{"id":143943,"date":"2026-02-04T22:13:09","date_gmt":"2026-02-04T22:13:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-fl\/143943\/"},"modified":"2026-02-04T22:13:09","modified_gmt":"2026-02-04T22:13:09","slug":"kratom-advocates-tout-its-properties-but-florida-legislators-want-strict-warnings","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-fl\/143943\/","title":{"rendered":"Kratom: Advocates tout its properties, but Florida legislators want strict warnings"},"content":{"rendered":"

\t\t\t\t\t\t\t\t\"Kratom
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\tKratom by Yanawuti via Stock for WMNF News.<\/p>\n

by Camille Louise Goering, Florida Trident
February 4, 2026<\/p>\n

Florida lawmakers are considering legislation to tighten regulations on the production and sale of kratom, an increasingly controversial herbal supplement made from the leaves of a Southeast Asian tree. SB 994, sponsored by Sen. Joe Gruters, and HB 1205, sponsored by Rep. Dean Black, would expand the 2023 Kratom Consumer Protection Act<\/a>, which they say would help shield consumers from a dangerously unregulated and wildly volatile drug.\u00a0<\/p>\n

Yet kratom\u2019s advocates, while favoring more robust regulation of their product, say the legislation disproportionately disadvantages manufacturers of leaf-based products and retailers like kava bars while favoring the corporate interests of synthetic producers, which they contend would increase health risks for consumers.<\/p>\n

\u201cAll I know, is that if your business model doesn\u2019t allow you to protect public safety, then your business should perish,\u201d Black said in an interview with the Florida Trident.<\/p>\n

Black\u2019s bill makes no distinction between synthetics and plant-based products\u2014but critics say the distinction matters. They say that only producers of highly potent extracts and derivatives, whose products command far higher profit margins and come with far more risk\u2014would be able to absorb newly imposed compliance costs. <\/p>\n

On the other hand, says Matthew Lowe, executive director of the Global Kratom Coalition, the bill would likely punish the very businesses that have long championed responsible kratom use: kava bars.\u00a0<\/p>\n

\u201cTo be honest?\u201d responded Black, \u201cI don\u2019t know what a kava bar is.\u201d<\/p>\n

Advocates laud kratom for its relaxing, pain-relieving, and mildly euphoric properties. The plant leaf has been consumed as powder or tea in parts of Asia for centuries\u2014and by millions<\/a> of kava bar patrons across the United States since the 1970s. It\u2019s also touted by some as a natural, holistic remedy for opioid withdrawal symptoms, since its active alkaloid, mitragynine<\/a>, interacts marginally with opioid receptors\u2014which is also what some argue may make it addictive. <\/p>\n

Research on the subject is mixed; while some studies<\/a> suggest that some may experience mild to moderate withdrawal symptoms after high-dosage, prolonged use, further research<\/a> suggests that the way kratom compounds affect specific opioid receptors may reduce the potential for addiction relative to opioids.\u00a0<\/p>\n

In light of the nation\u2019s ongoing opioid epidemic, kratom\u2019s complex pharmacological profile partially accounts for both its popularity and its susceptibility to controversy. In 2023, for instance, a Tampa Bay Times investigation<\/a> raised concerns not only about the addictive potential of kratom-based products but also about the wide variation in their chemical composition. <\/p>\n

The investigation reported on hundreds of kratom-related deaths across Florida, though the majority of cases involved a lethal mix of diverse substances, and those reported to have involved kratom alone did not differentiate between plant products and synthetics. Many kratom advocates insist that concerns about the plant primarily stem from widespread confusion about the important distinction between kratom leaf and its derivative compounds. And many argue that the latter should not be sold as kratom at all.<\/p>\n

Free of health risks?<\/p>\n

While research by the FDA<\/a> and other agencies<\/a> suggests that kratom carries a relatively low potential for abuse or harm<\/a> when used responsibly, it isn\u2019t free of health risks or addictive potential. Still, kratom is not, medically or legally speaking, an opiate\u2014but its most potent synthetic derivative, 7-OH (7-hydroxymitragynine), is. That distinction is missing from the proposed legislation.<\/p>\n

The new bill defines kratom broadly as a product that \u201ccontains any part of the leaf.\u201d It requires processors to comply with strict testing, labelling, and manufacturing standards, obtain FDA registration and product liability insurance, subject each batch of any product to independent lab testing, sell products free of any other psychoactive substances, label their products with revised warnings and directions, and comply with FDA drug manufacturing standards.\u00a0<\/p>\n

But while \u201cthe objective is great,\u201d maintains Lowe, \u201cthe details are unworkable\u201d for all but high-margin synthetic manufacturers, who already require pharmaceutical-grade laboratories and facilities to manufacture their potent products, and who, unlike producers of leaf-based products, will likely find themselves federally mandated to adhere to such provisions in the long term. <\/p>\n

