Is Kratom Legal in Florida?

What law covers kratom in Florida?

Section 500.92 of the Florida Statutes. Read the full text on the Florida Senate’s statute site.

It’s short. It defines a kratom product as any food or drink that contains kratom leaf. Extracts and synthetic compounds of the plant count too, in every form: powder, capsule, pill, drink or anything else edible. The law makes it a crime to sell or give one to anyone under 21. And it tells the Department of Agriculture to write the rules.

Selling to someone under 21 is a second-degree misdemeanor. The House’s staff analysis of the law puts the penalty at up to 60 days in jail and a $500 fine.

The law has no possession offense for adults, and kratom leaf is not on Florida’s list of controlled substances. One of the leaf’s alkaloids has been handled separately. From August 2025 to August 2026, the Attorney General issued emergency rules on 7-hydroxymitragynine. They placed it in Schedule I, Florida’s strictest drug category, above set limits. The section on 7-OH below covers that history.

What does Florida require of a kratom seller?

More than the statute alone suggests. The Department of Agriculture’s kratom rule, 5K-4.030, took effect January 10, 2024. It requires:

• a Food Establishment permit from the department, at $650 a year, for each establishment that distributes kratom products
• an age sign beside the display, proof of age before any sale, and confirmation that a buyer is 21 or older before anything is mailed or shipped
• no vending machines, no open self-service shelves unless age is checked first, and no free samples to anyone under 21
• packaging and labels that follow Florida’s food law, with no disease claims on the label or in ads

A violation can bring a stop-sale order, a fine of up to $5,000 per violation, and a suspended or revoked permit.

Two limits on the product itself took effect August 18, 2026, under the Attorney General’s emergency rule 2ER26-2. No product may hold more than 1 milligram of 7-hydroxymitragynine per gram, or per milliliter for a liquid. And any product containing 7-OH must carry at least 100 parts mitragynine for every 1 part 7-OH, by weight. Picture the two alkaloids split into 101 equal shares: 7-OH can fill one of them, at most. Mitragynine and 7-OH are the leaf’s two main alkaloids. The rule places 7-OH that crosses either line in Schedule I.

The label rule followed six days later. Since August 24, 2026, the department’s emergency rule 5KER26-11 has required every kratom product to state two things. The first is the 7-OH concentration, in milligrams per gram, or per milliliter for a liquid. The second is the alkaloid ratio: the milligrams of mitragynine in the package against the milligrams of 7-OH, in whole numbers. The rule’s own example reads “Alkaloid Ratio 500 mg:1 mg.” Both have to be on the package itself, or behind a QR code printed on it that reaches them in three steps or fewer. Neither can sit only on the bottom of the package.

How did Florida get its kratom law?

After eight years of failed bills, it passed without a single vote against it.

Representative Andrade filed House Bill 179 on January 11, 2023, and Senator Gruters filed a Senate version. The House passed it 114 to 0 on April 26, 2023. The next day, the Senate swapped in a full rewrite and passed it 36 to 0. The House refused that version on May 3. On May 4, the Senate dropped its rewrite and passed the House bill 40 to 0.

Governor Ron DeSantis approved it on June 2, 2023, as chapter 2023-182 of the Laws of Florida. It took force on July 1, 2023.

The department proposed its rule on September 28, 2023. The rule took effect January 10, 2024, adding the permit, the signs and the shipping age check.

Which Florida kratom bills failed?

Nearly all of them. The first wave tried to ban the plant’s alkaloids. The second tried to write stricter rules for sellers.

From 2015 to 2017, bills to add mitragynine and 7-hydroxymitragynine to Schedule I came up three sessions in a row:

• 2015: Senate Bill 764 cleared the Senate Criminal Justice Committee 3 to 2 on March 10, 2015, then died in an appropriations subcommittee on May 1. A House bill that year, HB 287, would have had state agencies collect data on kratom. It died in committee on April 28.
• 2016: House Bill 73 cleared two House subcommittees, 13 to 0 and 12 to 1, and died in the Judiciary Committee on March 11, 2016. Its Senate partner, SB 1182, cleared Criminal Justice 3 to 2 and died the same day.
• 2017: Senate Bill 424 and House Bill 183 both died in their first committee on May 5, 2017.

None of the three ever reached a floor vote. The legislative record doesn’t say why.

The next bills asked for seller rules in place of a ban. Senate Bill 1978 would have required sellers to register with the department and barred sales to anyone under 21. It died in committee on April 30, 2021. In 2022, Senator Gruters filed SB 1076 and Representative Andrade filed HB 1071. Both died on March 14, 2022. The 2023 law that finally passed kept only the age limit.

Every attempt to expand that law has died since. SB 842 and HB 861 would have barred certain kratom products and extracts. Both died on March 8, 2024. SB 1734 and HB 1489 died on June 16, 2025. The House version carried most of what came back in 2026.

