Florida kratom laws allow anyone 21 or older to buy, sell, and possess kratom throughout the state, with one county-level exception and one important product-level exception. Sarasota County bans kratom entirely. And as of 2025, any kratom product containing more than 400 parts per million of 7-hydroxymitragynine is treated as a Schedule I controlled substance under Florida law.
The rest depends on where you are, what you’re buying, and how old you are.
The Minimum Age Is 21
Under Florida Statutes Section 500.92, known as the Florida Kratom Consumer Protection Act, it is illegal to sell, deliver, or furnish any kratom product to a person under 21.1Online Sunshine. Florida Statutes 500.92 – Florida Kratom Consumer Protection Act The statute defines a kratom product as any food, dietary supplement, or beverage for human consumption that contains any part of the Mitragyna speciosa leaf or its extracts.
Florida’s 21-year threshold is higher than the 18-year minimum used in some other states. Vendors should verify age at every sale, the way they would with alcohol.
The penalty falls on the seller, not the buyer. Selling kratom to someone under 21 is a second-degree misdemeanor, punishable by a fine of up to $5002Online Sunshine. Florida Statutes 775.083 – Fines and up to 60 days in jail under Florida’s general misdemeanor sentencing framework. A 19-year-old who obtains kratom is not the person charged under this provision; the retailer is.
The 400 PPM Rule for 7-Hydroxymitragynine
This is the change that quietly rewrote kratom law in Florida. In August 2025, the Attorney General adopted Emergency Rule 2ER25-2, later updated by Emergency Rule 2ER25-3 in December 2025, adding 7-hydroxymitragynine to Florida’s Schedule I controlled substances list when concentrated above 400 parts per million on a dry-weight basis.3Florida Administrative Register. Emergency Rule 5KER25-6 – Requirement to Label the Concentration of 7-Hydroxymitragynine
A kratom product at or below 400 PPM remains a legal consumer product. A product above 400 PPM is treated the same as any other Schedule I controlled substance under Chapter 893 of the Florida Statutes. That means possession alone can carry felony-level consequences.
Concentrated extracts, enhanced powders, and high-potency capsules are the products most likely to cross the line. A separate rule adopted by the Florida Department of Agriculture and Consumer Services (5KER25-6) now requires every kratom product label to declare the 7-hydroxymitragynine concentration. If the amount is below the testing lab’s detection limit, the label can state that detection limit. If it’s above, the actual measured concentration must appear.3Florida Administrative Register. Emergency Rule 5KER25-6 – Requirement to Label the Concentration of 7-Hydroxymitragynine
Before you buy, check the label. If a product doesn’t disclose the concentration at all, be skeptical.
Sarasota County Bans Kratom Outright
Sarasota County is the only jurisdiction in Florida known to prohibit kratom completely. In 2014, the County Commission unanimously passed an ordinance classifying kratom as a “designer drug” under Article XIII of Chapter 62 of its local code, citing the substance’s psychotropic properties and its presence on the DEA Watch List at the time.4Sarasota County. Sarasota County Code of Ordinances 62-348 – Specific Findings of Fact Regarding Kratom
Within county limits, possessing or selling kratom is a second-degree misdemeanor. That carries the same general ceiling as other second-degree misdemeanors in Florida: up to $500 in fines and up to 60 days in county jail.
The state Kratom Consumer Protection Act does not contain a preemption clause, so Sarasota’s ordinance is fully enforceable. No other Florida county or city is currently known to have adopted a similar ban, but nothing in state law prevents one from doing so. If you live in or travel through Sarasota County, treat kratom the way you would any other banned substance there.
Driving After Using Kratom
Florida’s DUI statute makes it illegal to drive while under the influence of any substance controlled under Chapter 893, or any chemical listed in Section 877.111, when your normal faculties are impaired.5Online Sunshine. Florida Statutes 316.193 – Driving Under the Influence
Standard kratom products at or below 400 PPM are not controlled under Chapter 893, so they don’t fit neatly into the DUI statute. A product above 400 PPM is a Schedule I substance, and driving while impaired by it falls squarely within the statute.
The legal technicalities matter less on the roadside than they do in a courtroom. An officer who sees signs of impairment will investigate, and if blood testing shows mitragynine in your system while your driving was visibly affected, you’re facing a complicated case regardless of how the prosecutor eventually charges it. The practical rule is straightforward: don’t drive while feeling the effects of kratom.
Federal Status
Kratom is not a federally scheduled controlled substance. The DEA lists it as a “Drug and Chemical of Concern” but has not scheduled it.6Congress.gov. Kratom Regulation – Federal Status and State Approaches
The FDA takes a harder line. Under Import Alert 54-15, the agency authorizes detention without physical examination of any dietary supplement or bulk ingredient containing Mitragyna speciosa, on the basis that it considers such products adulterated.7U.S. Food and Drug Administration. Import Alert 54-15 That constrains imports and pushes supply toward domestic processors, but it doesn’t make kratom illegal to possess or use under federal law. For a Florida consumer, the federal posture mostly affects what’s on the shelf and what it costs.
What to Watch on the Label
If you use kratom in Florida, three checks cover most of the legal risk:
- You are 21 or older, and you’re buying from a seller who verifies age.
- The product label discloses the 7-hydroxymitragynine concentration, and that number is at or below 400 PPM.
- You are not in Sarasota County.
Miss any one of those and you’re in a different legal category than the ordinary consumer the state law contemplates.