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Is Kratom Legal In Florida?

Kratom Legality in Florida
By Daniel Ricando​

Definition: In Florida, kratom may be legally sold and purchased subject to the state’s Kratom Consumer Protection Act, which was passed in 2023. However, Sarasota County is the notable exception. Here, kratom’s sale, possession, and use are prohibited.1

 

Science Behind It: The discussion about kratom in Florida reflects a larger national conversation about the substance. In recent years, there have been several legislative attempts at both state and local levels to regulate or ban kratom. These efforts often cite concerns regarding the substance’s safety, potential for abuse, and the lack of FDA approval.1

 

Examples in Action:

  • “Part of Senate Bill 842 would have made it illegal to sell a product that mixes Kratom with a harmful substance. SB 842 would have also banned any product labels claiming Kratom is intended to treat, cure or prevent any medical condition or disease.”2

“Last year, lawmakers passed and Gov. Ron DeSantis signed into law a bill banning kratom sales to those younger than 21. But that bill placed no other restrictions on kratom products.”7

 

Key Takeaways:

  • Kratom Legality By City: Residents over 21 of Tampa, Miami, Orlando, and other parts of Florida can legally purchase and consume kratom. However, in Sarasota County, kratom is prohibited.4
  • Kratom IQ™ Keeps You In The Know: Kratom IQ™ informs you about kratom and its legal compliance in Florida.

 

The Current Legal Status Of Kratom In Florida

As of this writing, kratom is legal for those over the age of 21 in the state of Florida, with the exception of Sarasota County.4 In 2014, Sarasota County passed a local ordinance that defined kratom as a “designer drug” and made selling, delivering, manufacturing, or importing kratom within the county limits illegal.4 This ordinance means that while citizens who are over 21 years old and who live in Tampa, Miami, Orlando, and other parts of Florida can legally purchase and consume kratom, those living in or visiting Sarasota County are prohibited from doing so.4

The legal status of kratom in Florida reflects a broader discussion on the federal level as well. The FDA has not approved kratom for any medical use.3 This dichotomy highlights the ongoing debate about kratom’s benefits and potential health risks. It’s crucial for residents and visitors in Florida to be aware of these legal distinctions, especially considering how laws can vary significantly from one county to the next.

Kratom IQ™ emphasizes the importance of adhering to all local laws and regulations regarding kratom. Learn more about the legality of kratom and discover more with Kratom IQ, your one-stop shop resource for learning about Mitragyna Speciosa.

 

Kratom Laws Across Different Florida Cities

While discussing kratom’s legality in Florida, it’s crucial to delve into how this legality varies across different cities and counties within the state. Florida exhibits a patchwork of regulations concerning kratom, reflecting the diverse opinions and research surrounding this natural supplement.

 

Miami, Orlando, Jacksonville, And Tampa

In most of Florida, kratom is perfectly legal for individuals over the age of 21. This means that in cities like Miami, Orlando, Jacksonville, and Tampa, consumers can purchase and use kratom without facing legal consequences.4

 

Sarasota County

Sarasota County stands out as a significant exception to Florida’s generally permissive stance on kratom. In 2014, Sarasota County passed a local ordinance that effectively bans the sale and possession of kratom within its borders, treating it similarly to more strictly regulated substances.4 This local law was enacted due to concerns about potential health risks and the lack of FDA approval for kratom.

Apart from Sarasota County, the rest of Florida has not imposed additional regulations on kratom, allowing the sale, possession, and use of kratom products, provided they meet general safety and age restrictions.4 This legal landscape means that most Floridians over 21 can legally access kratom products for their wellness needs, benefiting from the natural supplement’s potential for minor pain relief from physical activity, energy enhancement, and mental clarity as part of their health and wellness regimen.*

 

Kratom Legality in Florida

 

For customers in Florida, understanding these local nuances is essential. While residents over 21 outside of Sarasota County can legally purchase and enjoy the health benefits of kratom,4 those within the county need to be aware of the local restrictions. 