The 2026 House bill went furthest. House Bill 1205, filed by Representative Black, passed its first subcommittee 17 to 0 on February 12, 2026. As amended, it would have:

• capped 7-OH at 2 percent of a product’s total alkaloids and barred synthetic alkaloids
• required testing by a laboratory the department certified
• limited store sales to places that bar anyone under 21, and to liquor stores holding a quota license
• required online sellers to hold a Florida food permit, check each buyer’s age against a database or an ID, call the buyer after 5 p.m. before shipping, and ship so that an adult signs at the door
• made it a civil infraction to take kratom within 1,000 feet of a school between 6 a.m. and midnight

It died in the House Budget Committee on March 13, 2026. Its Senate counterpart, SB 994, died the same day without a committee vote.

One more 2026 bill touched kratom’s alkaloids. As filed on November 7, 2025, Senate Bill 432 would have written a 7-OH limit of 400 parts per million into Florida’s drug schedules. By the time it passed, 37 to 0 in the Senate and 111 to 0 in the House, that section was gone. The law it became, chapter 2026-148, deals with nitrous oxide and xylazine and doesn’t mention kratom.

How has Florida limited 7-hydroxymitragynine?

Through emergency rules from the Attorney General, five between August 2025 and August 2026, and through label rules from the Department of Agriculture.

An emergency rule takes effect the day it’s filed. Florida law lets the Attorney General use one to place a substance in Schedule I on a temporary basis. Each new rule superseded the one before:

• August 12, 2025: 7-OH concentrated above 1 percent of a product’s total weight
• August 19, 2025: the line dropped to 400 parts per million on a dry-weight basis
• December 8, 2025: a replacement rule kept the 400 line
• July 1, 2026: a new rule added six compounds related to 7-OH
• August 18, 2026: the current rule, with the 1 milligram per gram line and the 100 to 1 ratio, keeping three of the related compounds and dropping the other three

Four hundred parts per million is 0.4 milligrams per gram. So the current concentration line sits two and a half times higher than the 2025 one, and the ratio test sits beside it.

When the first rule issued, the Attorney General’s office said that 7-OH occurs naturally in the kratom plant. It said levels are low in whole kratom leaves, and that the rule reached isolated or concentrated forms. In the notice for the current rule, the Attorney General said he’ll ask the Legislature to write it into law during its 2027 session.

The Department of Agriculture has required 7-OH on kratom labels since 2025. The earlier rules asked for parts per million. The current rule, from August 24, 2026, is the one described above.

How is Florida enforcing its kratom rules?

Mostly against 7-OH products, through stop-sale orders.

On September 8, 2025, the Department of Agriculture said its inspectors had removed 17,311 packages of isolated or concentrated 7-OH. They came from stores in 23 counties, mostly gas stations, vape shops and convenience stores. In the same announcement, the department said kratom leaves in their natural state contain very low levels of 7-OH, and that the products it removed held the compound isolated or concentrated.

We have never sold 7-OH products and we do not defend them.

The department’s guidance to stores sets out how it handles label problems. Written under the earlier rules, it said a product over the 7-OH limit goes under a stop-sale order at once. A product under the limit but missing the label figure usually gets a citation and a follow-up visit on a first violation, unless other problems are present.

Could Florida kratom law change?

Yes. The Legislature’s next regular session opens March 2, 2027. The Attorney General has said he’ll ask that session to write his 7-OH rule into law, and bills like HB 1205 can be filed again. The governor can also call a special session.

Federal action sits above all of this. On October 14, 2026, the DEA published a federal proposal. It uses the same two lines Florida adopted: 1 milligram per gram and 100 to 1. It’s a proposal, not a rule, and this page doesn’t state federal law. Our page on whether kratom is legal federally tracks it, and the Kratom Legality hub carries every state.

If a Florida bill moves, the Legislature’s own site shows it first. Not a store’s website. Ours included.

Can you order kratom online in Florida?

Yes. Florida’s law reaches anyone who sells or delivers kratom to a buyer in the state, and the department’s rule requires a seller to confirm a buyer is 21 or older before anything ships.

We’re based in Arlington, Texas, and Florida is the second-largest state for our orders. We verify age at checkout. Every lab report we publish for our Whole Earth line measures 7-OH. You can check a batch against Florida’s limit yourself on our lab tests page. Our reports give 7-OH as a percent by weight, and Florida’s line of 1 milligram per gram equals 0.1 percent. We carry kratom powder and kratom capsules from Whole Earth and other brands.

Is kratom legal in the states around Florida?

In one of the two. Georgia allows kratom and sets its buying age at 21. Alabama bans it.

That makes the drive west the one that catches people out. Kratom bought legally in Florida becomes possession in Alabama the moment you cross the state line. The law reaches you where you are, not where you bought it. Traveling with kratom covers what that means on a drive and in an airport.

Can a city or county in Florida ban kratom?

One county has. Sarasota County adopted Ordinance 2014-013 on February 12, 2014. It lists kratom among the designer drugs it bans and makes it a violation to sell, buy, possess, package or transport one. It applies in every part of the county, its cities included. A violation is a misdemeanor, and civil fines run $250 to $500 per violation. We don’t ship anywhere in Sarasota County, and our shipping page keeps the full list of places we don’t ship.

This page covers state law. Cities and counties can add rules of their own, and those rules differ and change.

There’s no reliable way to track every local rule in the country, and we are not going to pretend there is. Check your own city and county before you buy, carry or travel.