The Lone Star State prides itself in being bravely independent, yet proudly American. And Texans want their rights protected. That extends to the right to seek out, purchase, and use botanical treatments for at-home wellness care. Texas lawmakers take a broad, consumer-protection approach to regulating the sometimes controversial botanical known as Kratom.
Here at Kats Botanicals, we are proud to serve Texas with our comprehensive selection of nature’s best botanicals – like Kava, CBD, and yes, Kratom!
WHAT IS A KRATOM PRODUCT?
Kratom is derived from a tropical evergreen plant, Mitragyna speciosa, that’s related to the coffee plant. More commonly known as Kratom, some products are labeled by its main alkaloid Mitragynine (MIT). Kratom comes in powder form, in powder-packed capsules, in gummy form, drink mixes, and in liquid Kratom shots made from Mitragynine extracts.
The powerful potential of this botanical is due to the combination of Mitragynine, 7-Hydroxymitragynine, and other active alkaloids which work in the body to produce either motivational or relaxing effects, depending on the type of Kratom and the dosage used. This duality makes Kratom a popular choice for people seeking natural supplements to enhance their well-being and physical vitality.
FEDERAL LEGAL VS STATE LEGAL STATUS OF KRATOM
Here’s where the controversy comes into play; Kratom is a substance that can be misused or overused, and since it’s largely unregulated, consumers can be subjected to impure, laced, or low-quality products. The need for widespread transparency in Kratom production, combined with a consumer base that’s largely unfamiliar with the substance, creates legal issues at both the state and federal levels.
At this time Kratom is not banned in the US (although some other countries have banned the substance). Since the US has state laws as well as federal laws, each state has its own lawmakers who seek to protect their constituents by creating protective governance of Kratom and its derivatives. Some states have banned Kratom altogether: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. (Click here to see if Kratom is legal where you live.)
This poses the question to potential Texas Kratom consumers – is Kratom legal here in Texas?
Short answer = YES! (If you are over the age of 18.)
The longer answer = Kratom is legal in Texas as of 2024, but the future of Kratom legislation in the state is both uncertain and ever-changing.
Let’s take a closer look at how Texas regulates Kratom.
IS KRATOM LEGAL IN TEXAS?
Yes, Kratom is legal in Texas.
Here’s what that means:
In Texas, you are allowed by state law to buy, sell, use, transport, produce, sell, or ship Kratom powders, Kratom capsules, Kratom extracts, and other Kratom products as long as you are over the age of 18 and you adhere to federal laws, or state laws if you cross borders or ship out of Texas.
Yes, this means you can buy Kratom online from Kats Botanicals and enjoy fast (sometimes FREE) shipping on your orders! Our products adhere to the most stringent consumer-protection standards recognized by the American Kratom Association and adhere to rigid cGMP standards put in place for your safety.
WHY ARE TEXAS LAWMAKERS CONCERNED ABOUT KRATOM REGULATION?
Kratom’s popularity is growing faster than medical science can pump out medical studies on the botanical’s use. This makes lawmakers wary of its safety. To err on the side of consumer rights, Texas lawmakers choose a consumer-centric approach to Kratom.
Here’s what that means:
- Protecting the rights of consumers to make up their own minds about taking the natural supplement.
- Protecting those same consumers from predatory companies who mishandle, mislabel, or misrepresent their products to consumers.
- Keeping the sale and distribution of Kratom limited to adults over the age of 18 and putting legal safeguards in place to protect minors.
At this time, the FDA has not approved Kratom to treat any condition or disease, nor for supplemental purposes. This means that Texas legislators may take a cautious approach to Kratom while seeking to protect the rights of their constituents to body autonomy in wellness supplementation.
THE GROWING POPULARITY OF KRATOM IN TEXAS
Just how popular is Kratom in Texas? It’s hard to say how many of them are Texans, but in the US an estimated 11 – 13 million people are using Kratom. (Reports Mac Haddow, Senior Fellow on Public Policy for the American Kratom Association, 2023.) Given its exponential growth in popularity as a potential health and wellness aid, Kratom’s popularity puts it at the forefront of the current legal landscape.
PROTECTING THE RIGHTS OF TEXANS VS KRATOM ADVOCACY
Protecting the rights of Texans is not necessarily the same thing as Kratom advocacy. While lawmakers take a generalized approach, you may feel quite differently about keeping Kratom legal in your state. If you want to express your thoughts to your state’s lawmakers, contact the Representatives of your state.
