OCALA, FL (352today.com) – At its Tuesday, August 18, 2026, meeting, the Marion County Board of County Commissioners agreed to hit pause on any local ordinance targeting kratom products, citing enforcement challenges and pending federal action on concentrated synthetic versions of the substance.
The discussion followed public comment and a staff presentation during the board’s regular meeting. Speakers and commissioners largely agreed that synthetic and highly concentrated products pose the primary health risks, while traditional leaf products differ significantly.
“The speakers noted that the Florida statute 500.92, which is the Florida Kratom Consumer Protection Act, does not distinguish between the leaf product and the synthetic product as far as the definition of kratom product; both of them are included within that definition, and the statute makes it unlawful to sell any kratom product to anyone under 21 years of age,” said Matthew Minter, attorney for Marion County. “So the Florida statute doesn’t distinguish between them, at least as far as being able to sell them to kids, whether it’s the tea or the synthetic product. I’ve also included in the documents the regulations, including from the Florida Attorney General, regarding the labeling of kratom products. Most of these, in contrast to the statute, do focus on the synthetic compounds, but they regulate it.”
“If you’re going to focus on the synthetic products, then you’re going to have to have a laboratory that’s going to be able to test the synthetic products to be able to prove what’s in the product,” he explained.
During public comment, one speaker described how a local business, Muddy Lotus Tea, has provided a safe space for a family member who struggles in most public settings. The speaker acknowledged legitimate concerns about concentrated kratom extracts, synthetic 7-OH, and related analogs, supporting efforts to keep dangerous products out of the community. However, the speaker urged the board to distinguish between those products and traditional leaf, warning that a blanket ban would unjustly restrict peaceful residents and responsible businesses not causing the harm officials seek to prevent.
Minter presented a memo for board discussion and direction. He noted that a draft ordinance modeled on Sarasota County’s (the only Florida county with such rules) had been prepared but was not attached or proposed for adoption. Florida’s Kratom Consumer Protection Act defines kratom products broadly and already bans sales to anyone under 21. Regulations from the Florida Attorney General focus more on synthetics, setting concentration limits, permitting requirements, and restrictions on adulterants.
Minter referenced the DEA’s notice of intent to temporarily categorize concentrated synthetic 7-OH as a Schedule I substance, which had been expected to take effect around Aug. 5, 2026, but had not yet become effective based on available information. State law has not treated the substance as a Schedule I controlled substance.
Commissioner Kathy Bryant, who previously sat on the opioid task force, said the issue advanced faster than intended and that testimony and emails underscored the distinction between synthetic products and natural leaf. She recommended pausing to monitor the DEA process and communicate with the Florida Attorney General rather than adopting rules that could prove unenforceable.
Other commissioners agreed. Several noted coordination already underway with Ocala Mayor Ben Marciano, who has met with the attorney general and is engaging law enforcement.
One suggestion involved exploring whether Marion County could help pilot testing methods to differentiate natural leaf from synthetics. Commissioners also pointed to upcoming code changes affecting smoke and vape shops near schools, churches, and other places where children gather; that item is scheduled for public hearing Aug. 26, 2026.
“We’re going to tap pause on it,” the chair said, expressing hope that federal action will remove harmful products from shelves while allowing responsible operators to continue.