Florida Attorney General James Uthmeier on Wednesday made it illegal to sell, possess or distribute any isolated or concentrated form of 7-hydroxymitragynine (7-OH) in Florida. The rule, which takes effect immediately, classifies 7-OH as a Schedule I controlled substance in the state.
The ban comes after the U.S. Food and Drug Administration (FDA) in July said it is recommending a scheduling action to control certain 7-hydroxymitragynine products (7-OH) under the Controlled Substances Act (CSA).
“We are the first state to act certainly since the FDA issued a warning back a couple weeks ago,” Uthmeier said at Wednesday’s press conference.
A concentrated byproduct of the kratom plant, 7-OH is sold in vape stores, smoke shops, convenience stores and gas stations.
“Due to the danger posed to the public, Florida is taking 7-OH off the shelves immediately,” said Uthmeier.
At the press conference, Uthmeier said there are possible health uses for kratom but 7-OH should not be available at convenience stores.
“Potentially there are health uses certainly for kratom, but again, that’s with a prescription, a doctor’s order, you know, not at the 7-Eleven sitting next to a pack of Skittles,” he said. “We do not want kids to just have open access to this, given the power and the potency.”
The Florida Department of Health and local agencies have reported a recent increase in emergency room visits and adverse health incidents linked to kratom, particularly among individuals under the age of 25, the attorney general’s office said in a statement.
“There is, to be clear, no FDA approved 7-OH gummy, candy or drink.,” FDA Commissioner Marty Makary said during the press conference. “Anything on the shelves that is a 7-OH food supplement or drink is not legal.”
By classifying isolated and concentrated 7-OH as Schedule I, the emergency rule empowers law enforcement and regulatory agencies to begin “immediate enforcement and removal of these products from retail locations statewide,” the attorney general’s office said.
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