Kratom, a botanical extract from the leaves of Mitragyna speciosa, has gained popularity for its stimulant effects at low doses and pain-relief or calming effects at higher doses. As kratom use spreads across the U.S., Florida has taken a proactive stance: since July 2023, the Florida Kratom Consumer Protection Act has allowed adults aged 21 and older to legally purchase kratom, while setting quality and safety standards for vendors. However, one notable exception exists: Sarasota County banned kratom in 2014, classifying it as a designer drug.
This guide unpacks everything you need to know about Florida’s kratom laws in 2025, covering statewide regulations, local bans, enforcement, and the evolving legislative landscape, including recent efforts aimed at tightening quality controls. Whether you’re a consumer, vendor, or simply curious, this article will help you navigate Florida’s kratom rules with confidence.
What is Kratom?
Kratom (Mitragyna speciosa) is a tropical evergreen tree grown in regions such as Indonesia, Malaysia, Thailand, and Papua New Guinea. Its leaves contain active compounds, primarily mitragynine and 7-hydroxymitragynine, which produce dose-dependent effects. At low doses, kratom acts as a stimulant, promoting energy and focus, while at higher doses, it can produce sedative and opioid-like effects, including pain relief and euphoria. Traditionally, kratom has been used in Southeast Asia for medicinal purposes, such as alleviating pain, fatigue, and opioid withdrawal symptoms, or during cultural and religious ceremonies.
In the U.S., kratom is commonly sold as a powder, capsule, extract, or tea and is available in herbal stores, vape shops, online vendors, and even some bars. Despite its growing popularity, kratom remains controversial due to its potential for dependence, addiction, and overdose, particularly when combined with other substances. The lack of federal regulation has led to a patchwork of state and local laws governing its use, including in Florida.
Is Kratom Legal in Florida?
As of June 2025, kratom is legal to possess, use, and sell in Florida, with the exception of Sarasota County, where it has been banned since 2014 under a local ordinance classifying it as a “designer drug”. Statewide, the Florida Kratom Consumer Protection Act (KCPA), effective since July 1, 2023, regulates kratom products to ensure consumer safety. This legislation prohibits the sale of kratom to individuals under 21 years of age, mandates accurate labeling and quality standards to prevent adulteration, and grants the Florida Department of Agriculture and Consumer Services (FDACS) authority to enforce these regulations. Violations can result in penalties, including fines and license suspensions.
Key points:
- Legal Status: Kratom is legal in Florida, except in Sarasota County.
- Age Restriction: Sale to individuals under 21 is prohibited.
- Regulatory Oversight: FDACS enforces compliance with labeling and quality standards.
- Penalties: Non-compliance can lead to fines and license suspensions.
Consumers and vendors should stay informed about local ordinances and state regulations to ensure compliance with the law.
Local Exception: Sarasota County
While kratom is legal across most of Florida, Sarasota County is a notable exception. In 2014, Sarasota County passed a local ordinance classifying kratom as an illegal designer drug, making its possession, sale, and use prohibited within county lines. Violators face a misdemeanor charge, which can result in up to 60 days in county jail, a $500 fine, and mandatory court appearances. This local ban predates the statewide KCPA and remains in effect, creating a unique legal landscape within Florida.
Florida Kratom Consumer Protection Act 2025 (HB 1489)
The Florida Kratom Consumer Protection Act (HB 1489) is a comprehensive law designed to regulate the manufacturing, distribution, sale, and labeling of kratom products in Florida. Effective January 1, 2025, this law aims to safeguard consumers while providing a legal framework that allows kratom to remain accessible to adults under strict conditions.
This act significantly expands upon Florida’s earlier kratom regulations by introducing mandatory testing, clear packaging requirements, restricted sales environments, and substantial penalties for noncompliance.
What the Florida Kratom Law Requires
Testing and Certification
The law mandates that all kratom products undergo rigorous testing through independent laboratories certified by the Florida Department of Agriculture and Consumer Services (DACS). These labs must meet strict chain-of-custody protocols and are subject to random, unannounced audits.
Kratom testing must check for:
- Alkaloid levels, including mitragynine and 7-hydroxymitragynine
- Heavy metals
- Mycotoxins
- Pesticides
- Residual solvents
- Synthetic kratom alkaloids
- Any other contaminants deemed unsafe for consumption
Packaging and Labeling Rules
All kratom products sold in Florida must comply with detailed packaging and labeling standards. These requirements are designed to prevent consumer confusion and ensure safety.
Packaging must:
- Be non-transparent and protect against heat and light
- Include a scannable QR code or barcode linking to the product’s certificate of analysis (COA)
- Display a clear expiration date and batch testing number
- Include a standardized universal kratom symbol, which will be developed by DACS
- Feature a warning label clearly identifying the product as kratom
- Avoid logos, images, or designs that are attractive to children
Sales and Distribution Restrictions
Florida law places clear limits on where and how kratom can be sold.