 

The Debate Over Kratom’s Legality in Florida

In Florida, the legality of kratom has been the subject of considerable debate, reflecting a larger national conversation about the appropriate regulation of this unique botanical substance. State legislative attempts to ban kratom in Florida have failed and in 2023, the State of Florida passed a bill permitting the sale of kratom. In the past, bills have been introduced to ban kratom statewide, but none have successfully passed into law. This ongoing legislative debate showcases the nuanced perspectives of lawmakers, healthcare professionals, and the public regarding kratom’s place within the Florida community.

 

Health And Safety

One of the focal points of the discussion has been the ingredient’s impact on health and safety. Critics of kratom raise concerns about the potential for misuse and the need for regulation to ensure consumer safety.7

 

Regulations

In Florida, as in many states, there is statewide legislation permitting the sale and distribution of  kratom, but individual municipalities have the right to enact more restrictive laws. For example, Sarasota County has chosen to enact its ban on kratom, while other areas of Florida continue to allow its sale and use.4 This patchwork of regulations underscores the broader debate about how best to approach kratom’s availability while considering the well-being of the public.

 

Substance Abuse: 

As the conversation about kratom use continues, it remains clear that any path forward will require thoughtful consideration of the complex issues at play, including the voices of those who advocate for the responsible use of kratom as part of a holistic approach to wellness.

 

Exploring Statewide Regulations On Kratom

Particularly in the United States, the legal status of kratom can vary significantly from one state to another,8 highlighting the importance of staying informed about local regulations. When it comes to the state of Florida, understanding these regulations becomes crucial for residents and visitors alike who wish to utilize kratom for its various potential health benefits.

  • Florida’s stance on kratom is particularly interesting due to its specific legal nuances. While kratom is legal in the majority of the state to those over 21,4 there is a crucial exception that individuals looking to purchase or use kratom should be aware of. Sarasota County stands out as a local jurisdiction that has chosen to ban the substance entirely. This means that within the boundaries of Sarasota County, the possession, sale, and consumption of kratom are prohibited.4
  • The divergence between state and local laws in Florida underscores a broader trend seen across the United States, where kratom’s legal status can sometimes be complex and inconsistent. It’s a reminder of the importance of being well-informed about not only statewide statutes but also local ordinances that may govern the use of substances like kratom.
  •  

Kratom Usage In Florida: What You Need To Know

In Florida, the legal status of Kratom has been a topic of much discussion and, at times, confusion. The Florida Kratom Consumer Protection Act provides that it is lawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to any person provided they are  over 21 years of age.4 If you or someone you know is a resident, here are some factors to consider as far as the legality of kratom usage in Florida: 

 

Accessibility

For those living in or traveling to areas within Florida where Kratom is legally accessible, it’s crucial to understand not just the legal landscape but also the responsibilities that accompany its use. As a natural supplement, Kratom has garnered attention for its potential benefits, which include minor pain relief from physical activity, enhanced energy levels, and improved mental clarity.6 However, ensuring that these products are used safely and responsibly falls squarely on the user.*

 

Kratom Legality in Florida 

 

Changes In Legal Status Or Local Regulations

When considering Kratom usage in Florida, it’s also vital to stay informed about any potential changes in legal status or local regulations. As awareness and understanding of Kratom continue to evolve, so too can the legal landscape. This highlights the importance of relying on reputable sources for both your information and your Kratom products.

 

Read also:

 

Frequently Asked Questions On The Legality Of Kratom In Florida

 

Is kratom legal in Florida?

Yes, kratom is legal in the state of Florida, with the exception of Sarasota County.4 This means that individuals can legally buy, sell, possess, and use kratom in most parts of the state. Florida citizens over the age of 214 have the freedom to explore natural health products like kratom for their wellness needs.

