‘Florida Kratom Consumer Protection Act’ signed into law

Gov. Ron DeSantis has authorized Florida’s first strictures on the sale of kratom, a consumable relative of the coffee plant native to Southeast Asia that for centuries has been used as a euphoric pain reliever.

The legislation (HB 179), dubbed the “Florida Kratom Consumer Protection Act,” bans the sale of the substance to people younger than 21. It also defines “kratom products” in state statues.

Beginning July 1, anyone who sells kratom products to customers under 21 will face a second-degree misdemeanor charge, punishable by a fine of up to $500 and up to 60 days in jail.

DeSantis signed the measure Friday, roughly a month after both chambers of the Legislature approved the measure from Pensacola Republican Rep. Alex Andrade.

Kratom, which contains the principal compound mitragynine, is praised by proponents as a versatile alternative to more harmful, addictive substances like alcohol — a claim backed up, to some extent, by science. In a 2019 Purdue University study published in the British Journal of Pharmacology, researchers found kratom “can decrease alcohol intake but still (has) significant risk upon prolonged use.”

Some people report using it to manage drug withdrawal symptoms and cravings. It’s primarily consumed orally in powder, tablet, capsule, raw leaf and concentrated extract form.

The University of Florida, which has been studying kratom for years and has ample information online, says the most common negative effects associated with kratom use are nausea, vomiting, constipation, upset stomach, drowsiness, dizziness and agitation.

High doses and frequent use of kratom have been reported to cause liver enzyme elevation. Liver function has been found to return to normal after disuse.

Most states regulate kratom. Six — Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin — ban it.

Attempts to restrict the substance in Florida date back years, including a 2015 effort by the late Sen. Greg Evers and late Rep. Kristen Jacobs to ban kratom statewide. Sarasota is the only local government in Florida to fully ban it.

Andrade’s bill was the softer of two identically titled proposals filed for consideration in the 2023 Legislative Session. The other (SB 136), by Sarasota Republican Sen. Joe Gruters, was a near-carbon copy of legislation he and Andrade unsuccessfully sponsored last year that included detailed processing, reporting and labeling requirements for kratom products.

Gruters tried during the final days of Session to amend HB 179 so it aligned with the language in his bill and the original intent of the legislation he and Andrade set forth previously.

Andrade rejected that effort, causing the bill to bounce back and forth between the chambers until Gruters reluctantly relented.

Andrade said he is “happy to work in the future” to codify consumer protections in state law but explained the extra provisions in Gruters’ bill came with costs for which no budget apportionment now exists.