Is Kratom Legal in Florida? State Law and Shipping Guide

What Florida law says about kratom

Florida Statutes section 500.92 is the Florida Kratom Consumer Protection Act. Subsection (2) defines a kratom product as a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the leaf of Mitragyna speciosa, an extract, a synthetic alkaloid, or a synthetically derived compound of the plant. The definition covers powder, capsules, pills, beverages, and other edible forms.

Section 500.92(3) makes it unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person under 21. Because the statute expressly includes delivery, the age rule reaches online transactions and shipments as well as in-person retail sales. A violation is a second-degree misdemeanor under section 500.92(4), punishable as provided in sections 775.082 or 775.083.

Florida Administrative Code Rule 5K-4.030 supplies the operating details. For purposes of the rule, human consumption includes ingestion and inhalation but excludes topical application. An establishment distributing products consisting of or containing kratom must hold the applicable food-establishment permit under section 500.12 and Rule 5K-4.020. Rule 5K-4.030 states an annual permit fee of $650 for a food establishment distributing kratom products.

Kratom products must come from an approved source that meets applicable food-safety or health standards in the jurisdiction of origin. Products must be packaged and labeled under Chapter 500. Labels and advertisements may not contain disease diagnosis, cure, mitigation, treatment, or prevention claims that would cause the article to be treated as a drug. Manufacturers and products marketed as dietary supplements remain subject to applicable Chapter 500 requirements and the manufacturing standards incorporated by the rule.

Retailers must display the required notice that sales to people under 21 are prohibited and proof of age is required. Food establishments must require proof of age before sale, prevent underage sampling or giveaways, control access to self-service merchandising, and refrain from selling kratom through vending machines.

Florida's kratom law timeline

• January 11, 2023House Bill 179 was filed to create a statewide age restriction and authorize Department of Agriculture and Consumer Services rules.
• June 2, 2023CS/HB 179 became Chapter 2023-182, Laws of Florida.
• July 1, 2023Florida Statutes section 500.92 and its statewide 21-plus restriction took effect.
• January 10, 2024Rule 5K-4.030 took effect with permit, approved-source, label, age-verification, shipping, display, and enforcement provisions.
• 2025 to March 2026Florida used emergency scheduling and labeling rules for concentrated 7-hydroxymitragynine, with later rules continuing the temporary framework.
• March 13, 2026CS/HB 1205 and SB 994, broader proposed kratom reforms, died in committee and did not amend section 500.92.
• July 1, 2026Emergency Rules 2ER26-1 and 5KER26-9 took effect with seven-compound concentration, ratio, and labeling requirements.

How long the emergency rules remain in effect

Attorney General Emergency Rule 2ER26-1 was adopted through the special scheduling authority in Florida Statutes section 893.035. Under subsections (7) through (9), a temporary scheduling rule does not expire under the ordinary 90-day limit. It continues until repealed, declared invalid, or allowed to expire through the statute's legislative-review process. A rule reported to the Legislature expires on the following June 30 unless the Legislature adopts its provisions.

FDACS Emergency Rule 5KER26-9 is governed by the ordinary emergency-rule provisions in section 120.54(4). An ordinary emergency rule generally may not remain effective longer than 90 days and may not be renewed unless a listed exception applies. This makes the July 21 status current but time-sensitive. Future orders should be checked against the live rule record.

Florida rules for powder, capsules, extracts, and beverages

Florida's statutory definition reaches traditional powder and leaf products as well as capsules, pills, extracts, shots, beverages, and other edible forms. Rule 5K-4.030 also includes certain inhaled products within its human-consumption definition. Format alone does not determine legality. Compliance depends on age controls, product source, food-establishment requirements, label accuracy, composition, and whether any scheduled threshold is crossed.

The seven compounds addressed on July 1, 2026

Emergency Rule 2ER26-1 identifies 7-hydroxymitragynine, mitragynine pseudoindoxyl, 7-acetoxymitragynine, 9-hydroxycorynantheidine or 8-OH, 10-hydroxymitragynine or 10-OH, dihydro-7-hydroxymitragynine or MGM-15, and 9-fluoro-7-hydroxymitragynine or MGM-16.

