Just two weeks after Louisiana became the seventh state to ban kratom entirely, Florida Attorney General James Uthmeier announced that an emergency rule had been filed to classify isolated and/or concentrated 7-hydroxymitragynine (7-OH) from kratom as a Schedule I controlled substance in Florida.
The rule, which took effect immediately, makes it illegal to sell, possess, or distribute any isolated or concentrated form of 7-OH in the state. Kratom is a tropical tree (Mitragyna speciosa) that is native to Southeast Asia, and is not lawfully marketed in the U.S. as a drug product, a dietary supplement, or a food additive in conventional food. It is frequently brewed into tea.
FDA Commissioner Marty Makary, M.D., M.P.H., immediately praised the Florida Restriction on 7-OH opioid products.”
“Today, I applaud Florida Attorney General James Uthmeier’s bold efforts to protect Floridians by filing an emergency rule to classify certain concentrated forms of 7-hydroxymitragynine, also known as 7-OH, as a Schedule I controlled substance in Florida. Effective immediately, the rule makes it illegal to sell, possess, or distribute certain concentrated forms of 7-OH – a potent opioid – in the state.”
Makary said the proliferation of concentrated 7-OH products is a significant concern for the FDA.
“ I am particularly concerned with the growing availability of concentrated 7-OH products appealing to children and teenagers, such as fruit-flavored gummies, candies, and ice cream cones. These concentrated 7-OH products have snuck into every community in America, and I’m glad to see Florida’s local leaders fighting back and educating Floridian parents, law enforcement professionals, teachers, and community leaders about this threat to public health,” said the FDA Commissioner. “I encourage other states to act now and use common-sense regulation to safeguard the well-being of our youth and make America Healthy Again.”
Florida’s action comes after the FDA’s recent recommendation for a federal scheduling action to control concentrated 7-OH products under the Controlled Substances Act. The Drug Enforcement Administration is reviewing the recommendation. It has the final authority on scheduling, which requires a rulemaking process that includes a period for the public to provide comments before any scheduling action is finalized.
“Due to the danger posed to the public, Florida is taking 7-OH off the shelves immediately. This dangerous substance is being marketed to teens and young adults and has a high potential for abuse and death,” said Florida Attorney General James Uthmeier. “We are grateful for President Trump and Dr. Makary for sounding the alarm, giving my office the foundation to protect Floridians.”
“Concentrated 7-OH products — which are dangerous opioids — snuck into every community in America right under our noses,” said Makary. “I’m glad to see Florida’s state officials fighting back and educating Floridian parents, law enforcement, professionals, teachers, and community leaders about this threat.”
7-OH is a chemical compound found naturally in the kratom plant. While naturally occurring, levels are low in whole kratom leaves, and isolated or concentrated forms of 7-OH — often found in extracts, shots, powders, or capsules — are much more potent. Such products are frequently marketed as natural or wellness supplements but can lead to addiction, overdose, and other serious health effects.
By classifying isolated and concentrated 7-OH as Schedule I, Florida law now treats these products in the same category as heroin, LSD, and fentanyl analogs —substances with a high potential for abuse and no accepted medical use. The emergency rule empowers law enforcement and regulatory agencies to begin immediate enforcement and removal of these products from retail locations statewide.
Jeff Smith, National Policy Director of the Holistic Alternative Recovery Trust (HART), advocates for science-based policy, regulatory transparency, and access to safe, plant-based alternatives, said scheduling 7-OH with the most dangerous drugs is being done without specific evidence Smith said the action “ lacks science, disregards how 7-OH is used in the real world, and threatens thousands of American consumers who rely on 7-OH to improve their daily lives.”
(To sign up for a free subscription to Food Safety News, click here.)