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. FDACS later repealed 5KER26-9, and 2ER26-2 superseded 2ER26-1 in August.
• August 18, 2026Attorney General Emergency Rule 2ER26-2 was filed, replacing 2ER26-1 with the current named-substance and 7-OH threshold framework.
• August 24, 2026FDACS Emergency Rule 5KER26-11 took effect with the current 7-OH concentration and alkaloid-ratio label disclosures.

How long the emergency rules remain in effect

Attorney General Emergency Rule 2ER26-2 was adopted through the special scheduling authority in Florida Statutes section 893.035. Its final rule record says it supersedes 2ER26-1 and expires June 30, 2027. It can still be changed sooner by legislation, repeal, or a court ruling.

FDACS Emergency Rule 5KER26-11 is the current label rule. Its final record lists an August 24, 2026 effective date and a November 22, 2026 expiration date. Because it is an emergency rule, the live Florida record should be checked again before relying on it for a later transaction.

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 substances and thresholds in current Rule 2ER26-2

Emergency Rule 2ER26-2 lists 7-acetoxymitragynine, dihydro-7-hydroxymitragynine or MGM-15, and 9-fluoro-7-hydroxymitragynine or MGM-16 in Schedule I. It separately applies concentration and alkaloid-ratio thresholds to 7-hydroxymitragynine, commonly called 7-OH.

For 7-OH, Rule 2ER26-2 uses a threshold above 1 milligram per gram in solid or powdered products, including encapsulated material, or above 1 milligram per milliliter in liquids, including beverages, extracts, and tinctures. It also covers 7-OH when a product has fewer than 100 parts mitragynine for every one part of 7-OH by mass, even if the separate concentration threshold is not crossed.

This is not a blanket prohibition on botanical kratom. Mitragynine itself is not one of the substances added by Rule 2ER26-2. A product still has to be evaluated using reliable, product-specific composition information rather than its marketing name alone.

The current Florida label rule

Emergency Rule 5KER26-11 requires a kratom-product label to disclose the concentration of 7-OH and the alkaloid ratio between mitragynine and 7-OH, including the related forms identified by the rule. Those fields let customers and businesses compare the package with the current controlled-substance thresholds.

The 5KER26-11 notice also reiterates that a controlled substance in a kratom product is an adulterant under Florida Statutes section 500.10. A package label does not make a scheduled substance lawful.

• 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 7-OH concentration and ratio fields and to the other substances named in Rule 2ER26-2.
• 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. A product should not be shipped as ordinary kratom when its 7-OH concentration or ratio falls within Rule 2ER26-2, it contains another substance scheduled by that rule, or it lacks disclosures required by current Rule 5KER26-11.

Official Florida sources

• 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 2ER26-2 notice
  Current named substances, 7-OH concentration thresholds, alkaloid-ratio threshold, and August 18, 2026 filing.
• Florida Administrative Code: Final Rule 2ER26-2 record
  Final record showing that 2ER26-2 supersedes 2ER26-1 and is scheduled to expire June 30, 2027.
• Florida Administrative Register: Emergency Rule 5KER26-11 notice
  Current 7-OH concentration and alkaloid-ratio label requirements.
• Florida Administrative Code: Final Rule 5KER26-11 record
  Final record showing the August 24, 2026 effective date and November 22, 2026 expiration date.
• 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.

Statewide information only; not legal advice. Emergency rules can change before their stated expiration dates.