A product falls within the emergency Schedule I rule if those compounds, individually or in combination, are greater than 1 milligram per gram in solids, powders, or encapsulated materials, or greater than 1 milligram per milliliter in liquids, beverages, extracts, or tinctures. The rule also requires a product containing the listed compounds to have at least 100 parts mitragynine for every one part of the listed compounds by mass. A product with fewer than 100 parts mitragynine for each one part of the listed compounds falls within the Schedule I rule even if it does not cross the separate weight or volume threshold.

These are concentration and ratio rules, not a blanket ban on botanical kratom. Ordinary leaf powder or capsules are not prohibited merely because they contain mitragynine or lawful trace amounts of another naturally occurring compound. A product must be evaluated using reliable, product-specific composition information rather than its marketing name alone.

The current Florida label rule

Emergency Rule 5KER26-9 requires permanent label disclosure of the concentrations of the seven listed compounds, including applicable isomers, esters, and ethers. It also requires disclosure of the ratio of those compounds to total mitragynine. The label information allows a customer, retailer, or regulator to assess whether a product approaches the controlled-substance thresholds.

FDACS further states that 7-acetoxymitragynine, MGM-15, and MGM-16 do not meet Florida's definition of kratom products and are adulterants under section 500.10 when present in food. Those substances should not be treated as lawful kratom ingredients merely because a measured amount appears below a Schedule I threshold.

• Leaf powder and capsules: may remain available when sourced, labeled, composed, and sold in compliance with Florida law.
• Extracts and tablets: require particular attention to the seven-compound concentration and mitragynine-ratio rules.
• Beverages and shots: use the 1 milligram per milliliter liquid threshold and must carry required label information.
• Synthetic 7-OH products: are not part of the Kratom Paradise catalog and should not be confused with compliant botanical kratom.
• Bulk products: package size does not remove the age, source, label, permit, or composition requirements.

Kratom shipping to Florida

Kratom Paradise currently accepts eligible Florida orders. The displayed estimate is 1–2 business days after carrier acceptance. It is an estimate rather than a guarantee; weekends, holidays, address corrections, weather, and carrier conditions can affect delivery.

Rule 5K-4.030(4)(b) states that kratom may not be mailed, shipped, or otherwise delivered unless, before delivery, the food establishment obtains confirmation that the purchaser is at least 21. The rule requires age confirmation but does not expressly prescribe one online verification provider or require an adult-signature carrier service for every shipment. A seller should use a reliable process that records age confirmation before fulfillment or delivery.

An out-of-state business should not assume its location removes a Florida-bound shipment from Florida's delivery, food, label, or composition requirements. Before fulfillment, the seller should confirm the destination, purchaser age, approved source, current package label, and batch composition. Products exceeding either 2ER26-1 threshold, failing the 100-to-1 ratio, lacking required disclosures, or containing identified adulterants should not be shipped as ordinary kratom products.

Official Florida sources reviewed

• Florida Statutes section 500.92
  Florida Kratom Consumer Protection Act definition, 21-plus rule, penalty, and rulemaking authority.
• Florida Administrative Code Rule 5K-4.030
  Permit, approved-source, label, age-verification, shipping, display, and enforcement requirements.
• Florida Administrative Register: Rule 5K-4.030 text
  Official published rule text, including the shipment age-confirmation provision.
• Florida Administrative Register: Emergency Rule 2ER26-1
  Seven-compound Schedule I thresholds and July 1, 2026 effective date.
• Florida Administrative Code: Emergency Rule 5KER26-9
  Current emergency kratom label rule record.
• FDACS July 2026 industry notice
  Agency explanation of label disclosures, ratios, and identified adulterants.
• Florida Statutes section 893.035
  Attorney general temporary scheduling authority and legislative-review process.
• Florida Legislature: CS/HB 1205 history
  Official record showing that the broader 2026 proposal died in committee.

Last reviewed: July 21, 2026. Statewide information only; not legal advice.