Last verified:
Status Indicators
- Legal statewide and regulated under the Florida KCPA (HB 179, effective July 1, 2023)
- 21+ minimum age for purchase, one of the higher KCPA age limits in the US
- BANNED in Sarasota County since 2014 (state KCPA did not preempt the local ordinance)
- 7-hydroxymitragynine capped at a small percentage of total alkaloids per KCPA labeling rules
At a Glance
| Field | Value |
|---|---|
| Legal Status | Legal under KCPA statewide. Banned in Sarasota County. |
| Age Limit | 21+ |
| Regulated | Yes (KCPA, FDACS oversight) |
| Controlled Substance | No |
| Last Policy Change | July 1, 2023 (HB 179 effective) |
Understanding Federal vs. State Law
Kratom is federally unscheduled. Florida’s 2023 KCPA reflects a regulatory rather than prohibitionist approach. Florida is the 11th US state to enact a KCPA. The 21+ age requirement is one of the strictest in the KCPA-state group. Sarasota County’s pre-existing ordinance is allowed to coexist with the state framework because HB 179 did not include a preemption clause.
KCPA Section
HB 179 (2023), Florida Kratom Consumer Protection Act:
- Signed by Governor Ron DeSantis on June 2, 2023
- Effective July 1, 2023
- Age 21+ purchase requirement
- Mandatory accurate labeling (alkaloid content, ingredients, safe usage)
- Prohibition on synthetic alkaloids and dangerous additives
- 7-hydroxymitragynine limited to a defined small percentage of total alkaloids
- Florida Department of Agriculture and Consumer Services (FDACS) is the enforcement agency
- Sponsor: State Senator Joe Gruters, R-Sarasota
County & City Restrictions (detailed)
Sarasota County, FL: Kratom ban enacted in 2014. The county classified kratom as a designer drug. The 2023 state KCPA did not preempt this ordinance. Buyers and sellers within Sarasota County (Sarasota city, Venice, North Port, Englewood, etc.) are subject to the county ordinance. The rest of Florida has no kratom restrictions.
Legislative Timeline
| Date | Event |
|---|---|
| 2014 | Sarasota County bans kratom by labeling it a designer drug |
| June 2, 2023 | Governor DeSantis signs HB 179 (Florida KCPA) |
| July 1, 2023 | HB 179 takes effect statewide. FDACS begins enforcement. |
| 2025 sessions | Additional KCPA-related bills (HB 1489, SB 1734) advanced. Track for any expansion of consumer protections. |
Penalties
KCPA violations are enforced by FDACS. Selling to under-21 buyers or selling adulterated product can result in administrative penalties and product seizure. Sarasota County ordinance carries its own penalty schedule under the county code.
Buying & Shipping to Florida
Shipping kratom to Florida outside Sarasota County is unrestricted. Vendors must comply with FDACS labeling rules. Sarasota County addresses should not receive kratom shipments. Reputable vendors block Sarasota County ZIP codes.
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Q: Can I fly into Florida with kratom?
A: Yes. Kratom is legal in Florida under the KCPA. Miami International, Orlando International, Tampa International, Fort Lauderdale-Hollywood International all serve travelers without kratom-specific restrictions. Avoid Sarasota-Bradenton International if your destination is in Sarasota County.
Q: Is kratom legal in Miami, Orlando, and Tampa?
A: Yes. These cities have no local kratom restrictions and operate under the state KCPA framework.
Q: What is Florida’s minimum age to buy kratom?
A: 21 under HB 179 (the Florida KCPA).
Q: Is Sarasota County still banned for kratom?
A: Yes. The 2014 Sarasota County ordinance remains in effect. The 2023 state KCPA did not preempt it.
Q: Can I drive through Florida with kratom?
A: Yes through most of the state. Travelers passing through Sarasota County should be aware of the local ban.
Q: When did Florida pass the KCPA?
A: HB 179 was signed by Governor DeSantis on June 2, 2023 and took effect July 1, 2023. Florida was the 11th US state to enact a KCPA.
Sources
- www.flsenate.gov/Session/Bill/2023/179/Analyses/h0179z1.RRS.PDF, Florida Senate official analysis of CS/HB 179, the Florida Kratom Consumer Protection Act
- floridapolitics.com/archives/616127-florida-kratom-consumer-protection-act-signed-into-law/, Florida Politics coverage confirming Governor DeSantis signed the KCPA on June 2, 2023
- www.flhouse.gov/Sections/Bills/billsdetail.aspx?BillId=76861&SessionId=99, Florida House of Representatives bill detail page for CS/CS/SB 136 (related 2023 KCPA legislation)
- www.supplysidesj.com/supplement-regulations/florida-becomes-11th-state-to-pass-kratom-law, Coverage confirming Florida as the 11th state to pass KCPA
- amazingbotanicals.net/learn/kratom-legality/kratom-legality-florida/, 2026 status overview including Sarasota County exception
- www.flsenate.gov/Session/Bill/2025/1734/Analyses/2025s01734.cm.PDF, Florida Senate analysis of 2025 SB 1734 expanding KCPA consumer protections
- www.flsenate.gov/Session/Bill/2025/1489/Analyses/h1489.IPA.PDF, Florida House analysis of 2025 HB 1489 (additional KCPA-related legislation)
Related Kratom Legal Guides
- Region hub: Is Kratom Legal in USA (Federal Hub)?
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- Is Kratom Legal in Oregon?
- Is Kratom Legal in New Hampshire?
- Is Kratom Legal in Wyoming?
- Is Kratom Legal in North Carolina?
- Is Kratom Legal in South Carolina?
Is 7-OH legal in Florida?
Only below a concentration limit. In Florida 7-OH is Schedule I above 400 ppm on a dry weight basis. Products at or below 400 ppm remain lawful, and the 7-OH concentration has to be declared on the label in ppm. Above that line the product is a Schedule I controlled substance.
7-OH (also written 7OH, or 7-hydroxymitragynine in full) is the alkaloid regulators treat separately from kratom leaf, and Florida handles it under Attorney General emergency rule 2ER25-2, with FDACS labelling rule 5KER25-6, scheduling from August 2025, labelling from 17 December 2025.
Federally, 7-OH is not a scheduled substance. The DEA proposed Schedule I status for material above 0.050% 7-OH by dry weight, or above 0.050% by weight or volume or 1.00 mg in a synthetic or further-processed article, on 6 July 2026 (91 FR 40917). That proposal is not in force. Separately, mitragynine pseudoindoxyl, MGM-15 and MGM-16 became Schedule I on 26 August 2026 (91 FR 54948); 7-OH itself was not part of that order.
Compare every jurisdiction’s 7-OH position, including the federal timeline and the exact threshold language, or read what 7OH actually is and how it differs from kratom leaf.
