Is Kratom Legal In Florida?


TL;DR: This guide breaks down everything you need to know about kratom’s legality in Florida, including statewide laws, local restrictions, and past legislative efforts to ban it. The article also covers where you can buy kratom, potential future regulations, and why staying informed about changing laws is important.
Disclaimer: This article is for informational purposes only and does not constitute medical, legal, or regulatory advice. Kratom is not FDA-approved, and its effects, risks, and legal status may vary by location. Always consult a healthcare professional before using kratom and check local laws to ensure compliance.
Kratom, a plant native to Southeast Asia, has sparked ongoing debate in the U.S. due to its stimulant-like and opioid-like effects. While some people may use it for alleged feelings of energy or relaxation, its legal status remains a hot topic, with different states - and even individual counties - taking varied approaches.
If you’re wondering whether kratom is legal in Florida, you’re not alone. This article breaks down Florida’s current kratom laws, including statewide regulations, local bans, and what you need to know before buying or using kratom in the Sunshine State.
Key Takeaways
- Kratom is legal in Florida for adults 21 and over, except in Sarasota County.
- Selling or giving kratom to anyone under 21 is illegal under the Florida Kratom Consumer Protection Act and can result in fines or jail time.
- Kratom is available in Florida at vape shops, head shops, and even some cocktail bars in cities like West Palm Beach, Delray Beach, and South Beach.
- Lawmakers have attempted to ban kratom statewide in the past, but all proposed bills have failed so far.
- Kratom is not FDA-regulated, and quality can differ between products, so consumers should be cautious.
Florida Kratom Laws
As of July 1, 2023, Florida law allows the sale and use of kratom—but with restrictions. Under the Florida Kratom Consumer Protection Act, selling or providing kratom to anyone under 21 is illegal.
Violating this law is considered a second-degree misdemeanor, which could result in a fine of up to $500 and even jail time.
For adults over 21, kratom remains legal in most of the state. However, local laws can vary, and some areas - like Sarasota County - have banned kratom altogether. If you’re in Florida and use kratom, it’s important to stay informed about both state and county regulations to avoid legal trouble.
For more information on kratom's legal status across the United States, you can refer to our guide: Where Is Kratom Legal in the United States.
Sarasota County’s Kratom Ban
While kratom is legal in most of Florida, Sarasota County has taken a different stance. In 2014, local officials passed an ordinance banning the sale, possession, and use of kratom, classifying it as a “designer drug.”
This means that even if you’re over 21, having kratom in Sarasota County could land you in legal trouble. Violating the ban is considered a misdemeanor and can come with fines of up to $500.
Kratom Legality Florida - Implications for Residents and Visitors
- Purchasing Kratom: If you’re 21 or older, you can legally buy kratom in Florida - except in Sarasota County, where it’s banned.
- Traveling with Kratom: Bringing kratom into Sarasota County is illegal. Check local ordinances before traveling to avoid legal trouble.
- Staying Informed: Kratom laws can change, so always refer to official sources or consult a legal professional for the latest updates.
Past and Future Challenges to Kratom’s Legal Status in Florida
Florida lawmakers have made several attempts to ban kratom, but so far, none have succeeded. In 2016, SB 11 and HB 73 failed to pass, and in 2017, SB 24 and HB 183 never made it out of committee.
Despite these efforts, kratom remains legal across most of the state (again, with the sole exception that is Sarasota County). You can find it in head shops, vape stores, and even cocktail bars in places like West Palm Beach, Delray Beach, and South Beach.
However, the debate is far from over - more legislative efforts to ban kratom in Florida could surface in the future. If the DEA ever classifies kratom as a Schedule I substance, it would automatically become illegal nationwide.
A Word About DEA
The DEA (Drug Enforcement Administration) is a U.S. government agency responsible for enforcing drug laws and regulating controlled substances. It monitors and classifies drugs based on their potential for abuse, medical use, and safety.
A Schedule I drug is a substance classified by the DEA as having:
- A high potential for abuse
- No accepted medical use in the U.S.
- A lack of accepted safety for use under medical supervision
Some well-known Schedule I substances include heroin, LSD, and ecstasy (MDMA). If the DEA were to classify kratom as a Schedule I drug, it would become illegal to possess, sell, or distribute anywhere in the U.S.
Health Considerations
Kratom sparks plenty of debate when it comes to health and safety. Supporters say it allegedly provides a natural alternative for relaxation or focus, while critics warn about potential risks. Some users report mild side effects like nausea, dizziness, or constipation, while others have experienced more serious issues, including dependency or withdrawal symptoms with frequent, high-dose use.
Health agencies like the FDA and DEA have raised concerns over kratom’s opioid-like effects, though research on its long-term impact is still limited. Because kratom isn’t regulated like prescription drugs, product quality can vary, and some kratom products may contain contaminants or additives - especially if you source it from a not-so-reputable vendor.
If you use kratom, it’s important to stay informed, listen to your body, and be aware of any changes in how you feel. Always check for updated research and consult a healthcare professional if you have concerns about its effects.
FAQs
Q: Is kratom legal in Florida?
A: Yes, kratom is legal for adults aged 21 and over in Florida, except in Sarasota County.
Q: Can you buy kratom in Florida?
A: Yes, people over 21 can purchase kratom in Florida, excluding Sarasota County.
Q: Are there any age restrictions for buying kratom in Florida?
A: Yes, as of July 1, 2023, you must be at least 21 years old to purchase kratom in Florida.
Q: Is kratom banned in any Florida counties?
A: Yes, Sarasota County has banned the sale, purchase, use, and possession of kratom.
Q: What are the penalties for possessing kratom in Sarasota County?
A: Possessing kratom in Sarasota County is a misdemeanor, punishable by a fine of up to $500.
Final Thoughts
Kratom remains legal for adults over 21 in most of Florida, with Sarasota County being the only exception. Its legal status in Florida has been a hot topic for years, and while it remains legal for most adults, the debate isn’t over.
If you buy or use kratom in Florida, it’s important to stay informed, especially about local ordinances that may differ from state laws. Always check official sources for updates, and if you have legal concerns, speak with a professional.
Disclaimer: This article is for informational purposes only and does not provide legal or medical advice. Kratom laws can change, so always verify the latest regulations before purchasing or using it.
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