Florida AG Moves to Dismiss 7-OH Ban Lawsuit

Florida’s Attorney General, Ashley Moody, through the state's new chief legal officer James Uthmeier, has formally requested that a judge dismiss a legal challenge aimed at overturning the state's emergency ban on 7-hydroxymitragynine (7-OH), a prominent kratom alkaloid.

The motion to dismiss represents the state’s first major response to a lawsuit filed by kratom vendors and consumers who argue that the Florida Department of Law Enforcement (FDLE) overstepped its authority. The case will now hinge on whether the judge allows the challenge to proceed or sides with the state and throws the case out.

The Path to the Ban

Earlier this year, the FDLE enacted an emergency rule that placed 7-hydroxymitragynine on Florida’s Schedule I list of controlled substances. This classification puts 7-OH in the same category as drugs like heroin and LSD, substances the state deems to have a high potential for abuse and no accepted medical use.

The lawsuit challenging this rule was filed shortly after, asserting that the FDLE did not have the legislative authority to unilaterally schedule the substance without a vote from lawmakers. The plaintiffs argue that such an action requires a more thorough legislative and scientific review process, rather than an emergency declaration. The Attorney General's office, in its motion to dismiss, contends that the FDLE acted lawfully within its mandate to protect public safety from potentially dangerous substances.

Context for Kratom Consumers

For the kratom community, this legal battle is nuanced. 7-hydroxymitragynine is a naturally occurring alkaloid in the kratom leaf, but it is typically found in very small quantities, constituting less than 2% of the total alkaloid profile. However, it is also a metabolite of mitragynine, the plant’s most abundant alkaloid, and is known to be significantly more potent.

The FDLE’s ban primarily targets a specific segment of the market: concentrated kratom extracts and synthetic products. In these products, manufacturers either isolate 7-OH or synthetically convert mitragynine into 7-OH to create a much stronger effect than that found in traditional kratom powder. These enhanced products are often the subject of media scrutiny and regulatory concern.

Most kratom advocates distinguish between these highly potent, semi-synthetic products and the natural, plain-leaf kratom plant. The concern for consumers is twofold. On one hand, many in the community agree that unregulated, super-potent extracts can be problematic and tarnish kratom's reputation. On the other hand, there is a fear that banning a single, naturally occurring alkaloid sets a dangerous legal precedent that could be used to justify a broader ban on the entire plant in the future.

What Happens Next?

The immediate future of 7-OH in Florida rests in the hands of the judiciary. If the judge denies the Attorney General's motion, the lawsuit will proceed, and both sides will present their arguments in court. If the motion is granted, the emergency ban on 7-OH will remain firmly in place, making the sale and possession of products containing the alkaloid illegal in the state.

The outcome of this case will undoubtedly influence the regulatory landscape for kratom in Florida and could serve as a model for other states grappling with how to approach the plant and its derivatives.

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