31270974, 2ER26-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 31270974

Notice of Emergency Rule

Department:

DEPARTMENT OF LEGAL AFFAIRS

Overview

RULE:

2ER26-2

Addition of 7-Hydroxymitragynine (7-OH) - (methyl (E)-2[(2S,3S,7aS,12bS)-3-ethyl-7a-hydroxy-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2,3-a]quinolizin-2-yl]-3-methoxyprop-2-enoate); 7-Acetoxymitragynine - Methyl (E)-2-[(2S,3S,7aS,12bS)-7a-acetyloxy-3-ethyl-8-methoxy-2,3,4,6,7,12b-hexahydro-1H-indolo[2, 3-a] quinolizin-2-yl]-3-methoxyprop-2-enoate; Dihydro-7-hydroxymitragynine (MGM-15) - (E)-methyl 2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8-methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate; and 9-Fluoro-7-hydroxymitragynine (MGM-16) - (E)-methyl 2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a-hydroxy-8-methoxy-1,2,3,4,6,7,7a,12,12a,12b-decahydroindolo[2,3-a]quinolizin-2-yl)-3-methoxyacrylate; TO SCHEDULE I, SUBSECTION 893.03(1)(a), F.S.

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

In written findings published on the date this emergency rule was filed with the Secretary of State's Office, Attorney General James Uthmeier has found that there is a need to schedule the above-mentioned substance in Schedule I, subsection 893.03(1)(a), F.S., on a temporary basis in order to curtail its abuse by Florida's children, young adults, and others. These circumstances present an imminent hazard to the public safety. In addition, the Attorney General has found that the above-mentioned compound meets the statutory criteria for placement as a controlled substance in Schedule I, subsection 893.03(1)(a), F.S.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The above-mentioned compound presents an immediate and imminent hazard to the public safety. The Legislature authorized the agency to adopt emergency rules to temporarily schedule substances in Schedule I, of section 893.03, F.S., pursuant to section 893.035(7), F.S. to avoid an imminent hazard to the public safety. The Attorney General will ask the Florida Legislature to memorialize this action through legislation in its 2027 legislative session. A copy of the Attorney General's findings in support of this emergency rule may be obtained by contacting the Office of the Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050; (850) 245-0145.

SUMMARY:

The proposed emergency rule adds 7-acetoxymitragynine, dihydro-7-hydroxymitragynine (“MGM-15”), and 9-fluoro-7-hydroxymitragynine (“MGM-16”) to Schedule I, subsection 893.03(l)(a), F.S. The emergency rule also adds 7-hydroxymitragynine at a level above (a) 1 milligram per gram (mg/g) for solid or powdered products, including encapsulated materials; or (b) 1 milligram per milliliter (mg/mL) for liquid products, including beverages, extracts, and tinctures; and 7-hydroxymitragynine with less than 100 parts mitragynine for every one part of 7-hydroxymitragynine by mass to Schedule I, subsection 893.03(l)(a), F.S.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

James Uthmeier, Attorney General, PL-01 The Capitol, Tallahassee, Florida 32399-1050; (850) 245-0145.

PRINT PUBLISH DATE:

8/20/2026 Vol. 52/162

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=2ER26-2&PDate=8/20/2026&Section=4

REFERENCE MATERIALS:

No reference(s).

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