms of the substance in the state. The rule limits the allowable concentrations of 7-OH to 400 parts per million (0.04%) by dry weight, effectively removing concentrated synthetic 7-OH opioid products from the market while leaving natural kratom leaf unaffected.

The announcement comes after Florida Attorney General James Uthmeier issued an emergency scheduling order in August to limit allowable concentrations of 7-OH in Florida to 400 parts per million (0.04%) by dry weight.