The Sunshine State is known for its delicious oranges, sunshiny beaches, pristine wetlands, and relaxing atmosphere. People flock to Florida to embrace the free-spirited vibe of the state, and for many Floridians, this includes a quest for botanical wellness. Here at Kats Botanicals, we are proud to serve Florida with Kava, and CBD, and yes, we sell Kratom! But, if you live in the Sunshine State, is Kratom legal for you to use?
Today, we’re discussing:
- Current legality of Kratom use in Florida.
- Legal restrictions on sales of Kratom products in Florida.
- Best way to buy Kratom in Florida
- Our concerns about the herb’s regulation in the state of Florida.
- Seriously, what’s the deal with Sarasota County?
And, we’ll take a look at the uphill battle Florida is facing as bills to improve safety in using Kratom can’t seem to get past the committee roundtable votes.
What Is A Kratom Product?
You’d be surprised to know just how many people don’t really know what Kratom is and what it does. This includes people who are already using the substance.
Kratom is derived from the leaves of the Mitragyna speciosa tree, a tropical evergreen plant, native to Southeast Asia. The Kratom tree, or Kratom plant, a member of the Rubiaceae family, is closely related to the coffee plant. Because the herb goes by different names in different cultures, the culturally rich state of Florida may have areas that refer to Kratom by another name:
- Thang
- Kakuam
- Thom
- Ketum
- White Thai Kratom
- Also, look for MIT, Mitragyna, Mitragynine, or 7-OH (denotes potent extracts of Kratom)
The herb is normally seen in various forms:
The powerful potential of this botanical is due to the strain-specific, nuanced combinations of Kratom’s alkaloids and flavorful terpenes. In Florida, you can find Kratom in a variety of Kratom stores near you or online.
Note: Kratom’s safety is largely dependent on finding a trusted Kratom vendor, takingKratom dosage responsibly, and talking with your doctor if you are using any other medications or supplements. It is not considered safe to consume alcohol and Kratom.
Kratom Alkaloids | Uses For Kratom
Over 25 Kratom alkaloids are found in Kratom leaf and deliver all the potential benefits of Kratom. Effects can differ from Kratom strain to strain, and by venation; Red Vein, Green Vein, White Vein, Yellow Vein, and so on. People use Kratom to support comfort, reduce tension, relax (some strains), feel boosted (some strains), and for overall wellness and vitality.
Kratom: The Misunderstood Herb
For thousands of years, Kratom has been used in Southeast Asian countries like Cambodia, Thailand, Indonesia, Malaysia, Myanmar, and Papua New Guinea – so why not here? Some think that because it’s not indigenous to the US, we don’t have thousands of years of culture teaching us how to use it properly, or the genetic makeup of those adapted to the herb over generations. They believe this makes Americans more susceptible to misuse or overuse. The Food and Drug Administration’s hazy approach to the “drug” Kratom isn’t helping matters, especially when Kratom use is rapidly growing in the US.
Research is still in its infancy. Public knowledge is largely based on misinformation and anecdotal testimony. Add to the mix public outcry both in support and against Kratom use, and lawmakers can be under a lot of pressure to make decisions without understanding Kratom. Plus, imported goods need to be thoroughly screened to ensure their safety for American consumers. Age restrictions must be considered, and vendor practices must be monitored. It’s a lot to consider.
Federal Legal Vs State Legal Status Of Kratom
States like Florida aim to protect youth while keeping Kratom legal for sale, use, and transport – trusting constituents to do their due diligence to learn about the herb and use it properly.
Kratom can be controversial for several reasons:
- Kratom is a substance that can be misused or overused.
- Due to regulation, consumers can be subjected to impure, laced, or low-quality products.
- Inconsistencies and lack of transparency in product labeling.
- Confusion and misinformation are rampant.
Kratom is a substance some states made illegal: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. But Florida, so far, is not among these. So far, Kratom isn’t on any drug enforcement administration lists as a scheduled substance, but this legal landscape may change.
Efforts in 2016 were walked back due to overwhelming public outcry against it being listed as a controlled substance, which would make it illegal to sell, lumping the herb in with drugs like opioids, stimulants like cocaine, depressants, and hallucinogens. This means if you live anywhere in Florida, from Orlando to Panama City, your rights could be infringed if Kratom’s legality changes at the federal level.
Is Kratom Legal In Florida?
