Is Kratom Legal in Texas? A Guide to 2025 Regulations

Kratom, derived from the Mitragyna speciosa tree native to Southeast Asia, is a controversial herbal substance valued for its stimulant and opioid-like effects, used for pain relief, anxiety management, and opioid withdrawal support. Its active compounds, mitragynine and 7-hydroxymitragynine, have sparked debates over safety, addiction risks, and regulation. As of June 2025, kratom’s legal status in Texas remains a critical topic for residents, vendors, and advocates in cities like Austin, Dallas, Houston, and San Antonio.

This article provides a detailed examination of kratom’s legality in Texas, recent legislative developments, health concerns, purchasing options, and implications for potential lawsuits, with a focus on public health data and advocacy efforts.

Is Kratom Legal in Texas?

As of June 2025, kratom is legal in Texas for purchase, possession, sale, and use by adults over 18, under the Texas Kratom Consumer Health and Safety Protection Act (House Bill 1097), effective September 1, 2023. This law regulates kratom to ensure product safety, requiring vendors to register, provide third-party lab testing, and label products with consumption instructions and alkaloid content. Unlike states such as Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin, where kratom is banned, Texas permits its use with restrictions to protect consumers from adulterated or unsafe products.

No local bans exist in major Texas cities like Austin, Dallas, Houston, San Antonio, or El Paso, or in counties such as Travis, Dallas, or Harris, making kratom widely accessible. However, Senate Bill 1868 (SB 1868), proposed in 2025, seeks to classify kratom as a Schedule I controlled substance, which would ban it statewide if passed. As of now, this bill has not been enacted, but it underscores the uncertain future of kratom in Texas.

Historical Context of Kratom in Texas

Texas has historically taken a permissive stance on kratom, aligning with its reputation for prioritizing individual freedoms. Unlike states with outright bans, Texas avoided significant legislative restrictions until the passage of HB 1097 in 2023. Earlier attempts to regulate or ban kratom, such as a 2014 proposal to classify it as a Schedule I substance, failed due to advocacy from the American Kratom Association (AKA) and users who emphasized its benefits for pain management and opioid withdrawal.

In 2016, the Drug Enforcement Administration’s (DEA) attempt to classify kratom as a Schedule I substance nationally (81 Fed. Reg. 59929) was withdrawn after public backlash, including from Texas residents. This event set a precedent for maintaining kratom’s legality in the state. The passage of HB 1097 in 2023 marked a shift toward regulation rather than prohibition, reflecting Texas’s balance between consumer access and safety.

Recent Legislative Developments

Texas Kratom Consumer Health and Safety Protection Act (HB 1097)

Enacted on September 1, 2023, HB 1097, also known as the Texas Kratom Consumer Protection Act, introduced regulations to ensure safe kratom products while preserving legal access:

Age Restrictions: Prohibits sales to individuals under 18.
Product Safety: Bans adulterated products containing synthetic alkaloids (e.g., 7-hydroxymitragynine above 2% of total alkaloid content) or contaminants like fentanyl, heavy metals, or salmonella.
Labeling and Testing: Requires vendors to register with the state, provide third-party lab certificates verifying product purity, and label products with alkaloid content and safe consumption instructions.
Penalties: Violators face fines up to $500 for first offenses and $10,000 for subsequent violations, ensuring compliance.

HB 1097 aims to protect consumers from unsafe products, as highlighted by Mac Haddow of the AKA: “The manufacturer has to provide a certificate of analysis from an independent third-party laboratory that documents the product is compliant with the law”. This law has removed non-compliant products from Texas shelves, fostering a safer market.

Senate Bill 1868 (SB 1868)

Introduced in 2025, SB 1868 proposes adding kratom and its compounds (mitragynine and 7-hydroxymitragynine) to Penalty Group 1 of the Texas Controlled Substances Act (Tex. Health & Safety Code § 481.102). If passed, this would:

Ban Kratom Statewide: Make it illegal to buy, sell, possess, or distribute kratom, with penalties including felony charges, fines up to $50,000, and up to seven years in prison.
Impact Businesses: Threaten vendors, particularly small businesses in Austin and Dallas, with significant financial losses.
Override HB 1097: Nullify existing regulations, criminalizing all kratom-related activities.