Moreover, while the bill defines kratom as a product that \u201ccontains any part of the leaf,\u201d it strikes out references to \u201cextract,\u201d \u201csynthetic alkaloid,\u201d and \u201csynthetically derived compound.\u201d Most of the bill\u2019s subsequent provisions\u2014 registration, labeling, certificates of analysis, retail restrictions, and enforcement\u2014apply only to \u201ckratom products,\u201d which would conceivably allow synthetic producers to plausibly argue that they fall outside the bill\u2019s regulatory regime.\u00a0<\/p>\n

Ultimately, the legislation\u2019s provisions offer no distinction between small, organic-based, privately owned and operated enterprises like kava bars and industrial entities manufacturing synthetic kratom by-products. The one-size-fits-all legislation raises familiar questions about the role corporate interests play in the economic dynamics of consumer protection guardrails in the nation\u2019s wellness and healthcare system.\u00a0<\/p>\n

Since its U.S. commercial debut, kratom, like many imported holistic remedies before it, has been appropriated by enterprising alchemists looking to turn profits from the product\u2019s conversion into potent extracts and synthetics (typically consumed in pill or concentrated liquid form). And none have rocked the market\u2014and addiction-recovery communities\u2014quite like 7-OH. Up to 20 times more powerful than kratom\u2019s active alkaloid, mitragynine (<\/a>and between 13-22x more powerful<\/a> than morphine), 7-OH, present in trace amounts on dried kratom leaf, has since been lab-synthesized into commercial products containing up to 50x its natural concentration.\u00a0<\/p>\n

Since 7-OH flooded Florida\u2019s smoke shops in 2023, reported deaths<\/a> associated with kratom and its byproducts have skyrocketed. Part of the problem, says Lowe, is that law enforcement data typically doesn\u2019t distinguish between deaths related to 7-OH and those related to kratom alone, primarily because postmortem toxicology panels typically test for \u201ckratom-derived substances\u201d without differentiating between 7-OH and mitragynine, and results are then grouped under the umbrella term of \u201ckratom.\u201d What differentiated data does exist suggests<\/a>, according to Lowe, is that \u201cpeople don\u2019t overdose on the leaf alone.\u201d \u201cThe numbers,\u201d he says, \u201care confounded by the fact that people are using multiple substances,\u201d such as alcohol, amphetamines, and 7-OH.\u00a0<\/p>\n

Both Lowe and Mac Haddow of the American Kratom Association believe that synthetics like 7-OH shouldn\u2019t be called kratom at all. Many federal and state authorities agree. In July 2025, FDA Commissioner Marty Makary formally recommended<\/a> that 7-OH be classified as a Schedule I substance, and in August, Florida Attorney General Uthmeier issued a mandatory order to that effect<\/a>.\u00a0 \u201cWe\u2019re not targeting kratom,\u201d Makary specified, \u201cright now, we\u2019re focused on this dangerous synthetic concentrated byproduct.\u201d\u00a0<\/p>\n

Despite that, Rep. Black says the distinction between organic kratom and its synthetic derivatives is immaterial. \u201cThis bill,\u201d he says, is \u201cabout closing loopholes and cracking down on kratom being available to children and teenagers.\u201d Black wants to ensure that the market remains open only to \u201cpure,\u201d unadulterated products. That makes sense in theory, says Lowe, but kava bars traditionally brew the plant into tea and mix it with other ingredients, such as black pepper and caffeine. To some, this bill seems to target those traditional practices while allowing products like 7-OH, which are technically unadulterated but much more potent, to pass themselves off as \u201cpure.\u201d<\/p>\n

Cracking down on kratom <\/p>\n

Most kratom advocates support regulation. \u201cKratom helps people, so we all have an interest in making the product safer,\u201d said Gary Eliasov-Hodes of Cloud Smoke Shop in Tallahassee. He says he aims to sell products that are lab-tested and safe, and that \u201cthat should be the case everywhere.\u201d <\/p>\n

And yet, because kratom isn\u2019t federally regulated (and remains underregulated in Florida), there remains a wide variation in the composition<\/a> of available products. Such products, says Eliasov-Hodes, not only pose indeterminate health risks to consumers but could also conceivably be highly potent and habit-forming, particularly for those with a preexisting history of addiction.<\/p>\n

Which is why Haddow, like Lowe, believes that products \u201c should be labelled, tested, and unavailable to children.\u201d But as Eliasov-Hodes points out, \u201cwhile batch-level, independent lab testing and drug manufacturing standards sound great to the layperson,\u201d such measures are not financially feasible for leaf-based businesses that maintain low profit margins precisely because they won\u2019t sell synthetics. By contrast, such standards are entirely achievable for 7-OH producers because of their high profit margins. Furthermore, they\u2019re likely to have to submit to drug manufacturing standards in the near future anyway.\u00a0<\/p>\n

