Kratom is an active ingredient that has recently started to appear in smoke shops and kava bars in Florida. With the claims of being an herbal supplement for relief from pain, diarrhea, anxiety, depression, and fatigue among others, many users consider it safe because it is natural and not regulated by the FDA.
However, Florida State legislators have restricted some uses of kratom since many undesirable side effects of kratom, such as dependence and addiction, have been reported. As we will observe in the details of “Is kratom legal in Florida?” it is crucial to know the most recent updates made regarding the existing laws governing the sale and possession of kratom.
What is Kratom
Kratom is obtained from the leaves of a tree originally growing in Southeast Asia with mitragynine and 7-hydroxy-mitragynine. These two substances are the cause of most of the concerns surrounding kratom. Mitragynine has stimulating effects at low doses and narcotic effects at high doses.
Some of the common methods that people use to take kratom include capsules, powders, tablets, liquid, and extract forms. The U.S. Food & Drug Administration has regarded it as a drug of concern and categorized it as an herbal product that requires regulation and monitoring. Close to 2 Million Americans are using kratom which is prohibited in several states.
The Legal Status of Kratom in the United States
Kratom at the present moment has no federal status, meaning that it is legal to possess and consume kratom in some states. It is not listed as a controlled substance by the Drug Enforcement Administration (DEA).
In 2016, the DEA temporarily banned kratom, citing it necessary ‘to avoid an imminent hazard to public safety’ but reversed that decision months later. Kratom has not been approved by the US Food and Drug Administration (FDA) hence the absence of quality control, the right potency label, and adverse effects.
Is Kratom Legal In Florida?
In January 2014, Sarasota County, FL, passed an ordinance that made the sale and possession of kratom illegal. Other counties attempted to enact similar laws, but none of them passed.
Kratom advocacy groups in Florida, like the American Kratom Association, have been at the forefront of the battle to keep kratom available for those who enjoy its benefits. However, they want the product regulated to ensure that what’s available for purchase isn’t degraded.
What Is The Florida Kratom Consumer Protection Act (KCPA)?
The current Florida Consumer Protection Act was approved and went into effect on July 1, 2023, and is summarized as follows.
1. CS/HB 179 — Florida Kratom Consumer Protection Act:
Florida has proposed different variants of the Kratom Consumers Protection Act (KCPA), but most of them remain in committee. House Bill 179 was enacted into law and came into force on the first of July, 2023. HB 179 criminalizes the sale of any kratom product to a person below the age of 21 years as a second-degree misdemeanor with a penalty of up to $500 or 60 days in jail.
Proposed additional extensions to the current Florida Consumer Protection Act sought to extend the F-KCPA. Both efforts, thus far, have died in committees.
2. HB 861 – Florida Kratom Consumer Protection Act:
This act prohibits processors from selling, preparing, distributing or exposing for sale any kratom products containing mitragynine, hydroxy mitragynine or 7-hydroxymitragynine and any kratom product that can induce the drug effect; Selling, delivering, bartering, furnishing, or giving kratom products to persons below 21 years; revises the penalty; provides an exception.
3. Senate Bill 842:
In December 2023, Florida lawmakers introduced an updated version of Senate Bill 842 of the Florida Kratom Consumers Protection Act. SB 842 adds new regulations to the sale and possession of kratom products, namely:
- Kratom products must not contain adulterated substances
- The level of 7-hydroxymitragynine cannot be higher than 2%
- Kratom products cannot contain any synthetic alkaloids
- Products must have a label that clearly states the recommended serving size along with a list of all ingredients
Governor DeSantis signed Senate Bill 842 into law, which will take effect on July 1, 2024. This is excellent news for kratom enthusiasts. This new law protects the sale of kratom and ensures that nothing can be added to the product, among other safeguards.
List of States Where Kratom is Banned
- Alabama
- Arkansas
- Indiana
- Rhode Island
- Wisconsin
List of States Where Kratom is Legal, But With Limitations
- Tennessee: Kratom is legal for those over 21 years old.
- Illinois: It is legal for those over 18 years old, except in Jerseyville where it is banned.
- Florida: It is legal to use in Florida but has an age limit of 21 years old. Also, kratom is banned in Sarasota County.
- Colorado: kratom is legal in Colorado except in Denver, where it is labeled as “illegal for human use”.
- Mississippi: It is legal but banned in Union County.
- New Hampshire: kratom is legal but has an age limit of 18 years old.
Potential Risks Associated with Kratom Use
While many users report positive experiences with kratom for pain relief and mood enhancement, it’s important to acknowledge potential risks:
- Dependence: Regular use of kratom can lead to dependence or addiction in some individuals.
- Side Effects: Users may experience side effects such as nausea, dizziness, or increased heart rate.
- Interactions with Other Substances: Combining kratom with other medications or substances can lead to adverse effects.
Conclusion
Kratom remains legal in Florida to some extent under rules that are aimed at giving the consumer a level of protection while taking this herb. As discussed above, with the passage of House Bill 179, other bills in the legislature are currently being proposed and therefore residents can still engage in this product in search of the benefits while at the same time being conscious of safety measures.
If you are already using kratom or planning to do it in Florida, it is significant to understand the legal status of kratom there to make wise decisions on your health improvement process. As usual, please seek advice from your doctor or any other qualified healthcare professional in case you want to try out kratom for use.
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