The bill, supported by figures like Dr. Rodney Young of Texas Tech University Health Science Center, cites health risks such as contamination, overuse, and side effects like nausea, heart palpitations, and muscle protein breakdown. However, the AKA and local advocates argue that responsible use and regulation, as per HB 1097, better serve public safety. As of June 2025, SB 1868 remains under review, with significant opposition from kratom users and businesses. Updates can be tracked via capitol.texas.gov or protectkratom.org.

Federal Context Impacting Texas

At the federal level, kratom is unscheduled under the Controlled Substances Act, meaning it is legal absent state or local bans. However, federal agencies influence Texas’s kratom market:

FDA Oversight: The FDA considers kratom an “unsafe food additive” under 21 U.S.C. § 342, warning against its use due to risks like liver toxicity, seizures, and substance use disorder. In 2022, the FDA linked kratom to over 800 deaths nationwide, though most involved polydrug use. Import Alert 54-15 allows seizure of kratom shipments, impacting Texas vendors.
DEA Monitoring: The DEA lists kratom as a “drug of concern” but has not scheduled it since the 2016 withdrawal. CDC data from 2022 reported 846 kratom-related deaths, with 56 solely mitragynine-related.
Federal KCPA: Proposed in 2021 and 2023, a federal Kratom Consumer Protection Act would regulate kratom as a dietary supplement, but it has not passed, leaving states like Texas to set their own rules.

Texas’s HB 1097 aligns with federal safety concerns while avoiding a total ban, but SB 1868 could shift the state toward stricter federal-style scrutiny.

Health and Safety Concerns About Kratom in Texas

Kratom’s popularity in Texas, with an estimated 11–13 million U.S. users in 2023, drives regulatory debates. Key health concerns include:

Addiction and Dependence: Kratom can lead to substance use disorder, with withdrawal symptoms like anxiety and cravings, per Mayo Clinic (2024).
Organ Damage: High doses are linked to liver toxicity, kidney failure, and respiratory depression, treated at Texas hospitals like Houston Methodist or Parkland Health.
Overdose Risks: The CDC reported 846 kratom-related deaths in 2022, often involving polydrug use, with an estimated 4,100 deaths from 2020–2022 (Washington Post, 2023). Symptoms include drowsiness, respiratory depression, and hallucinations.
Contamination: Unregulated products before HB 1097 risked containing fentanyl, salmonella, or heavy metals, as flagged by the FDA in 2019. HB 1097’s testing requirements mitigate this.
Side Effects: About 20% of users report mild side effects like headaches, nausea, or insomnia, with rare cases of seizures or deaths, per Dr. Katherine Cunningham of UT Medical Branch.

These risks, coupled with Texas’s large population (nearly 30 million), underscore the need for HB 1097’s regulations, though SB 1868’s potential ban threatens access.

Advocacy and Public Sentiment About Kratom

The American Kratom Association (AKA) is a leading advocate for keeping kratom legal in Texas:

Advocacy Efforts: The AKA lobbied for HB 1097 and opposes SB 1868, promoting regulation over bans. Its website, protectkratom.org, encourages Texans to contact representatives to preserve access.
Public Campaigns: In 2014 and 2025, AKA-led efforts blocked ban proposals, emphasizing kratom’s benefits for pain and opioid withdrawal. A 2024 Dallas News report highlighted concerns about synthetic 7-hydroxymitragynine products, prompting AKA calls for stricter enforcement of HB 1097.
Consumer Support: Texas users, particularly in Austin and Houston, value kratom as a natural alternative to opioids, with 1.7 million Americans reporting use in 2021 (SAMHSA, 2021).

Public sentiment on X reflects confusion and division. Some users mistakenly believe kratom is banned or tied to other substances like marijuana, with one claiming, “It’s already legal in Texas and has been for a while”, while others fear SB 1868’s impact, noting Governor Abbott’s role in blocking a ban. These posts are inconclusive but highlight the need for accurate information.

