By Staff Report
A legal fight over Florida’s emergency ban on 7-hydroxymitragynine, a potent kratom byproduct known as 7-OH, is intensifying ahead of an administrative hearing set for Wednesday. Attorney General James Uthmeier issued the emergency rule in August, adding 7-OH to the state’s list of dangerous drugs and saying the ban was needed to prevent an “imminent hazard to the public safety.”
Two businesses and six users filed a challenge at the Division of Administrative Hearings, arguing the rule is invalid because Uthmeier’s office failed to follow required procedures. The users say 7-OH helped them stop using prescription or illicit drugs and stabilize their lives.
The dispute has grown heated as Uthmeier’s attorneys seek to force the users — identified only by initials — to reveal their identities and provide years of personal, medical, employment, and criminal records. Attorneys for the challengers call the requests “overbroad” and a violation of privacy, saying they have no bearing on whether the state properly enacted the rule.
The challengers asked Administrative Law Judge Robert Cohen to allow testimony in a closed courtroom. Cohen denied the request, saying DOAH will not conduct “secret proceedings,” but he directed the public not to reveal the users’ names and said their confidentiality would be protected as much as possible.
Cohen also questioned the sweeping nature of both the complaint and the state’s discovery demands. He said he will rule on whether the requested personal records are relevant; if they are, the men must testify and face cross-examination.
The complaint was filed on behalf of The Mystic Grove, LLC; Green Brothers Wholesale, Inc.; and users identified as K.T., B.M., J.E., A.G., A.R., and M.D. Uthmeier’s rule is set to remain in effect for one year, but lawmakers have already filed bills to permanently classify 7-OH as a Schedule 1 narcotic during the upcoming session.
Kratom itself remains legal for adults over 21. While natural kratom leaves contain low levels of 7-OH, concentrated forms are far more potent and often marketed as supplements. Uthmeier’s ban followed federal steps under President Donald Trump’s administration to add 7-OH to the national list of dangerous drugs.
