Is Kratom Legal in Florida?

Kratom is legal in Florida, and it is restricted to adults 21 and up by statute. That rule comes from the Florida Kratom Consumer Protection Act, which the legislature passed in 2023 and which is the law we cite on our own tea menu.

There is one county that is an exception, and there is a separate and much more active fight over concentrated 7-OH products that has nothing to do with kratom leaf. Both are worth understanding if you want the real answer rather than a one word one.

Is Kratom Legal in Florida?

Yes. Kratom is legal to sell and possess in Florida for adults 21 and over, with one county exception covered further down.

The governing law is the Florida Kratom Consumer Protection Act, enacted as Chapter 2023-182, Laws of Florida, and codified at sections 500.92 and 500.93 of the Florida Statutes. Under it, selling, delivering, bartering, furnishing or giving a kratom product to anyone under 21 is unlawful.

That is the statute behind the age check at our Florida bars. It is not a house rule we invented, and a Kavatender asking for ID is following state law.

What the Florida Kratom Consumer Protection Act Does

The act regulates kratom as a consumer product, with an age floor and penalties, rather than banning it or leaving it unaddressed.

The core provisions:

• 21 and up. It is unlawful to sell, deliver, barter, furnish or give kratom products to a person under 21.
• No vending machine sales.
• Penalties. A violation is a second degree misdemeanor. The Florida Department of Agriculture and Consumer Services can also impose administrative fines, up to $5,000 per violation under its existing rules.

What the act does not currently do is cap how much 7-hydroxymitragynine a kratom product may contain. Florida has no statutory 7-OH content limit as of this review date, which is a real gap and one the legislature has tried twice to close. We would rather say that plainly than imply the statute covers more ground than it does.

The one county exception is Sarasota. Sarasota County banned kratom in 2014, treating it as a designer drug under a county ordinance, and it remains the notable local exception to Florida’s otherwise permissive position. None of our Florida bars are in Sarasota County. Elsewhere in the state, county and city rules can still move independently of state rules, so treat the 21 and up rule as a floor rather than a guarantee that every locality handles it identically.

Last reviewed: November 2, 2026.

Concentrated 7-OH Is Treated Separately, and More Strictly

Florida has moved against isolated and concentrated 7-OH through rulemaking rather than through the kratom statute, and this is where the picture gets genuinely unsettled.

According to a February 2026 Florida House of Representatives staff analysis, the Attorney General issued an emergency rule, later superseded by another at R. 2ER25-3, Florida Administrative Code, making it unlawful to sell, possess or distribute any isolated or concentrated form of 7-OH, and adding 7-hydroxymitragynine as a Schedule I substance under section 893.03(1), Florida Statutes.

Two honest caveats. Emergency rules in Florida are time limited and can be renewed or replaced, so whether that rule is in force on the day you are reading this is a question for the Attorney General’s office or the current Florida Administrative Code, not for us. And the distinction it draws matters: an isolated or concentrated 7-OH product is a different thing from kratom leaf, which contains 7-OH naturally in trace amounts. The FDA describes 7-OH in natural leaf as a minor constituent making up less than 2 percent of total alkaloid content. That whole distinction has its own post.

What it means for us is simple. We serve kratom as leaf, brewed in house, and as leaf extract. We do not carry 7-OH tablets, shots, gummies or strips, and we did not before any of this rulemaking started.

What Is Pending in the Legislature

Florida has tried twice to tighten the kratom statute, and as of this review date neither attempt has become law.

CS/HB 1489 in the 2025 session would have capped 7-OH at no more than 2 percent of a product’s overall alkaloid composition and added restrictions on where kratom could be sold. It died in the Agriculture and Natural Resources Budget Subcommittee on June 16, 2025.

CS/HB 1205 in the 2026 session is the live attempt, with a Senate companion, SB 994. As described in the February 2026 staff analysis, it would impose the 2 percent 7-OH cap, ban synthetic alkaloids including synthetic 7-OH, require certified independent lab testing and certificates of analysis, mandate specific packaging including a universal kratom symbol and a state-developed warning, limit retail sales to establishments that bar patrons under 21, and set graduated penalties. It had cleared one subcommittee at the time of that analysis.

If it passes, Florida’s rules will look much closer to Colorado’s. Until it does, the 2023 act plus the rulemaking above is the picture.

Where Kavasutra Serves Kratom in Florida

Kratom is on the tea menu at our Florida bars, to adults 21 and up, with ID checked at the register.

Our first bar opened in Lake Worth in 2008, and most of our 28 locations are in Florida. Every one of them serves kava, to adults 18 and up, and we do not serve kava to anyone who is pregnant. Each location page states what that bar carries, and if a bar does not list something, that bar does not serve it. The Florida page lists them all.

Everything on the tea menu is served in the bar. Nothing on this website sells or ships kratom.

The Federal Picture, Which Is Still Moving

Federal action targets concentrated and semi-synthetic 7-OH by concentration, not kratom leaf by category, and as of this review date it is still a proposal.

The DEA withdrew its July 2026 notice of intent and published a new one on October 14, 2026 covering 7-hydroxymitragynine and mitragynine pseudoindoxyl above a specified threshold. The proposed line is more than 1 milligram per gram in solids or more than 1 milligram per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100 to 1. No temporary scheduling order has issued for 7-OH, and the earliest one could take effect is November 13, 2026. A separate order on August 26, 2026 placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I.

The federal proposal does not preempt stricter state law. Florida’s 21 and up rule stands regardless of what happens with it.

Sources: Florida House staff analysis, CS/HB 1205 · Florida House staff analysis, CS/HB 1489 · HB 1489 bill history, Florida Senate · Kratom: Summary of State Laws, Legislative Analysis and Public Policy Association · DEA notice of intent, Federal Register, October 14, 2026 · Department of Justice announcement on 7-OH scheduling · FDA and Kratom

This page is general information about the law as of the review date, not legal advice.

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