Purchasing Kratom in Texas

With kratom legal under HB 1097, Texans can purchase it from various sources, but compliance with regulations is critical:

Local Retail: Available at vape shops, smoke shops, and health stores in Austin, Dallas, Houston, and San Antonio. Examples include Cloud 9 Smoke Shop in Dallas, though some stores were found selling non-compliant 7-hydroxymitragynine products in 2024.
Online Vendors: Preferred for quality, variety (e.g., Red Bali, Maeng Da), and lab-tested products. Vendors like Choice Botanicals, K-Tropix, and Professor Whyte’s offer HB 1097-compliant products with third-party testing.
Safety Tips:
- Choose AKA-certified vendors or those with lab results for alkaloid content and contaminants.
- Verify compliance with HB 1097’s 2% 7-hydroxymitragynine limit and labeling requirements.
- Avoid gas station or convenience store products, which may be adulterated.
- Start with low doses (1–2 grams) and consult healthcare providers, especially if combining with medications.

Implications for Kratom Lawsuits in Texas

Kratom’s regulated but evolving status in Texas creates potential for lawsuits, particularly for harms from non-compliant products:

Product Liability: Under Texas product liability law (Tex. Civ. Prac. & Rem. Code § 82.001), vendors or manufacturers could face claims for defective or adulterated kratom causing harm, such as liver damage or overdose. Evidence like lab tests, medical records, and FDA warnings (2019, 2022) is critical.
Wrongful Death: Families of deceased users may file claims under Texas’s Wrongful Death Act (Tex. Civ. Prac. & Rem. Code § 71.002), alleging failure to warn or defective products. Texas’s two-year statute of limitations applies (Tex. Civ. Prac. & Rem. Code § 16.003). A Texas kratom wrongful death lawyer can help.
Class Actions: If widespread contamination (e.g., fentanyl) is proven, class actions could consolidate claims, similar to Zantac litigation. Our Kratom Lawsuit Attorneys can guide related product liability cases, though Texas-based attorneys with kratom expertise are recommended.
Challenges: Proving causation is complex due to polydrug use in many overdoses. Robust evidence, including autopsy reports and toxicology analyses, is essential to counter comparative negligence defenses (Tex. Civ. Prac. & Rem. Code § 33.001).

Practical Advice for Texas Residents

Stay Informed: Monitor SB 1868’s status via capitol.texas.gov or aka.org, as a ban could take effect by late 2025.
Buy Safely: Purchase from HB 1097-compliant vendors like K-Tropix or Choice Botanicals, ensuring lab-tested products.
Advocate: Support AKA campaigns at protectkratom.org to oppose SB 1868 and promote regulation, contacting legislators in Austin.
Report Adverse Effects: Use the FDA’s MedWatch program to report issues, contributing to safety data.
Consult Professionals: Discuss kratom use with healthcare providers at facilities like UT Medical Branch or Baylor Scott & White to manage risks.

Future Outlook on Kratom Legality in Texas

Kratom’s future in Texas depends on legislative and public health developments:

SB 1868 Outcome: If passed, a ban could criminalize kratom by late 2025, impacting users and businesses. Strong AKA opposition may block it, as in 2014.
Further Regulation: Texas could strengthen HB 1097 with stricter testing or age limits (e.g., 21+), following states like Tennessee.
Federal Influence: A federal KCPA or DEA scheduling could override Texas laws, affecting availability.
Public Health: Rising overdoses (846 in 2022) or contamination incidents could push legislators toward a ban, especially if Texas hospitals report increased cases.

Conclusion

As of June 2025, kratom is legal in Texas under the Texas Kratom Consumer Health and Safety Protection Act (HB 1097), which regulates sales to ensure safety for adults over 18. Residents in Austin, Dallas, Houston, and beyond can buy, possess, and use kratom, but Senate Bill 1868 threatens a potential ban by classifying it as a Schedule I substance. Advocacy from the American Kratom Association and consumers emphasizes regulation over prohibition, citing kratom’s benefits for pain and opioid withdrawal. Texans must stay vigilant, purchase from compliant vendors, and monitor legislative changes to protect access.

For those harmed by kratom, such as through contaminated products or overdoses, legal recourse is available under Texas product liability and wrongful death laws. Our Texas kratom Lawsuit Attorneys can provide guidance on similar product liability claims, though consulting a Texas attorney with kratom expertise is advised. Fill out our secure contact form today to explore your legal options and navigate Texas’s evolving kratom landscape.