In short, yes, but you must be 21 to purchase Kratom products in Florida since the 2023 implementation of the Florida Kratom Consumer Protection Act, a state-level trend that’s being adopted in other states like Arizona, Georgia, Wisconsin, and Utah.
What Is The Florida Kratom Consumer Protection Act (Kcpa)?
The current Florida Consumer Protection Act was approved and went into effect on July 1, 2023, and is summarized as follows.
CS/HB 179 — Florida Kratom Consumer Protection Act:
…unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person under 21 years of age. A violation is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500. The Department of Agriculture and Consumer Services must adopt rules to administer the act.”
Proposed additional extensions to the current Florida Consumer Protection Act sought to extend the F-KCPA. Both efforts, thus far, have died in committees.
HB 861 – Florida Kratom Consumer Protection Act – Prohibits processors from selling, preparing, distributing, or exposing for sale certain kratom products & selling, delivering, bartering, furnishing, or giving kratom products to individuals under 21 years of age; revises penalties; provides exception. ( Died in Regulatory Reform & Economic Development Subcommittee on Friday, March 8, 2024)
Senate Bill 842: Florida Kratom Consumer Protection Act – Prohibiting processors from selling, preparing, distributing, or exposing for sale certain kratom products or kratom extracts; providing civil penalties for processors who violate certain provisions; providing an exception, etc. (3/8/2024 Senate – Died in Appropriations Committee on Agriculture, Environment, and General Government)
Kratom Is Illegal In Sarasota County, Florida
To make matters more confusing, one county acts as an outlier. Because counties can also place restrictions within their districts, you may be surprised to know that Sarasota County banned Kratom in 2014, labeling the substance as a “designer drug” (insert eye-roll here). Possession of Kratom is illegal in the county, which affects anyone who lives, works, or travels there.
Sec. 62-351. – Regulation of designer drugs and misbranded consumer commodities – Sarasota County, Florida, 2014 – This text is fairly extensive and, if we’re honest, an interesting read, specifying “Any capsule, pill, powder, liquid, vegetative material, product, or other substance, however constituted, including but not limited to any Synthetic Cannabis, Substituted Cathinone, or Kratom.”
Furthermore, this Sarasota Article calls out Kratom packaging that “implies that a product mimics” pharmacological options, or claims to promote “euphoric pleasure, heightened senses, increased orgasm, relaxation, awareness, focuses energy, energizes, improves memory, improves dreams, or provides mood alteration or enhancement” or “claims that it is a homeopathic, herbal, or natural substitute for a Controlled Substance.”
We wonder if Sarasota representatives had caffeinated coffees on their way to the office that day when Kratom’s legality was on their desks for review. Did they take any vitamins, maybe some CoQ10? Did they take melatonin the night before? We take botanicals all the time, and we make our best choices for our own bodies, dare we say…wisely. Until lawmakers can find the balance that honors the rights of constituents and places safety measures in place to be sure constituents can do just that – use botanical substances wisely to enhance or improve their lives – the legality of Kratom will continue to have a hazy future.
Can You Buy Kratom Online In Florida?
Yes, Kratom is legal in Florida to buy online as long as you don’t live in Sarasota County. (If you do, we’re sorry. Maybe write your county representatives regarding Kratom use and the safety of Kratom, and get involved with the AKA?) The rest of Florida – you’re good to go! Sale and possession of Kratom are legal as long as you are over the age of 21.
Kats Botanicals products adhere to high-ethics consumer-protection standards. We are recognized by the American Kratom Association and adhere to rigid cGMP standards for your safety.
Why Are Florida Lawmakers Concerned About Kratom Regulation?
Understanding Kratom is not a controlled substance, why are state representatives even concerned? Lawmakers worry over adverse effects, fear for public health, and want safeguards in place to protect their constituents. Six states have banned Kratom, so Florida lawmakers feel pressed to make their own decisions regarding Kratom’s legality.
Kratom’s popularity is growing faster than medical science can demonstrate its specific (potential) medicinal or recreational uses, and deliver an accurate safety profile for consumers. This means Florida lawmakers weigh what they know and consider the possible negatives, often without clear or factual information regarding the herb. Other states like Tennessee, Texas, and California have faced similar difficulties.
Preventing Consumer Harm By Regulating Safety
Preventing harm to consumers is an important job for state legislators. This applies whether you want to buy Kratom at a local store or buy Kratom online from a vendor your friend recommended to you. No matter where you buy Kratom, the laws that govern its sale and distribution apply in your state.
