Is Kratom Legal in Florida? Age 21 Law and 7-OH Rule (2026)

Florida's statutes do not list the kratom plant, Mitragyna speciosa, or its main alkaloid mitragynine as a controlled substance, but section 500.92 of the Florida Statutes, the Florida Kratom Consumer Protection Act, makes it a second-degree misdemeanor to sell or give any kratom product to a person under 21. A separate Attorney General emergency rule, Rule 2ER26-2 (effective August 18, 2026), lists 7-hydroxymitragynine (7-OH) in Schedule I above 1 milligram of 7-OH per gram or per milliliter, or with less than 100 parts mitragynine for each part 7-OH, and bars any product that exceeds those limits.

That 7-OH listing rests on a rule, not a statute: the 2026 Legislature did not write it into chapter 893, and the rule expires June 30, 2027 unless the 2027 Legislature does. For how other states treat kratom and 7-OH, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Florida state law: the Florida Kratom Consumer Protection Act (section 500.92), the controlled substance schedules and penalties in chapter 893 (sections 893.03, 893.035 and 893.13), the penalty ranges in sections 775.082 and 775.083, the Department of Agriculture and Consumer Services kratom products rule (Rule 5K-4.030), and the Attorney General's 7-OH emergency rules, 2ER25-1 through 2ER26-2. It does not cover city or county ordinances, federal enforcement in detail, or the law of other states.

Is kratom a controlled substance in Florida?

Not as a plant. The Schedule I through V lists in section 893.03 do not name kratom, Mitragyna speciosa or mitragynine. Florida's kratom statute, section 500.92, sits in chapter 500 (the food chapter) and regulates who may be sold or given kratom products rather than placing the plant on a schedule.

What Florida does control is narrower. Beginning in August 2025, the Attorney General has used emergency rules to add 7-OH and several related compounds to Schedule I. Mitragynine appears in the current rule only as part of a ratio test that a product containing 7-OH must meet, not as a listed substance.

So two separate legal layers apply, and they come from different sources:

• Statute (section 500.92): an age 21 floor for selling or giving any kratom product.
• Emergency rule (Rule 2ER26-2): Schedule I treatment for 7-OH tied to product limits, plus three related compounds listed outright.

How Florida law defines a kratom product

The age rule turns on the statutory definition in section 500.92(2):

"As used in this section, the term “kratom product” means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form."

Because the definition reaches extracts, synthetic alkaloids and synthetically derived compounds of the plant, the under-21 rule covers more than plain leaf powder. An edible product or beverage that contains 7-OH as an extract, synthetic alkaloid or synthetically derived compound of the plant can fall within this definition too, so both layers can apply to it at once.

Kratom age limit in Florida: 21

Section 500.92 sets the age limit and the penalty in two short subsections:

"(3) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person who is under 21 years of age. (4) A violation of subsection (3) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083."

A second-degree misdemeanor carries up to 60 days in jail under section 775.082(4)(b) and a fine of up to $500 under section 775.083(1)(e).

The offense is written as a prohibition on the person who sells, delivers or gives the product, and the words "directly or indirectly" reach transfers through another person. Section 500.92 does not set a separate offense for the person under 21 who buys or holds a kratom product.

The Legislature created section 500.92 in 2023 (chapter 2023-182), and its text is unchanged in the 2026 Florida Statutes. Besides the definition, the age rule and the penalty, the section provides that "The department shall adopt rules to administer this section." The statute's own text sets no labeling, registration or potency requirements for kratom products. The Department of Agriculture and Consumer Services rule described next adds sales and labeling rules.

Sales rules from the Department of Agriculture

The Florida Department of Agriculture and Consumer Services rule on kratom products, Rule 5K-4.030 of the Florida Administrative Code (effective January 10, 2024), adds sales rules under section 500.92. A business that distributes kratom products must hold a food establishment permit (annual fee $650). Retailers must post a sign next to the product display stating that sale to persons under 21 is prohibited and that proof of age is required, and must require proof of age before a sale.

