New Florida Kratom Law Explained

Sunshine, beaches, palm trees…and kratom.

Florida is known for many things, and with Gov. Ron DeSantis signing the Kratom Consumer Protection Act (KCPA) into law earlier this month, it now joins ten other states that have also enacted kratom legislation of the same name. However, Florida’s version did get watered down throughout the legislative session, with several of the regulations originally included ultimately failing to make it into the final bill.

Sen. Joe Gruters had initially introduced SB 136, which contained many of the same restrictions and requirements that appear in a typical KCPA bill. Guidelines for processing, labeling, registering, testing, and reporting were detailed, providing important consumer protections and clear rules for kratom processors to follow.

However, Rep. Alex Andrade in the House did not include such strict requirements in his corresponding HB 179, and he rejected Gruter’s attempts to amend the House bill to match the Senate version. In the end, a Committee Substitute for HB 179 is what made it to the Governor’s desk.

“We’re moving the age to 21. And that’s about it,” Gruters stated in frustration, according to Florida Politics.

Indeed, the age requirement of 21 is essentially all that remained in the stripped-down bill that is now set to become Florida law.

Supporters of KCPA legislation advocate for keeping kratom legal, accessible, and, most importantly, safe. As of July 1, 2023, Florida can begin doing just that, although with notable exceptions.

SB 136

Sen. Gruter’s SB 136 was very similar to other KCPA legislation, including the bill that was recently passed by the Rhode Island House of Representatives. It included the following regulations:

Prohibition:

• Kratom products cannot be adulterated with any dangerous non-kratom substance that affects its quality or strength to such a degree that it may injure a consumer.
• Poisonous or otherwise harmful non-kratom ingredients are prohibited, including any of the controlled substances listed in 893.03.
• 7-hydroxymitragynine levels must not be greater than 1% of the alkaloid composition of the product.
• Synthetic alkaloids are not permitted, including any synthetically derived compound of the Mitragyna speciosa plant.
• The product’s packaging or label must include directions for safe and effective use, including a suggested serving size.
• Labels cannot claim that the product is intended to diagnose, treat, cure, or prevent any medical condition or disease.
• Kratom extract cannot contain levels of residual solvents higher than the standards set forth in USP-NF chapter 467.
• Processors may not sell, distribute, or expose for sale a kratom product to anyone under 21 years of age.

Registration:

• Processors must register annually with the Florida Department of Agriculture and Consumer Services (FDACS) any kratom product intended for sale.
• A Certificate of Analysis (COA) for all products is required from a certified independent third-party laboratory showing compliance with all safety requirements.

Reporting:

• Processors must provide updated COAs as requested by the FDACS.
• Processors must report any known adverse events related to a registered kratom product to both the U.S. Food and Drug Administration (FDA) and the FDACS.
• Failure to comply with reporting requirements may result in the revocation of the processor’s kratom product registration.

Violations:

• Any violation is classified as a second-degree misdemeanor.
• Punishments include up to 60 days in jail and up to $500 in fines.

HB 179

Although Rep. Andrade has stated that he does agree with the requirements included in SB 136—and even has previously sponsored a nearly identical bill himself—he took a much narrower approach this time around, citing budget concerns.

“While I’m happy to work in the future on consumer protections related to this product, I believe as to be fiscally responsible (that these revisions) would require a fee bill in conjunction,” Andrade said, as reported by Florida Politics. “I’m asking the Senate to stick with our bill this year.”

That bill is quite simple to summarize. Just as Gruters had complained about, the only regulation of kratom products included in the bill is that:

“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.”

It did keep violations classified as a second-degree misdemeanor, with punishments of up to 60 days in jail and $500 in fines. Otherwise, all other mandates that existed in SB 136 were removed.

For now, at least.

MT Brands Supports the KCPA

By following the science of kratom and avoiding a potentially harmful ban, KCPA states are demonstrating the most responsible and effective way to approach kratom legislation. While Florida’s new law does fall short of others, it is at least a step in the right direction.

You may think that a company like MT Brands would oppose any regulatory efforts whatsoever. However, the exact opposite is true. As a GMP-certified manufacturer, we value quality and safety above all else. Therefore, we support any legislation that ensures consumers can legally purchase kratom while also being protected from adulterated or otherwise unsafe products.

If you’re one of the millions of people in this country who rely on kratom for its many benefits, wouldn’t you rather reside in a KCPA state where kratom is regulated for safety? Even if you don’t have a personal interest in kratom, you should still recognize such an act as basic common sense and good public policy. People everywhere should demand that their state adopts their own version of the KCPA.

Stay tuned for more kratom news coming from MT Brands soon.