Protecting The Rights Of Floridians Vs Kratom Advocacy
Florida lawmakers prioritize public safety without being overly restrictive on adult use of the botanical. At this time, the FDA has not approved Kratom to treat any condition or disease, prevent any medical condition or disease, nor for supplemental or dietary purposes. But that doesn’t stop Kratom users from swearing it helps them with pain relief or gives them that extra boost at the gym. So, how do lawmakers determine what’s true? They kind of don’t – instead, taking a middle-of-the-road approach – they impose some restrictions on its use which are more aimed at public safety than restricting rights. (Except, of course, Sarasota County.)
If you want to express your thoughts to your state’s lawmakers, contact the Representatives of your state. Furthermore, support only those Kratom vendors who are active with the American Kratom Association and their advocacy to keep Kratom use safe and clean products legal and available for adult Americans.
The Growing Popularity Of Kratom In Florida
Floridians enjoy taking Kratom capsules on the go, sipping a Kratom shot on their lunch break, or ordering Kratom drinks in popular Kava Bars, none-the-wiser. They just know Kratom makes them feel good. Some do the homework and seek to understand this complex herb, while others are happy to sample and enjoy its effects. An estimated 11 – 13 million people are using Kratom (according to Mac Haddow, Senior Fellow on Public Policy for the American Kratom Association, 2023.) How many of those millions are in Florida? Your guess is as good as ours.
But due to the high numbers of Kava Bars in Florida, where Kratom drinks are often sold, you can bet Florida owns a respectably high portion of those estimates. Given its exponential growth in popularity as a social drink, and for its easy-to-use health and wellness potential, Kratom is catapulted into a turbulent legal landscape.
Kats Botanicals offers a wide selection of Kratom informational guides to inform about the effects of Kratom, use of the product, and how you can easily select which Kratom strain is best for you.
Current Legality For Kratom Use In Florida
Legislative efforts concerning food, supplements, and other things we put into our bodies are ongoing in Florida and other states, and this includes botanicals like Kratom and its derivatives. Lawmakers aim to balance your rights to use substances of your choice for your health and wellness, but draw the line at illegal drugs. Because Kratom is not approved by the FDA, or listed (yet) as an illegal substance, the waters remain murky on the future legality of Kratom. While the Florida Consumer Protection Act is a start, the legislation is thin. Florida still needs to address the exact definition of what constitutes a Kratom product, proper handling, consumer safety testing, and sale of the substance within the state.
This means Florida, and other states, must adopt a more comprehensive understanding of the botanical. This is where many lawmakers struggle. You can see by the current string of legislative efforts, that Florida has a long way to go to get the basic framework in place.
Learn – Advocate – Teach
By adhering to Florida’s legal restrictions on Kratom, and through years of dedication to customer safety, Kats Botanicals has become a trusted vendor for Floridians.
Know that here at Kat’s Botanicals, we take our responsibility as a reputable Kratom vendor very seriously. We do not sell to minors, nor do we target them with our advertising. We also will not ship to states where Kratom is banned or restricted. Learn more about our policies.
Will Kratom Remain Legal In The Sunshine State?
The honest answer; we’re not sure. This depends largely on the continued efforts of legislators and their interpretation of Kratom as a botanical substance or a “designer drug” as Sarasota called it. Who is in office from the local districts to the state level is important.
1. More research is needed – Ongoing research into the benefits and potential risks of using Kratom is needed. The current legal status of Kratom and other botanicals often depends on what scientists discover through their ongoing work to understand how plant substances like Kratom interact with the human body.
2. Voting is important – Voters who want to protect their right to use botanical substances such as Kratom or hemp derivatives like CBD, should know how their elected officials might vote on these matters. (And vote, accordingly!)
3. Do your research and purchase wisely – Do your own research before putting any botanical product into your body. Always follow manufacturer recommendations on how to use their products wisely.
Buying Kratom In Florida
Since Kratom is legal in the state of Florida, with the exception of Sarasota County, we are happy to ship our Kratom products to you (sorry Sarasota!). High-quality Kratom products at affordable prices – Maeng Da Kratom, Bali Kratom, one of our Enhanced Kratom strains, or a variety of Kratom capsules – whatever Kratom you want to try, you can find it right here at Kats!