Kratom may not be mailed, shipped or delivered unless the seller first confirms the buyer is 21 or older, and self-service displays are allowed only after proof of age has been checked. Giving or sampling kratom to anyone under 21 is prohibited, and kratom products may not be sold from vending machines.

The rule also requires kratom products to be packaged and labeled as chapter 500 requires, and bars label or advertising claims that a product is intended to diagnose, cure, mitigate, treat or prevent disease. Violations can bring stop-sale orders, administrative fines of up to $5,000 per violation, and permit suspension or revocation.

Florida's 7-OH emergency rule: what Rule 2ER26-2 says

Rule 2ER26-2, effective August 18, 2026 and published in the Florida Administrative Register (Vol. 52, No. 162) on August 20, 2026, is the 7-OH rule in force. It does three things.

First, subsection (1) adds three 7-OH-related compounds to Schedule I outright: 7-acetoxymitragynine, dihydro-7-hydroxymitragynine (MGM-15) and 9-fluoro-7-hydroxymitragynine (MGM-16). The current rule does not list mitragynine pseudoindoxyl, which the earlier rule 2ER26-1 included and which has been in federal Schedule I since August 26, 2026. As of October 12, 2026, no later Attorney General rule adds it back, so it is controlled under federal law but not listed in Florida's schedules.

Second, subsection (2) makes 7-OH a controlled substance in Schedule I, subsection 893.03(1)(a), and ties that listing to product limits. The rule reads:

"(a) 7-hydroxymitragynine (7-OH) ... such that (3) No product shall have an amount of 7-hydroxymitragynine greater than: (a) 1 milligram per gram (mg/g) for solid or powdered products, including encapsulated materials; or (b) 1 milligram per milliliter (mg/mL) for liquid products, including beverages, extracts, and tinctures; and (4) Any product containing 7-hydroxymitragynine must have at least 100 parts mitragynine for every one part of 7-hydroxymitragynine by mass."

Third, subsection (5) provides: "All provisions of Chapter 893, F.S., applicable to controlled substances listed in Schedule I shall be applicable to the substances listed in subsections (1), (2), (3), and (4) above."

Two cautions about reading the rule. The limits in subsections (3) and (4) are legal conditions written into the rule, not a health standard. And the Attorney General's published summary of the rule in the Florida Administrative Register describes it as adding 7-OH to Schedule I "at a level above" 1 mg/g or 1 mg/mL, and 7-OH "with less than 100 parts mitragynine for every one part of 7-hydroxymitragynine by mass." The rule's own text, read with chapter 893, is the controlling language; a Florida lawyer can advise on how it applies to a particular product.

Where the Attorney General's power comes from

The rule notices rest on section 893.035(7), which lets the Attorney General schedule a substance in Schedule I "on a temporary basis" when that "is necessary to avoid an imminent hazard to the public safety," without the Department of Health and Department of Law Enforcement evaluation that subsection (5) otherwise requires, and allows emergency rulemaking for it. Under section 893.035(8)(a), a substance added this way is "deemed included in that schedule."

Subsection (7)(b) provides that such a rule "shall not expire except as provided in subsection (9)," and subsection (9) requires the Attorney General to report these rules to the Legislature by March 1 each year. Each rule so reported "shall expire on the following June 30 unless the Legislature adopts the provisions thereof as an amendment to this chapter."

Section 893.035(2) is the general scheduling power: the Attorney General "may by rule: (a) Add a substance to a schedule established by s. 893.03, or transfer a substance between schedules, if he or she finds that it has a potential for abuse and he or she makes with respect to it the other findings appropriate for classification in the particular schedule under s. 893.03 in which it is to be placed." The neighboring section 893.0355 is the opposite power, letting the Attorney General reschedule substances to a less controlled schedule or delete them.

How Florida's 7-OH rules have changed since August 2025

Florida has replaced its 7-OH rule several times. Each rule's records on the Florida Administrative Code site show when it took effect and when it was superseded or expired.

