Florida's Emergency Rule – A Cap, Not a Ban

On June 22, 2026, Florida filed an emergency rule (2ER26-1) adding 7-hydroxymitragynine and six related compounds to Schedule I of the controlled substances list. But the rule includes a critical loophole: products are allowed if they contain no more than 1 mg/g (solid) or 1 mg/mL (liquid) of these substances, and if the ratio of mitragynine to 7-OH is at least 100:1. In other words, kratom products that meet these limits remain legal. This is not a ban – it is a regulated allowance that does nothing to remove kratom from stores or protect Floridians from its dangers.

Why the Emergency Rule is a Deadly Failure

• It still allows kratom sales. The rule does not ban kratom. It merely restricts the concentration of 7-OH and related compounds. Mitragynine itself is a potent opioid agonist, and products can still be sold with high mitragynine content as long as the ratio is maintained. This keeps the primary addictive substance on shelves.
• The 1 mg/g limit is arbitrary and unenforceable. There is no field test for 7-hydroxymitragynine. Law enforcement cannot verify compliance at the point of sale. Determining the limit requires expensive laboratory analysis (LC-MS/MS) that is not available to local police. The rule creates a standard that cannot be enforced in practice.
• No mandatory testing for lead, ethanol, or contaminants. Independent labs have repeatedly found lead at unsafe levels and ethanol concentrations as high as 15-16% in liquid extracts – legally alcoholic. The emergency rule does not address these contaminants. A product can be "compliant" with the 7-OH cap and still poison consumers with heavy metals or alcohol.
• Enforcement is left to the Department of Agriculture, not drug enforcement. The rule does not designate a specialized enforcement body. Inspectors have no toxicology expertise, and the system relies on self-certification by manufacturers. Retailers face little risk of penalty.
• It legitimizes an FDA-disputed substance. The FDA has repeatedly stated that kratom is not lawfully marketed as a dietary supplement and has no approved medical use. By creating a state-sanctioned regulatory pathway, Florida gives consumers a false sense of safety. People assume "regulated" means "safe" – a deadly misconception.
• The 100:1 mitragynine-to-7-OH ratio ignores the danger of mitragynine itself. Mitragynine is a psychoactive opioid with its own addiction and overdose risks. The rule does nothing to limit total mitragynine dose – manufacturers can simply increase serving size to deliver dangerous amounts while staying under the 7-OH cap.
• Florida leads the nation in kratom-related deaths. According to CDC and poison center data, Florida consistently reports the highest number of kratom-associated fatalities. This rule does nothing to address that reality – it merely reclassifies the problem while allowing sales to continue.

Bottom line: The emergency rule is a regulatory smokescreen. It does not ban kratom, it does not protect public health, and it cannot be enforced. The only answer is to repeal this rule and pass a full Schedule I ban that prohibits all kratom alkaloids without exception.

The Only Answer: A Full Schedule I Ban

Florida should not regulate kratom. It should prohibit it – plain and simple. A full Schedule I ban removes kratom from every gas station, vape shop, and online retailer. No 1 mg/g cap games, no ratio loopholes, no enforcement by agriculture departments, no legitimization of a deadly drug.

If the legislature wants to address kratom, it must do so by ending its sale entirely – not by creating a regulated market that has already failed to prevent the highest death rate in the nation.

What You Can Do Right Now

• Document retail sales in your community. Take photos of kratom displays in gas stations, vape shops, and stores near schools. Capture extracts, powders, shots, and any wellness or intoxication marketing. These images build a powerful record for lawmakers.
• Build local awareness. Many Floridians don't know that the emergency rule still allows kratom sales – or that Florida leads the nation in kratom deaths. Share educational materials with parents, healthcare professionals, educators, local officials, and community groups.
• Recruit stakeholders. Use the list below to connect with pharmacists, physicians, nurses, addiction professionals, law enforcement, educators, and parents. Ask each organization to support a full ban.
• Follow developments in other states. Full bans in states like Nevada and the failure of regulation models elsewhere provide lessons and evidence for Florida lawmakers.
• Prepare for the next legislative session. Legislative action moves quickly. Build local networks, share educational materials, document retail activity, contact community leaders, and prepare testimony and evidence packets to demand a full ban – not a regulatory cap.

Florida Organizations & Stakeholders – Build the Coalition for a Full Ban

Below are key Florida groups that can influence kratom policy. For each category, we explain why they matter and what to ask when you reach out. Use the contact links to start the conversation.

Law Enforcement & Public Safety

Why they matter: No field test means any law short of a full ban is nearly impossible to enforce. Law enforcement can explain to legislators why a 1 mg/g cap is unenforceable and why a full ban is the only workable solution.

What to ask: "Will you support a full ban on all kratom products? Can you testify that the absence of a field test makes the current rule unenforceable?"

Health & Poison Control

Why they matter: The Department of Health, Substance Abuse and Mental Health, and Poison Center track substance use, poisoning data, and treatment needs. Their analysis can quantify the burden of kratom and justify a ban.

What to ask: "Will you collect and publish data on kratom-related emergency visits and poisonings? Will you support a full ban?"

Pharmacy

Why they matter: Pharmacists, the Board of Pharmacy, and pharmacy schools have direct knowledge of product safety, contamination risks, and the limitations of self-regulation. They can advocate for a full ban.

What to ask: "Will your organization issue a public statement supporting a full statewide ban on kratom? Will you provide data on adverse events or poisoning calls?"

Medical & Hospital Associations

Why they matter: Physicians, pediatricians, nurses, and hospitals see kratom's harms firsthand. Their public statements carry significant weight with legislators.

What to ask: "Will your organization issue a public statement supporting a full statewide ban on kratom? Will you share data on kratom-related ER visits or poisonings?"

Behavioral Health & Recovery Networks

Why they matter: These providers see the real-world consequences of kratom dependence – withdrawal, failed treatment attempts, and relapse. Their testimony can illustrate the addictive nature of kratom.

What to ask: "Will you support a full ban and provide testimony or written comments about the burden of kratom addiction on your programs?"

Prepare Messages for the Next Session – Demand a Full Ban

Florida's emergency rule is a failure. Use the template below to educate legislators about why it must be repealed and replaced with a full Schedule I ban.

Call Script for Stakeholder Outreach