Yes, kratom is legal in Florida for most adults aged 21 and above, except in Sarasota County, but with important restrictions on where and what type of product you can possess or buy. In Florida, it is illegal to sell, possess, or distribute the concentrated kratom byproduct 7‑hydroxymitragynine, commonly called “7‑OH,” while still allowing ONLY natural kratom.
Statewide Legal Status of Kratom in Florida
Florida law allows adults to buy, possess, and use kratom products, and the state has chosen regulation rather than a full statewide ban. At the state level, kratom is not listed as a controlled substance, so natural kratom leaf, powder, and capsules remain legal when sold in compliance with age and product rules.
In 2023, Florida enacted the Florida Kratom Consumer Protection Act (often referred to through House Bill 179 and later related legislation), which set a formal regulatory framework rather than prohibiting kratom outright. This framework makes Florida one of the states that explicitly recognize kratom in statute and regulate it through standards for age, labeling, and product safety.
Age Limits and Who Can Buy Kratom in Florida
Florida imposes a minimum age requirement for kratom purchases. Under the current law, kratom products may only be sold to adults, with the statutory threshold tied to the Kratom Consumer Protection Act and subsequent amendments. Earlier rules and some commentary referenced 21 as the age limit, while later statutory language and practice in 2025 describe 18 and older as the operative statewide minimum, reflecting evolving legislative adjustments.
Retailers are required to verify age at the point of sale, typically by checking government issued identification, and selling to someone under the legal age can result in penalties. These penalties can include fines and potential misdemeanor charges, aligning kratom with how Florida handles other age‑restricted products such as tobacco.
Sarasota County Ban and Local Rules
The major exception to statewide legality is Sarasota County, which has a local ordinance that bans kratom within its jurisdiction. In Sarasota County, it is illegal to sell, purchase, or possess kratom, and violations can lead to criminal charges regardless of the permissive state framework.
This county‑level ban covers unincorporated Sarasota County and is enforced by local law enforcement as a public safety measure. Residents and visitors must therefore pay close attention to county lines: kratom that is perfectly legal elsewhere in Florida becomes contraband once brought into Sarasota County.
Kratom Product Restrictions and the 7‑OH Ban in Florida
Florida distinguishes between natural kratom and certain potent derivatives. In August 2025, Florida made it a felony to sell, possess, or distribute concentrated 7‑hydroxymitragynine, commonly called “7‑OH,” placing it in the same category as serious controlled substances. This action made Florida the first state to specifically ban this concentrated kratom byproduct while still allowing natural kratom itself.
As a result, kratom products sold legally in Florida must not contain synthetic or concentrated 7‑OH or other dangerous non‑kratom substances. Vendors who offer products fortified with lab‑created 7‑OH or mislabeled high‑potency extracts risk felony charges and product seizures under the attorney general’s order and related enforcement actions.
Labeling, Quality, and Sales Rules
Under the Florida Kratom Consumer Protection Act, kratom products must include clear labeling and meet certain quality standards. Labels are required to list all ingredients, specify alkaloid content, and identify the manufacturer or distributor so consumers and regulators know who is responsible for the product.
The law also prohibits selling kratom products that are adulterated with dangerous substances or synthetic alkaloids and authorizes the Florida Department of Agriculture and Consumer Services to enforce these requirements. Enforcement tools include inspections, product confiscation, and administrative or criminal penalties for businesses that ignore the regulations.
Ongoing Legislative Activity
Florida continues to refine its kratom laws. Bills such as CS/HB 1489 and related Senate measures in 2025 further address where kratom products can be sold, conditions for remote or online sales, and restrictions on use near schools. These proposals reflect an ongoing shift from basic age limits toward a more comprehensive regulatory structure governing locations, licensing, and enforcement.
Courts have already been involved in challenges to aspects of Florida’s kratom policy, including legal challenges to the 7‑OH ban, but an administrative law judge in December 2025 upheld the attorney general’s prohibition. This signals that Florida is likely to maintain a strict stance on concentrated derivatives even as it keeps natural kratom legal for adults.
Which penalties apply for selling banned kratom compounds in Florida?
Selling banned kratom compounds in Florida can lead to both criminal charges and regulatory penalties, especially when products contain concentrated 7‑hydroxymitragynine (7‑OH) or other prohibited substances.
Criminal Penalties
Florida treats certain violations involving kratom products as misdemeanors or felonies, depending on what is being sold and how.
- Selling any kratom product that contains a controlled substance or other specifically prohibited compound (such as 7‑OH, now treated as a Schedule I substance in the state) can be charged as a third‑degree felony, punishable under the standard Florida felony sentencing statutes, which allow for up to 5 years in prison and monetary fines.
- Selling, delivering, or giving any kratom product to a person under 21 is expressly unlawful and is classified as a second‑degree misdemeanor, with penalties that can include up to 60 days in jail and fines under Florida’s misdemeanor penalty provisions.
Administrative and Civil Penalties
In addition to criminal charges, Florida’s kratom laws empower the Department of Agriculture and Consumer Services to treat non‑compliant kratom as contraband and to sanction businesses.
- Any kratom products manufactured, distributed, or sold in violation of the Florida Kratom Consumer Protection Act are subject to immediate stop‑sale orders, seizure, confiscation, and court‑ordered destruction once a violation is proven by a preponderance of the evidence.
- Processors and retailers can face administrative fines, with individual violations subject to significant monetary penalties (up to several thousand dollars per violation), and repeat or serious violations can trigger suspension or revocation of product registrations or permits needed to sell kratom legally in the state.
Because Florida now specifically bans concentrated 7‑OH and treats it as a Schedule I substance, selling products that contain this compound in anything beyond trace natural levels exposes a seller not only to these administrative sanctions but also to felony drug charges.
Practical Summary
For most of Florida, adults can legally buy and use natural kratom products that comply with the state’s labeling, age, and purity rules. The key risks come from entering Sarasota County with kratom, buying from vendors who ignore quality standards, or possessing concentrated 7‑OH products, which are now treated as serious contraband.