No. CS/HB 1205
Filed under Agriculture.
Kratom; Requires DACS to certify laboratories that meet certain qualifications; requires DACS to adopt certain rules for certification & DOH to assist DACS in developing such rules; provides that licensed laboratories agree to certain audits & inspections by DACS; requires certain criteria to be met for distribution & sale of kratom products; prohibits retail sale & delivery of kratom products; prohibits kratom products from being sold, given, bartered, furnished, or delivered to certain consumers; provides that it is unlawful to sell, give, barter, furnish, or deliver kratom products to persons under certain age; provides that kratom products sold, offered for sale, delivered, or distributed in violation of specified provisions are contraband, are subject to seizure & forfeiture, & must be disposed of in specified manner; prohibits person from ingesting kratom products in, on, or within specified distance from school property during certain time period; authorizes specified businesses to sell kratom products.
Plain English Summary
AI-GENERATEDEvery kratom product must be tested by an independent, state-certified lab for potency and contaminants, capped at 2 percent 7-hydroxymitragynine of its alkaloids, and barred entirely from containing any synthetic alkaloid or synthetically derived compound.
Retail sale is banned everywhere except establishments that exclude everyone under 21, liquor-licensed venues that keep kratom out of customers' reach, or a strictly regulated mail-order channel requiring ID checks and a credit card statement disclosure.
A third sale to a minor within 12 months of a second becomes a third-degree felony, and any kratom product sold in violation of the law is contraband, seizable and destroyed at the seized party's own expense.
A new, separate ban bars ingesting kratom products within 1,000 feet of any school between 6 a.m. and midnight, and violating the kratom law can also cost a retailer its unrelated tobacco dealer permit.
AIA kratom product may be sold only if 7-hydroxymitragynine makes up no more than 2 percent of its total alkaloid content, a hard potency ceiling aimed at the concentrated extracts now common on the market.
AINo kratom product sold in Florida may contain any synthetic alkaloid or any synthetically derived compound of the plant, including synthetic 7-hydroxymitragynine, regardless of how it is packaged or labeled.
AIKratom may be sold at retail only at a food-permitted business that bars everyone under 21 from the premises, or at a liquor-licensed business that keeps kratom products physically inaccessible to customers if it allows minors inside.
AIA first sale of kratom to someone under 21 is a second-degree misdemeanor. A second offense within a year becomes a first-degree misdemeanor, and a third offense within a year of that becomes a third-degree felony.
AIEvery kratom product must be tested by a laboratory the department certifies as independent, meaning the lab cannot have any financial stake in the company being tested or in the kratom or marijuana industry generally.
AIA kratom product sold, delivered, or distributed in violation of the law is treated as contraband, seizable and forfeitable under the Florida Contraband Forfeiture Act, then destroyed under court order.
AIA person may not ingest a kratom product within 1,000 feet of a public or private elementary, middle, or secondary school between 6 a.m. and midnight, enforced as a civil infraction rather than a crime.
AIA business selling kratom by mail, phone, or online must verify the buyer is 21 or older, get a signed age certification, confirm the order by phone before shipping, and require an adult signature and ID check at delivery.