 

Are there any exceptions where kratom Is illegal in Florida?

The only territorial exception to the legal status of kratom in Florida is Sarasota County. In this county, there is a local ordinance that bans the sale, possession, and consumption of kratom.4 It’s essential for residents and visitors in Sarasota County to be aware of this exception to avoid legal issues. As far as age, it is illegal for people to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to any person who is under 21 years of age.4

 

What is kratom used for?

Kratom is a natural supplement that many individuals use for various health and wellness purposes.7 Some of the common uses include minor pain relief from physical activity, enhancing energy levels, improving mood, and promoting mental clarity.6 Despite its benefits, individuals should approach kratom use with caution and be informed about its effects and legal status.*

 

Can I purchase kratom anywhere in Florida?

Those over the age of 214 can purchase kratom in most parts of Florida, except in areas where it is banned, such as Sarasota County. Kratom products are available in several forms, including powders, capsules, and teas. It’s important to buy from reputable vendors like Kratom IQ™, which ensures the purity and potency of its products, adhering to the highest standards for customer safety and satisfaction.

 

Why is kratom legal in Florida?

Kratom remains legal in Florida largely because there hasn’t been enough evidence to warrant a statewide ban. Users and advocates of kratom argue for its benefits and oppose regulation, citing its natural qualities and potential health benefits. Lawmakers have so far respected these perspectives, allowing its use statewide with the exception of Sarasota County.

 

Have there been any legal attempts to ban kratom in Florida?

Yes, there have been attempts to regulate or ban kratom in Florida.4 However, these attempts have not led to a statewide ban, with the exception of the local ordinance in Sarasota County.4 Legislation at the state level has been considered but hasn’t passed, reflecting the ongoing debate around the substance and its benefits versus potential risks.

Caution: Kratom is not intended for those under the age of 21. Do not consume if pregnant or breastfeeding. Do not consume while operating heavy machinery. Do not take if you have a medical condition. Do not use with alcohol or drugs. To do so might cause serious harm. Consuming on an empty stomach or exceeding 1 serving per 24-hour period may cause nausea. Intended for short-term use only. Please consult a physician prior to using.

*These statements have not been evaluated by the FDA and these products are not intended to diagnose, treat, cure, or prevent any disease.

 

Sources: 

  1. Is kratom legal in Florida? full facts. Choice Botanicals. (2024a, February 15). https://choicekratom.com/blogs/news/is-kratom-legal-in-florida?srsltid=AfmBOoqSmS2sv9ckqKqVLasFszKJeU0Fqyi7UJ3Q25azMJY5YiFlrReE 
  2. Anwer, S. (2024, January 17). Kratom use growing in Florida: What to know about the substance some states made illegal. WPLG. https://www.local10.com/health/2024/01/17/kratom-use-growing-in-florida-what-to-know-about-the-substance-some-states-made-illegal/ 
  3. Drug fact sheet: Kratom. (n.d.-a). https://www.dea.gov/sites/default/files/2020-06/Kratom-2020_0.pdf 
  4. CS/HB 179 Florida kratom consumer protection act … (n.d.-a). https://www.flsenate.gov/Session/Bill/2023/179/Analyses/h0179z1.RRS.PDF 
  5. Commissioner, O. of the. (n.d.-a). FDA and Kratom. U.S. Food and Drug Administration. https://www.fda.gov/news-events/public-health-focus/fda-and-kratom 
  6. WebMD. (n.d.-b). Kratom: Effects and benefits. WebMD. https://www.webmd.com/diet/health-benefits-kratom 
  7. Lawmaker seeks to limit the potency of some kratom products in Florida. (n.d.-c). https://www.miamiherald.com/news/politics-government/state-politics/article284287913.html 
  8. Kratom Regulation: Federal status and state approaches. (n.d.-c). https://crsreports.congress.gov/product/pdf/LSB/LSB11082

Further Reading

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How To Take Kratom

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