A Jackson County judge has, at least for the moment, left 7‑hydroxymitragynine products on store shelves, declining to give Missouri’s top prosecutor the emergency shutdown she wanted.
On Friday, Judge Charles McKenzie denied Missouri Attorney General Catherine Hanaway’s request for an emergency order that would have immediately stopped Kansas City–based CBD American Shaman and its affiliated companies from selling kratom products marketed with concentrated 7‑hydroxymitragynine, often called 7‑OH. Citing conflicting evidence from both sides, McKenzie turned down the motion without prejudice and set a follow‑up hearing where witnesses can testify. That means the products remain available while the legal fight heads toward a fuller evidentiary showdown.
What the state says is at stake
According to the Missouri Attorney General's Office, which filed its petition on March 31, Hanaway and the Missouri Department of Health and Senior Services argue that concentrated 7‑OH is an unapproved, opioid‑like substance. They say the defendants have marketed and sold it as a dietary supplement in violation of state law.
The U.S. Food and Drug Administration, in a detailed assessment, has described 7‑OH as "a potent opioid that poses an emerging public‑health threat" and has recommended tighter controls on concentrated 7‑OH products.
Judge wants more proof before pulling products
In a written order, the court noted there were "competing affidavits" from experts on both sides and that, at this early stage, it could not find the state was likely to succeed on the merits, so emergency relief was not justified. McKenzie wrote that he will hold an additional hearing to consider live testimony and other properly introduced evidence before deciding whether to block sales or take other injunctive steps, according to the Jackson County Circuit Court order.
American Shaman pushes back
In court filings, American Shaman submitted statements from five toxicology and addiction experts who contend there is not yet sufficient evidence to show that concentrated 7‑OH or kratom poses the kind of public‑health risk the state alleges. Company founder Vince Sanders also signed a statement saying he developed 7‑OH products in response to demand for pain management. Those materials were submitted to the court as part of the company’s defense, as reported by Spectrum News.
The legal stakes keep climbing
Hanaway’s petition asks the court to declare the products unlawful under the Missouri Merchandising Practices Act and related statutes. It seeks civil penalties of up to $1,000 per violation and requests additional remedies if the court finds violations occurred.
The state argues that certain marketing practices, including offering free samples of high‑potency products, are deceptive and dangerous. The petition also urges the court to consider injunctive orders that could extend to shutting down manufacturing or distribution sites. The Missouri Attorney General's Office filing spells out the statutory grounds for those requests.
Federal seizures and a local crackdown patchwork
The fight over 7‑OH is not confined to one courtroom. The U.S. Department of Justice says law‑enforcement partners seized tens of thousands of 7‑OH products in late 2025 as part of multiple enforcement actions. Local coverage has detailed seizures at Kansas City warehouses, and the FDA has issued warning letters to companies selling concentrated 7‑OH.
At the same time, cities across the Kansas City metro and elsewhere in Missouri have moved to regulate or ban synthetic 7‑OH and certain high‑potency kratom products, creating a patchwork of local rules while state courts and lawmakers weigh broader policy choices. See reporting from the U.S. Department of Justice and local coverage by KSHB and Axios for background.
What comes next in court
For now, McKenzie’s order leaves American Shaman’s products on shelves while the court gathers more evidence. The judge has said he will convene another hearing to take testimony and review the record before ruling on broader injunctive relief.
Hanaway’s office maintains it will keep using legal tools to protect public health, while company leaders say their products meet a need for pain management and dispute the state’s portrayal of 7‑OH, as noted by Spectrum News.