Legal sales can occur through:
- Licensed food establishments with valid DACS permits
- Retailers restricting access to those 21 years or older, or securely locking kratom products away from minors
- Licensed alcoholic beverage retailers (with strict storage and display requirements)
Kratom sales are prohibited at:
- Festivals, fairs, trade shows, farmers markets, and pop-up shops
Rules for Online and Remote Sales
Businesses that sell kratom online or via remote sales must meet several age-verification and compliance requirements:
- Verify that the purchaser is 21 years or older using government ID or a verified database
- Obtain a signed certification from the buyer confirming their age and understanding of the law
- Include pre-shipping notices and ensure shipping labels clearly state kratom cannot be sold to minors
- Use delivery services that require an ID check upon delivery
Product Safety Standards
To further protect consumers, the law prohibits kratom products that:
- Contain 7-hydroxymitragynine exceeding 2% of the total alkaloid content
- Include synthetic kratom alkaloids, including synthetic mitragynine and synthetic 7-hydroxymitragynine
- Are adulterated with harmful non-kratom substances
- Fail to comply with any safety, purity, or labeling requirements outlined in the statute
Penalties for Violations
Florida enforces a tiered system of penalties for noncompliance with HB 1489:
- First offense: Second-degree misdemeanor
- Second offense (within 12 months): First-degree misdemeanor
- Third or subsequent offense (within 12 months): Third-degree felony
Additional consequences include:
- Fines up to $5,000 per violation
- Seizure and destruction of noncompliant products under the Florida Contraband Forfeiture Act
- Suspension, probation, or revocation of business licenses
- Violators are responsible for all costs associated with the seizure and destruction of illegal products
Restrictions Near Schools
Florida further restricts kratom use near schools. It is illegal to consume kratom within 1,000 feet of a public or private school between 6 a.m. and midnight, unless the use is inside a private residence or within a moving vehicle.
Violations of this provision result in civil penalties such as:
- A $25 fine
- Up to 50 hours of community service
- Or mandatory participation in an anti-drug education program
The Florida Kratom Consumer Protection Act (HB 1489) reflects the state’s commitment to regulating kratom responsibly. This law doesn’t ban kratom but creates a structured legal framework to ensure only safe, tested, and accurately labeled products are sold and only to adults aged 21 and older.
This regulatory approach aims to protect consumers while reducing risks associated with contaminated or misleading kratom products. Vendors, manufacturers, and consumers must stay fully compliant with these regulations beginning January 1, 2025, to avoid severe penalties.
Federal Context and Kratom’s Legal Landscape
At the federal level, kratom is not classified as a controlled substance by the Drug Enforcement Administration (DEA), though it has been listed as a “drug of concern” since June 2020. In 2016, the DEA announced plans to classify kratom as a Schedule I substance, alongside drugs like heroin and LSD, but withdrew the proposal after significant public backlash. The Food and Drug Administration (FDA) has consistently warned against kratom use, citing risks of liver toxicity, seizures, and substance use disorder.
The FDA has not approved kratom as a drug, dietary supplement, or food additive, and it considers kratom products adulterated under the Federal Food, Drug, and Cosmetic Act.
The lack of federal regulation has left kratom’s legality to state and local jurisdictions, resulting in a varied landscape:
- States with Bans: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin have banned kratom outright.
- States with KCPA Laws: Arizona, Georgia, Utah, and Florida (among others) have passed KCPA legislation to regulate kratom while keeping it legal.
- Local Bans: Cities like San Diego, CA, and Denver, CO, have imposed local bans despite state-level legality.
Florida’s adoption of the KCPA aligns with states seeking to regulate rather than prohibit kratom, reflecting a growing recognition of its use while addressing safety concerns.
Health and Safety Considerations
Kratom’s legal status in Florida is closely tied to concerns about its safety and potential for abuse. Below are key health considerations based on available data:
Reported Benefits
Advocates claim kratom offers therapeutic benefits, including:
- Pain Relief: Kratom’s alkaloids may provide analgesic effects, making it a popular alternative for managing chronic pain.
- Opioid Withdrawal: Some users report kratom helps alleviate withdrawal symptoms from opioids like heroin or prescription painkillers.
- Energy and Mood Enhancement: At low doses, kratom may boost energy and improve mood, similar to caffeine.
Oliver Grundmann, a clinical professor at the University of Florida, has studied kratom since 2016 and suggests it may have legitimate uses in controlled environments, particularly for opioid withdrawal. However, he emphasizes the need for regulation to ensure product safety.
Risks and Side Effects
The FDA and other health authorities have highlighted significant risks associated with kratom:
- Addiction and Dependence: Regular use, especially at high doses (over 5 grams daily, multiple times per day), can lead to physical dependence and withdrawal symptoms, including irritability, nausea, and cravings.
- Overdose Risk: The CDC reported 91 kratom-related overdose deaths from July 2016 to December 2017. A Tampa Bay Times investigation found over 580 kratom-related deaths in Florida from 2013 to 2023, though most involved combinations with other substances like heroin, fentanyl, or cocaine. At least 46 deaths were attributed solely to kratom. A kratom wrongful death lawyer can help families seek justice and compensation.
