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Is Kratom Legal in Texas? Lone Star State Senator Inspired to Act

May 19th, 2023BlogNo Comments »

Texas residents are facing difficult questions: is kratom legal in Texas? Will it remain legal from now on? The time has come to discuss the future of kratom legality and where to buy kratom in Texas.

Is Kratom Legal in Texas Right Now?


As of this writing, no laws restrict the marketing, sale, possession, or use of kratom powder. It has been legal for quite some time and will likely remain legal in the future. Nevertheless, Texas lawmakers have strong opinions, and you must familiarize yourself with their agenda.

The legal status of a substance like kratom may be subject to change at any time. Like the wheels of justice, the wheels of government turn slowly. Today’s pig could very well be tomorrow’s bacon. Readers should bear that in mind and pay close attention to kratom’s imminently changing legal status.

image of what you must know about kratom

What You Must Know About Kratom

Kratom derives from the leaves of Mitragyna speciosa, a member of the coffee family of plants. These leaves contain potent alkaloids, which many enjoy for their purported benefits. Tens of thousands of Americans take kratom for potential alleviation.

Texas residents are among those enjoying kratom for its potential invigoration and its soothing properties. Many appreciate its natural exhilaration and inspiration, while others swear by its supposed sharpness. All can agree that it possesses a memorable aroma.

Those who buy kratom face the threat of adverse side effects from potential adulteration or bacteria. Some kratom products contain dangerous synthetic additives, possibly leading to addiction, hospitalization, or death. Bacteria or heavy metals contaminate others.

Kratom regulation may help casual consumers by discouraging illegal distribution. It may also lead a kratom processor to think twice before selling adulterated items. Opinions on kratom policy vary wildly from state to state, but the Lone Star State has long been lenient.

Although the DEA (Drug Enforcement Administration) wants to see this herb banned, many hope to keep it legal in Texas. That includes active policymakers, some of whom have spearheaded new bills designed to address the issue and impose negative consequences.

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The Push to Regulate Kratom

Legislators have been trying and mostly failing to pass legislation prohibiting kratom sales and possession. Some states have banned kratom, while others have banned kratom sales to minors. Kratom consumers continue to push back against these proposed laws with the help of petitions and advocacy groups.

Although some lawmakers will only be content with kratom bans, cooler heads generally prevail. Four states have instituted the Kratom Consumer Protection Act or their variation of the said act—Arizona, Georgia, Nevada, and Utah. Under the KCPA, kratom legality is not under fire.

Rather than ban kratom, the Kratom Consumer Protection Act (KCPA) limits sales to uncontaminated kratom products. Said products must carry labeling, which discloses the percentage of mitragynine and 7-OH (7-hydroxy mitragynine) in each package.

Texas is the latest to adapt the KCPA; new bills introduced in the House and Senate could change kratom legality. If successful, the proposed legislation would protect kratom consumers while putting shady businesses in their place.

Many herbal enthusiasts fear any attempt to regulate kratom, but the bills in question would not equal a kratom ban. Here’s what you need to know:

House Bill 861 and Senate Bill 497 would keep kratom legal in Texas under reasonable conditions.

How Will New Law Change Kratom Legality in Texas?

These new bills would affect positive change in the kratom industry and the Lone Star State if enacted. The proposed statutes would impose an age restriction on kratom sales while calling for proper labeling, instructions, dosages, and warnings.

In addition to the regulations proffered, Bill 497 and Bill 861 would establish fines for those caught peddling adulterated kratom. Repeat offenders face fines of $500 to $1,000 for additional infractions under the proposed law. Retailers may circumvent fines by demonstrating the violations were “due to the kratom retailer’s good faith reliance… another kratom processor.”

In short, the proposed legislation gives retailers and, by extension, kratom manufacturers enough rope to hang themselves. That is good news for compliant companies with appropriate safety measures, but bad news for those who flout the law.

Sen. Judith Zaffirini, a Laredo Democrat, was among the bi-partisan policymakers who filed identical pieces of legislation. Zaffirini suggests she felt inspired to create the bill after hearing from residents who lost loved ones to adulterated kratom.

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How to Support the Future of Kratom

Those aware of its value understand why it is paramount that we do our part to protect it. There are many forms of kratom advocacy in which you can participate. There are Facebook groups and kratom forums where enthusiasts can discuss kratom policy.

You can start a petition in your state discouraging illegal distribution and regulating kratom. While many kratom users have turned their noses up at the Kratom Consumer Protect Act, its effect has been undeniable—the kratom industry has had no choice but to adopt a more transparent approach and improve quality control standards.

Kratom advocacy extends beyond social media to nationwide kratom advocacy groups and grassroots activism. The American Kratom Association, a Virginia-based 501 c(4) non-profit organization, devotes itself to preserving the rights of consumers and educating lawmakers about the science behind kratom.

The American Kratom Association seeks to protect kratom consumers by ensuring public access to unadulterated kratom. Its GMP Standards Program has been its most groundbreaking achievement, a program through which kratom vendors demonstrate their legitimacy.

The GMP (Good Manufacturing Practices) program assesses several aspects of the industry, from manufacturing and proper labeling to packaging and the holding process. Participants must also undergo an annual audit by a trained AKA inspector.

This program has helped many customers seek safer brands, but several kratom vendors continue to sell contaminated kratom products in the United States and elsewhere. Some have even gone so far as to claim they are GMP affiliated without participating in the AKA’s program.

A safety protection act may be disastrous should it attempt to ban kratom use, but regulating kratom needn’t be a negative. Appropriate legislation will aim to maintain consumers’ right to kratom use while making it mandatory for manufacturers to submit kratom products for lab testing.

CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.

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