The use of kratom in the United States is gaining momentum as more people are being drawn to this Southeast Asian botanical. However, because of the uncertainties, discrepancies, and lack of scientific proof of the benefits of kratom, it is prohibited in certain states, counties, and cities around the country.
In this post, we will take an expanded look at the legality of kratom in Florida. Are you free to use kratom in Florida, or are there any restrictions put in place by the State of Florida? We will cover every detail concerning the legality of kratom in Florida and the bills that have been tried and passed while we explore the history of kratom regulation in the state. But first, let’s talk about kratom and what it is used for.
Kratom is legal in Florida for adults over 21 years old. The Florida Kratom Consumer Protection Act prohibits the production, sale, distribution, or giving of kratom products to individuals under 21 years of age. This act was effected on July 1, 2023.
The only exception to the use of kratom in Florida is Sarasota County, which prohibited its use in 2014, labeling it a designer drug. In 2013, Florida banned the use of synthetic drugs like bath salts and spice, but Sarasota County went a step further to loop kratom into this category and banned it the following year.
Even though the Drug Enforcement Administration (DEA) tried to ban kratom in 2016, the attempt was abandoned that same year due to pushback from kratom advocates. As it stands now, kratom is not listed as a controlled substance in Florida, but the DEA considers it a “drug or chemical of concern.
There were several attempts in the past to ban kratom in the state of Florida. Below are details of all the past bills aimed at banning kratom.
GENERAL BILL by Jacobs; Harrell; (CO-INTRODUCERS) Miller, M.; Moraitis; Stone
The bill was introduced on 1/6/2017 and died on 5/5/2017 in the Criminal Justice Subcommittee.
House Bill 183 was aimed at scheduling the alkaloids of kratom (mitragynine and 7-hydroxymitragynine) in the schedule of controlled substances of Florida. The only exception to the scheduling in the proposed bill was when a product containing mitragynine or 7-hydroxymitragynine was approved by USDA.
If the law had gone into effect, it would have meant that the manufacturing, selling, delivering, or importing of kratom products would be considered a misdemeanor of the first degree. This offense is punishable by up to 1 year in jail, 1 year of county probation, and a fine of up to $1000.
GENERAL BILL by Rouson; (CO-INTRODUCERS) Baxley
HB Bill 424 was filed 1/23/2017 by Democrat Darryl Rouson, just after Democrat Kristin Jacobs filed her own version of HB 183. On 2/1/2017, the bill was referred to Criminal Justice, Appropriations Subcommittee on Criminal and Civil Justice, and died in the committee on 5/5/2017.
Just like the earlier House Bill 183, this bill would have added kratom’s alkaloids, Mitragynine and Hydroxymitragynine, to the schedule of controlled substances list of Florida.
It would have meant that manufacturing, selling, delivering, or importing kratom products into Florida would be considered a misdemeanor of the first degree. The punishment would have been up to 1 year in jail, 1 year of county probation, and a fine of up to $1000.
So far, kratom remains unregulated at the federal level, leaving it for states to enact laws for the regulation of this herbal substance. Currently, there are only six states and a few other counties or cities where kratom is banned. The six states include:
We expect so many changes to happen over the next decade because of the serious attention Kratom is drawing in the U.S. and other parts of the world. If you are a kratom user planning to travel, always check for recent information on kratom before you make any trip.
CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.
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