- Adulteration: Unregulated products may contain synthetic kratom, fentanyl, or other dangerous substances, increasing the risk of adverse effects.
- Side Effects: Common side effects include nausea, constipation, dizziness, and, in rare cases, liver toxicity or seizures.
Addiction Treatment in Florida
For those struggling with kratom dependence, Florida offers comprehensive treatment options. Facilities like WhiteSands Treatment provide medical detox, inpatient, and outpatient programs to address kratom addiction, often incorporating mental health support and holistic therapies. Recognizing signs of addiction early and seeking professional help is critical for long-term recovery.
Practical Guidance for Kratom Users in Florida
For individuals considering kratom use in Florida, here are key guidelines to ensure compliance and safety:
- Check Local Laws: Confirm that kratom is legal in your county. Avoid possessing or purchasing kratom in Sarasota County, where it is banned.
- Age Compliance: Only individuals 21 and older can legally purchase kratom in Florida. Vendors like Kats Botanicals and Super Speciosa adhere to this restriction and do not sell to minors.
- Purchase from Reputable Vendors: Choose vendors that comply with KCPA standards, providing clear labeling, dosage recommendations, and third-party testing to ensure product purity. Avoid products with unlisted ingredients or exaggerated health claims.
- Consult Healthcare Professionals: Speak with a doctor before using kratom, especially if you have pre-existing conditions or take medications, as kratom may interact with other substances.
- Stay Informed: Monitor legislative updates, as bills like SB 1734 indicate ongoing efforts to tighten regulations. Check resources like the Florida Senate website (www.flsenate.gov) or the FDACS for the latest rules.
The Future of Kratom in Florida
The legal status of kratom in Florida remains dynamic, with ongoing debates about its regulation. Advocacy groups like the American Kratom Association (AKA) argue for continued access with responsible oversight, citing kratom’s potential benefits. Meanwhile, critics, including the FDA and consumer watch groups, push for stricter controls due to health risks.
Proposed legislation like SB 1734 suggests Florida may further refine its KCPA to include stricter manufacturing standards and FDA registration for processors. However, the failure of this bill to pass in 2025 indicates challenges in reaching consensus. At the federal level, the DEA’s ongoing scrutiny could lead to a nationwide ban or classification of kratom as a controlled substance, which would override Florida’s laws.
Public sentiment on platforms like X reflects mixed views. Some users support kratom’s legality, citing its benefits, while others highlight concerns about its risks, referencing Florida’s regulations as a model for other states. These posts, however, are not conclusive evidence and reflect individual opinions rather than verified facts.
Conclusion
Kratom is legal in Florida under the Kratom Consumer Protection Act, with the notable exception of Sarasota County, where it is banned. The KCPA, effective since July 1, 2023, restricts sales to individuals 21 and older and emphasizes product safety through labeling and quality standards. Recent legislative efforts, such as SB 842 and SB 1734, indicate Florida’s commitment to refining these regulations, though challenges remain in balancing access with safety.
For users, staying informed about local laws, purchasing from reputable vendors, and consulting healthcare professionals are essential steps to ensure safe and legal kratom use. As research into kratom’s benefits and risks continues, its legal status in Florida and beyond will likely evolve, shaped by scientific evidence, public opinion, and legislative action.
For the latest updates on kratom regulations, visit the Florida Senate (www.flsenate.gov) or consult the Florida Department of Agriculture and Consumer Services. If you or someone you know is struggling with kratom dependence, contact treatment centers like WhiteSands Treatment at 877-640-7820 for support.
For those harmed by kratom, legal recourse is available under Georgia’s product liability and wrongful death laws. Our Kratom Attorneys can guide related claims, though consulting a Georgia kratom attorney is advised. Fill out our secure contact form today to explore your legal options and navigate Georgia’s evolving kratom landscape.
Sources
- NBC News, “Kratom targeted in crackdowns by states and cities,” August 17, 2024.
- River Oaks Treatment, “Can You Use Kratom in Florida: Is It Legal?” November 14, 2024.
- Kats Botanicals, “Is Kratom legal in Florida? Kratom Use & Legality,” October 1, 2024.
- Florida Senate, “Senate Bill 1734 (2025),” February 27, 2025.
- SupplySide Supplement Journal, “Florida becomes 11th state to pass kratom law,” June 5, 2023.
- Choice Botanicals, “Is Kratom Legal in Florida? Full Facts,” February 12, 2024.
- Bicycle Health, “Kratom Use Statistics & Legality By State,” February 21, 2023.
- Miami Herald, “Lawmaker seeks to limit the potency of some kratom products in Florida,” January 16, 2024.
- FDA, “FDA and Kratom,” August 20, 2024.
- WhiteSands Treatment, “Is Kratom Legal in Florida? Explained,” June 19, 2024.
- Super Speciosa, “Is Kratom Legal in Florida 2024? Guide to Florida Kratom Legality,” September 17, 2024.