When the first rule was filed, the Attorney General's office said in an August 13, 2025 news release that the rule "takes effect immediately" and "makes it illegal to sell, possess, or distribute any isolated or concentrated form of 7-OH in the state." That was the office's description of the first rule and its 1 percent threshold. The current rule uses different limits, so the release is history, not a statement of today's test.

Rule 2ER25-3 ran until its expiration date of June 30, 2026, after the 2026 Legislature did not write it into statute, and 2ER26-1 took effect the next day, July 1, 2026.

The Department of State's record for the current rule, 2ER26-2, lists an expiration date of June 30, 2027. Under section 893.035(9), it expires that day unless the 2027 Legislature adopts it as an amendment to chapter 893, and the Attorney General has said he will ask the Legislature to memorialize the rule in its 2027 session. The rule could also be replaced before then, so check its page on the Florida Administrative Register site before relying on this page.

What the 2026 Florida Legislature did and did not change

The 2026 session did not put 7-OH into the statutory schedules. The session's act on intoxicating substances, chapter 2026-148, Laws of Florida (CS/SB 432, approved June 16, 2026), deals with nitrous oxide sales by tobacco and nicotine dealers and with xylazine; its enacted text does not mention kratom or 7-hydroxymitragynine.

Two kratom bills did not pass. H.B. 1205 died in the House Budget Committee on March 13, 2026, and S.B. 994, which would have revised the Florida Kratom Consumer Protection Act, died in the Senate Commerce and Tourism Committee the same day. As a result, Schedule I treatment of 7-OH in Florida depends on the Attorney General's emergency rule rather than on section 893.03.

Kratom and 7-OH penalties in Florida

The penalties come from two places: section 500.92 for sales to people under 21, and chapter 893 for the compounds the emergency rule lists.

The section 893.13 possession rule reads: "A person may not be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. A person who violates this provision commits a felony of the third degree."

Section 893.13 sets its sale and weight tiers by the paragraph of section 893.03 a substance falls under, and Rule 2ER26-2 places 7-OH in subsection 893.03(1)(a). The felony tiers reach only the compounds the rule lists. The kratom leaf and mitragynine are not listed, so for kratom products generally the statute that applies is the under-21 sales offense in section 500.92. Which charge applies in a given case depends on the facts and on how the rule's limits apply to the product, which is a question for a Florida criminal defense lawyer.

Kratom, 7-OH and driving in Florida

Florida's DUI statute, section 316.193(1)(a), covers a driver who is under the influence of alcoholic beverages, certain chemical substances, or "any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired." Kratom leaf and mitragynine are not listed in chapter 893, while the compounds Rule 2ER26-2 places in Schedule I are deemed included in that schedule under section 893.035(8)(a). For DUI penalties and testing rules, see Florida DUI laws.

Kratom charges and your criminal record

A conviction under section 500.92 or chapter 893 is a criminal conviction. For when Florida allows a record to be sealed or expunged, see Florida expungement laws.

Federal kratom law

As of the October 6, 2026 version of the federal regulations, 21 CFR 1308.11 does not list kratom leaf, mitragynine or 7-OH. A DEA temporary order placed three related compounds, mitragynine pseudoindoxyl, MGM-15 and MGM-16, in federal Schedule I effective August 26, 2026. Two new DEA notices of intent, both filed for public inspection on October 9, 2026 and scheduled for publication in the Federal Register on October 14, 2026, would change that. The first (FR Doc. 2026-20943) would temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I only when either one, or both combined, is above a threshold: more than 1 mg per gram for solid forms or 1 mg per milliliter for liquids, or a product in which the mass of mitragynine divided by the mass of those compounds is less than 100. That notice states that DEA is withdrawing its July 2026 notice of intent on 7-OH (91 FR 40917) in a separate document. The second (FR Doc. 2026-20942) would issue a new temporary order keeping MGM-15 and MGM-16 in Schedule I without change, for the technical purpose of separating them from mitragynine pseudoindoxyl. A notice of intent is not an order, and DEA says neither new temporary order will be issued before 30 days after the notices are published. The August 26, 2026 order remains in effect until it expires or the new temporary orders replace it, whichever comes first. The numeric limits in the 7-OH notice (1 mg per gram, 1 mg per milliliter and a 100 to 1 mitragynine ratio) match the 7-OH limits in Florida's Rule 2ER26-2, although the federal notice also covers mitragynine pseudoindoxyl and the combined amount of the two compounds. Separately, the FDA states that kratom "is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food." Florida's rules apply alongside federal law, and the hub covers the federal layer in detail.