When asked if he collaborated with any advocacy groups on this bill, Black mentioned the Holistic Alternative Recovery Trust (HART). The group purports to \u201cpromote healthy alternative solutions to American consumers\u201d and \u201caddress the national opioid epidemic,\u201d while boasting a board of directors composed entirely of 7-OH producers. <\/p>\n

Founded in 2023\u2014the same year 7-OH flooded the U.S. market\u2014HART\u2019s board of directors includes leading synthetics manufacturers such as Adam Israel of Hydroxi, Brooke Willis of Colorado Chromatography Labs (d\/b\/a kanna21) and Sunflower Hemp LLC (d\/b\/a Sunflower Wellness), Vince Sanders, owner of Missouri-based Shaman Botanicals and Dharma Isomers, and Matt Schwarmann of Outpost Brands in Daytona Beach, one of the largest white label manufacturers of 7-OH\u2014and a major Republican Party campaign donor. <\/p>\n

Campaign finance records reveal that Schwarmann, whose brand produces products under names such as \u201cDozo Perks,\u201d \u201cOpia\u201d and \u201cOxin,\u201d has donated over $750,000 to various Florida Republican PACs since January 2025\u2014including $75,000 to Florida Senate president designate Jim Boyd\u2019s \u201cBuilding on Your Dreams\u201d PAC and $75,000 to PACs associated with Gruters, sponsor of the Senate kratom bill. <\/p>\n

Public records show no direct contributions from the American Kratom Alliance, Global Kratom Coalition, or Florida\u2019s top five leaf producers. But all three organizations (HART, AKA, & GKC) have registered lobbyists for the 2026 Florida legislative session.\u00a0<\/p>\n

In an interview with the Florida Trident, Lisa Kauffman, a HART representative, confirmed the organization\u2019s involvement in drafting the legislation. \u201cWe helped [legislators] to get some of the policy ideas in place,\u201d Kauffman said. \u201cStrict regulation, not selective prohibition, is essential to protecting public health and keeping these products away from kids,\u201d said Jeff Smith, National Policy Director for HART. Conversely, kava bar owners contend that, in fact, selective prohibition is the only means of distinguishing an herbal supplement from a dangerous drug.\u00a0<\/p>\n

So why would 7-OH producers support the legislation? Some leaf producers suggest that the synthetic industry still hopes to kill the AG\u2019s scheduling bill by positioning 7-OH as a clean alternative to kratom leaf, and this bill\u2019s broad definitions and emphasis on mitigating adulteration could help do that. In raising barriers for smaller, leaf-based sellers, this new regulatory framework could also conceivably allow 7-OH sellers to continue raising profits while they await further legislative developments.\u00a0<\/p>\n

\u201cThe process of scheduling drugs isn\u2019t straightforward,\u201d says Lowe. Which may explain why, long after having received multiple FDA warnings<\/a>, Vince Sanders was still producing and selling 7-OH. In December, federal agents confiscated over 73,000 products<\/a> from his facility. But \u201cthe craziest part,\u201d said Sanders<\/a>, was that because of the legal and practical complexities around drug scheduling, \u201cwe literally sat there continuing to make the products they were taking.\u201d\u00a0<\/p>\n

While manufacturers like Sanders might be able to sustain operations under the new bill\u2019s requirement that all kratom producers adhere to pricey FDA drug manufacturing guidelines, leaf-sellers with lower profit margins likely wouldn\u2019t. Under 21 C.F.R. Part 210,<\/a> drug manufacturers must maintain pharmaceutical-grade facilities, validation, documentation, and quality systems. But kratom leaf producers, says Lowe, \u201caren\u2019t drug manufacturers\u2014and kava bars aren\u2019t selling drugs.\u201d<\/p>\n

While all parties agree on the necessity of transparency and tighter regulations, the plant\u2019s proponents say most of the industry\u2019s problems stem precisely from potent synthetics replacing natural leaf products.\u00a0 \u201cIf we used kratom here the way they do in Malaysia,\u201d says Lowe, \u201cwe wouldn\u2019t see the same issues.\u201d Lowe, Haddow, and other kava advocates agree that kava bars, where kratom consumers drink brewed teas and many in addiction-recovery congregate, ought to be the model for kratom consumption in America. But Black\u2019s bill, Lowe and Haddow maintain, may well drive kava bars out of business.\u00a0<\/p>\n

\u00a0\u201cWe favor appropriate regulation that mandates testing and labelling and makes kratom unavailable to kids,\u201d says Haddow. \u201cBut consumers deserve an empowering and appropriate regulatory scheme that allows them to make informed, responsible decisions.\u201d But in what such a regulatory framework should consist remains, between plant advocates and producers of synthetic derivatives, a matter of enduring debate.\u00a0<\/p>\n

This article<\/a> first appeared on Florida Trident<\/a> and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License<\/a>.<\/p>\n

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