Is Kratom Legal in Florida? What the Law Says in 2026

Is Kratom Legal in Florida? What the Law Says in 2026

Yes. Kratom is legal in Florida for adults 21 and older. Florida law sets a statewide minimum purchase age of 21, and the Attorney General has used emergency scheduling powers to place concentrated 7-OH and several related compounds in Schedule I above specific thresholds. Natural kratom leaf is not a controlled substance in Florida.

Here is what Florida law says, how the 7-OH rules work, what did not pass, and how federal action fits in.

The Florida Kratom Consumer Protection Act

Florida's statewide kratom law is the Florida Kratom Consumer Protection Act, passed in 2023 as House Bill 179 and codified at Florida Statutes section 500.92. It took effect July 1, 2023.

The statute is short. Here is what it does:

  • Minimum age of 21. Selling, delivering, or furnishing a kratom product to anyone under 21 is a second-degree misdemeanor.
  • A broad definition. A "kratom product" includes food, beverages, supplements, powders, capsules, and pills containing any part of the Mitragyna speciosa leaf, as well as extracts and synthetically derived compounds.
  • Rulemaking authority. The statute directs the state agriculture department to adopt rules to administer it.

Unlike some states' versions, Florida's statute does not itself set labeling requirements or a 7-OH limit. Those issues have been handled through emergency rules.

Florida's 7-OH Emergency Rules

Florida law allows the Attorney General to add substances to the state's controlled substance schedules by emergency rule. Attorney General James Uthmeier has used that power on concentrated 7-OH products several times since August 2025, revising the rule as the approach evolved.

In June 2026, the AG announced an emergency rule placing concentrated 7-OH and related compounds in Schedule I, with two thresholds:

  • no more than 1 milligram per gram (solids) or 1 milligram per milliliter (liquids), and
  • at least 100 times more mitragynine than 7-OH and related compounds by mass.

The AG's release notes that 7-OH occurs naturally in kratom only in trace amounts, and the rule targets concentrated products rather than kratom itself. It also warns that Schedule I violations can carry serious criminal penalties.

The current version, Rule 2ER26-2, took effect August 18, 2026, replacing the June rule. It lists 7-hydroxymitragynine (7-OH), 7-acetoxymitragynine, MGM-15, and MGM-16.

Emergency scheduling rules are temporary under Florida law, and the AG has said the office will ask the Legislature to make the rule permanent during the 2027 session.

What Did Not Pass

Several bills to expand Florida's kratom law were filed for the 2026 session. None passed.

  • HB 1205 would have created lab certification and new retail rules. It died in committee in March 2026.
  • SB 994 would have created a processor permitting system. It also died in committee in March 2026.

Expect the debate to return when the Legislature meets in 2027.

Local Rules in Florida

Cities and counties can add their own restrictions. Hillsborough County is currently advancing an ordinance targeting 7-OH and synthetic products that would leave natural kratom available, with a public hearing scheduled for November 10, 2026. We track developments like this in our news coverage, including our recent roundup of state proposals. Always check your county and city before buying.

How Federal Action Fits In

Federal law applies in Florida on top of state law. On October 14, 2026, the DEA published a notice of intent to temporarily place 7-OH and MGPI in Schedule I above a threshold that closely mirrors Florida's: more than 1 milligram per gram, or a mitragynine-to-7-OH ratio below 100. The order can be published no earlier than November 13, 2026. Separately, the DEA placed MGPI, MGM-15, and MGM-16 in Schedule I in August 2026. We explain the federal test in HHS and DEA Just Drew a Line on 7-OH.

Buying Kratom in Florida

  • You must be 21. Florida's minimum age is 21, higher than some neighboring states.
  • Ask for the lab report. Because Florida's rules turn on measured 7-OH content and the ratio to mitragynine, a full certificate of analysis matters. Our guide on how to read a kratom lab report shows how to check both numbers, and our 7-OH explainer covers the background.
  • Check local rules. County and city ordinances can be stricter than state law.

Our catalog focuses on lab-tested natural leaf kratom powders and kratom capsules. We do not carry 7-OH products, MGPI, MGM-15, or MGM-16. For a comparison with another state's approach, see Is Kratom Legal in Texas? We comply with all applicable state and local laws. Orders to restricted areas are not fulfilled. Questions? Email orders@nuwavebotanicals.com.

Florida Kratom FAQ

Is kratom legal in Florida?

Yes. Kratom is legal in Florida for adults 21 and older under Florida Statutes section 500.92. Concentrated 7-OH and certain related compounds above set thresholds are Schedule I under an emergency rule.

How old do you have to be to buy kratom in Florida?

21. Selling kratom to anyone under 21 is a second-degree misdemeanor in Florida.

Is 7-OH legal in Florida?

Concentrated 7-OH above the state's thresholds is a Schedule I controlled substance under the Attorney General's emergency rule. The thresholds are 1 milligram per gram, and at least 100 times more mitragynine than 7-OH.

Is kratom being banned in Florida?

Not statewide as of November 2026. Florida's rules target concentrated 7-OH and related compounds, and 2026 bills to expand the law did not pass.

FDA Disclaimer

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Kratom products are intended strictly for individuals 18 years of age or older, or 21+ where required by applicable state law.

Products Mentioned

NuWave lab results and certificates of analysis

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