Key Takeaways
- Currently, kratom is legal in Texas with regulations from the Texas Kratom Consumer Health and Safety Act.
- The proposed SB 1868 hopes to restrict things even further by banning synthetic alkaloids.
- Regulations are critical to keeping consumers safe, but these tighter restrictions may be trouble for existing vendors.
Thinking of buying Kratom in Texas? You’d better make sure the Texas kratom laws are on your side. Kratom is extremely popular in the Lone Star State, from Houston to San Antonio to Amarillo and everywhere in between. But while kratom products might be readily available, there are a lot of important health and legal considerations that shouldn’t be ignored. So, is kratom legal in Texas? And what do buyers need to know before stocking up?
What are the Laws in Texas?
The current laws are pretty straightforward: You are allowed to purchase, possess, manufacture, or distribute kratom products so long as they’re in accordance with all other laws. In other words, kratom is legal in Texas so long as it isn’t contaminated with any controlled substances or otherwise in violation of Texas laws.
Prior to September 2023, kratom was a largely unregulated but legal substance. The passing of the Texas Kratom Consumer Health and Safety Act (SB 497) established new regulations to ensure the safety of the product while maintaining its legal status. The new law regulates its processing and sale and establishes a rule-making authority. More specifically, it:
- Established labeling requirements for kratom products
- Prohibited the inclusion of dangerous non-kratom adulterants and contaminants
- Limited the maximum concentration of 7-hydroxymitragynine (a key alkaloid) to just 2% of the total product
- Limited the sale of kratom to buyers 18 years of age and older
This is one of the first laws stipulating that kratom is legal in Texas, and it was enacted to protect consumers from tainted kratom products, but it’s not the first attempt to regulate it. In 2021, two proposals for Texas kratom laws (HB 1097 and SB 821) would have enacted similar restrictions and protections as the current law. However, the house bill (HB 1097) died in committee, and the senate bill (SB 821) didn’t make it past the chamber.
Newer Bills Suggest Tighter Regulations
Now, a more recent bill, SB 1868, threatens kratom sales and the potential legality of certain products. The new law would ban certain synthetic kratom alkaloids, adding them to Penalty Group 1 of the Texas Controlled Substances Act. It would also introduce stricter product regulations, which include the mandated testing of products by accredited laboratories. The proposed law also raises the legal age for purchases to 21 and prohibits the sale of kratom in specific areas.
While there is nothing wrong with establishing more safety standards, if SB 1868 passes, it threatens sellers of legal kratom in Texas. The bill suggests a strict limit on the concentration of 7-hydroxymitragynine (0.01% of total alkaloid content). This limit is lower than standards recommended by other states, and it could make it difficult and cost-prohibitive for some vendors.
While 2% (the current limit) can be seen as high to some people, it is an established standard in other states, including Arizona, Oklahoma, and Utah. The natural kratom plant typically comprises less than 2% or even 1% of 7-hydroxymitragynine, but setting the limit to 0.01% is aggressive and potentially unfairly restricts the market.
Texas and Kratom Legality
Texas kratom laws make it one of 44 states where kratom is legal and on the books. But while kratom is legal in Texas and other states, you do have to be careful when traveling to neighboring Arkansas or nearby Alabama.
Kratom is prohibited in both of these states, and the penalties for possession can be fierce. In Arkansas, possession of less than 4 ounces of kratom is a class D felony punishable by up to 6 years in prison and a fine of up to $10,000 (the penalties are worse for possession of higher amounts or repeat offenses). Possession is also a class D felony in Alabama, punishable by 366 days to five years in prison. So if you plan to head out of state with your kratom, make sure to brush up on the laws in every location to which you’re traveling.
As long as you remain in Texas, where kratom is legal, or restrict your travel to kratom-legal states, you’ll have nothing to worry about. Even if you plan to drive south of the border for a sunny weekend in Mexico, kratom is legal there as well. However, in case you’re stopped by border officials, make sure that your kratom is in its original packaging with the label intact. You don’t want to arouse any suspicions when crossing international borders. For more information, refer to our comprehensive guide to traveling with kratom.
Beyond the Kratom Laws in Texas
The reason why states continue to debate the legal status of kratom is out of concern for its safety. But the reason why safety remains a problem is that kratom is unregulated in most places. The Texas Kratom Consumer Health and Safety Act not only ensures that kratom is legal in Texas, but it also ensures its safe manufacture and sale. The new proposed law would install potentially unrealistic restrictions that could limit or eliminate access for responsible consumers.
The purchase of kratom powders, kratom capsules, or kratom extracts in Texas is still legal. But the landscape for trusted, reputable manufacturers with an impeccable reputation in the industry might be threatened if SB 1868 takes effect.
Genuine kratom products are 100% natural and more than meet the current regulations in Texas. Buying modified or synthetic products, those meant to enhance alkaloid levels beyond naturally present limits, is potentially dangerous. Mixing kratom with drugs and alcohol is also not recommended.
Before you buy kratom online or in person, consult your primary care physician to ask about safety and any potential interactions with medications. There have been some minor but noteworthy interactions between kratom and certain CNS-active drugs, including some antidepressants.
The Best Place to Buy Kratom in Texas
Since kratom is legal in Texas and you’re now a bit more familiar with Texas kratom laws, where can you buy it? You have a lot of options: herb stores, nutrition stores, convenience stores, and others. However, if you want to get the best value on the best products, we invite you to browse the wide selection of premium-grade kratom products right here at The Kratom Company. We offer:
- 100% all-natural kratom grown on reputable Indonesian kratom farms and manufactured by a trusted industry leader.
- A more robust product selection, including an array of popular kratom strains, vein colors, and product types.
- Friendly customer service delivered by knowledgeable kratom experts who can help you find exactly what you’re looking for.
- Free, same-day shipping on all orders.
- The ability to compare products, read detailed descriptions, and browse reviews before buying.
- Competitive prices on some of the best kratom products available.
Kratom is legal in Texas, but you shouldn’t purchase it from just anywhere. Go with the industry leader, and discover a rewarding kratom experience like no other.