Related pages

• Kratom laws by state
• Florida DUI laws
• Florida expungement laws
• Florida psilocybin mushroom laws

This article provides general legal information about Florida state law, not legal advice. Kratom and 7-OH rules in Florida have changed several times since 2025 and may change again. For advice about a specific situation, contact a lawyer licensed in Florida.

Last updated: 2026-10-12.

Frequently Asked Questions

Is kratom legal in Florida?

Florida does not list the kratom plant or mitragynine as a controlled substance, but section 500.92 makes selling or giving any kratom product to a person under 21 a second-degree misdemeanor. Separately, Attorney General Rule 2ER26-2 lists 7-OH in Schedule I above 1 mg of 7-OH per gram or per milliliter, or with less than 100 parts mitragynine for each part 7-OH, until June 30, 2027 unless the Legislature codifies it.

What is the kratom age limit in Florida?

Twenty-one. 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, and section 500.92(4) makes a violation a second-degree misdemeanor.

Is 7-OH illegal in Florida?

Rule 2ER26-2, effective August 18, 2026, adds 7-hydroxymitragynine to Schedule I, subsection 893.03(1)(a), at a level above 1 mg/g (solid or powdered) or 1 mg/mL (liquid), or with less than 100 parts mitragynine per part 7-OH, and provides that no product may exceed those limits. It is an emergency rule, not a statute, and it expires June 30, 2027 unless the Legislature adopts it as an amendment to chapter 893.

Did Florida pass a law banning 7-OH in 2026?

No. The 2026 act on intoxicating substances, chapter 2026-148 (CS/SB 432), covers nitrous oxide and xylazine and does not mention kratom or 7-OH, and the kratom bills H.B. 1205 and S.B. 994 died on March 13, 2026. The 7-OH listing comes from the Attorney General emergency rule.

What is the penalty for selling kratom to someone under 21 in Florida?

It is a second-degree misdemeanor under section 500.92(4), punishable by up to 60 days in jail under section 775.082(4)(b) and a fine of up to $500 under section 775.083(1)(e).

Is mitragynine a controlled substance in Florida?

Section 893.03 does not list mitragynine, and the emergency rules do not list it either. Rule 2ER26-2 mentions mitragynine only in its requirement that a product containing 7-OH have at least 100 parts mitragynine for every part 7-OH.

When does Florida's 7-OH emergency rule expire?

The Department of State's record for Rule 2ER26-2 lists an expiration date of June 30, 2027. Under section 893.035(9), a rule of this kind expires on the June 30 after the Attorney General's March 1 report to the Legislature unless the Legislature adopts it as an amendment to chapter 893, and the Attorney General has said he will ask the 2027 Legislature to do so. The rule could also be replaced before then, so check its page on flrules.org.

Is kratom legal under federal law?

As of the October 6, 2026 eCFR, 21 CFR Part 1308 does not list kratom leaf, mitragynine or 7-OH. DEA temporarily placed three related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) in Schedule I effective August 26, 2026, and FDA says kratom cannot be lawfully marketed as a dietary supplement, food additive or drug. DEA's two new notices of intent (FR Docs. 2026-20943 and 2026-20942), scheduled for Federal Register publication on October 14, 2026, would set a threshold for 7-OH and mitragynine pseudoindoxyl and keep MGM-15 and MGM-16 in Schedule I; the 7-OH notice states that DEA is withdrawing its July 2026 7-OH notice. A notice of intent is not an order.