Furthermore, support only those Kratom vendors who are active with the American Kratom Association and their advocacy to keep Kratom safe and legal for Americans.
PREVENTING CONSUMER HARM BY REGULATING SAFETY
Preventing harm to consumers is an important job for state legislators. This applies whether you want to buy Kratom at a local store or buy Kratom online from a vendor your friend recommended to you. No matter where you buy Kratom, finding Kratom near me that follows the appropriate laws and regulations is always in your best interest.
In Texas, Kratom legislation is rooted in consumer safety and the regulation of businesses to keep their quest for the almighty dollar from becoming your health concern. These regulations work to keep tainted Kratom products off the shelves and out of your body. Further, they aim to protect minors from using Kratom.
CURRENT KRATOM LEGALITY IN TEXAS
Legislative efforts are always ongoing when it comes to the governance of foods, supplements, or other things we put into our bodies. Lawmakers aim to balance your rights to use a substance and the safety and efficacy of the substance for you to use. Here’s how Texas and other states are dialing up the attention on Kratom’s legality.
WHAT IS THE KRATOM CONSUMER PROTECTION ACT (KCPA)?
The Kratom Consumer Protection Act has a threefold legislative purpose:
- Require the FDA to create a task force to address the health and safety of Kratom-derived products
- To protect consumer access to Kratom
- To prohibit the unfair strict regulation of Kratom above what’s done for other dietary supplements
These seven states have passed similar KCPA legislation.
- Utah
- Georgia
- Arizona
- Nevada
- Oregon
- Colorado
- Oklahoma
Texas isn’t on this list, but we’ll detail, below, the two most important pieces of legislation that passed in Texas to protect consumers in an ever-changing and largely unregulated Kratom market.
TEXAS SENATE BILL 497
Texas Senate Bill 497 passed providing legislation to ensure that:
- Kratom vendors are responsible for the purity and proper labeling of their Kratom products
- Proper labeling of Kratom products includes instructions for safe use of the product including the recommended serving size
- All Kratom products are not “adulterated with a dangerous non-kratom substance affecting the quality or strength of the product to a degree that renders the product injurious to a consumer”
- All Kratom products are not “contaminated with a poisonous or otherwise deleterious non-kratom substance, including any substance designated as a controlled substance by Chapter 481 (Texas Controlled Substances Act)”
- All Kratom products contain a level of 7-Hydroxymitragynine in the alkaloid fraction that is less than 2% of the overall composition of the product
- And, to ensure that Kratom products do not contain synthetic alkaloids
This legislature passed and became law on Sept 1, 2023. More details here.
TEXAS HOUSE BILL 861
Texas House Bill 861’s enacted legislation making it a Class C misdemeanor offense to “distribute, sell, or expose for sale” Kratom products to anyone under the age of 18. This legislation created penalties for unethical vendors and store owners who allow or perpetuate the sale of Kratom to minors.
LEARN – ADVOCATE – TEACH
To date, however, some online Kratom vendors still target young people with cartoonish ads. Kratom in the United States can be regulated at the point of sale, but it gets a little muddy when it comes to advertising. This is where parents need to be smart consumers, advocating for Kratom’s use responsibly, educating themselves on its potential uses, and proper dosing. As with any dietary supplement you use, store your Kratom products out of the reach of children and pets.
Know that here at Kat’s Botanicals, we take our responsibility as a reputable Kratom vendor very seriously. We do not sell to minors, nor do we target them with our advertising. We also will not ship to states where Kratom is banned or restricted. Learn more about our policies.
WILL KRATOM REMAIN LEGAL IN THE LONE STAR STATE?
Probably yes, but some strong factors could influence the continued legality of Kratom in Texas.
For one, ongoing research into the benefits and potential risks of using Kratom. The current legal status of Kratom and other botanicals is always stringent on what scientists discover through their ongoing work to understand how plant substances interact with the human body.
Secondly, the legislative landscape plays a role. Voters that want to protect their right to use botanical substances such as Kratom or hemp derivatives like CBD, should know how their elected officials might vote on these matters. (And vote, accordingly!)
BUYING KRATOM IN TEXAS
Since Kratom’s legal in the state of Texas, buying it is as easy as one click. Kats Botanicals is a leader in the Kratom world, offering high-quality Kratom products at affordable prices. Get Maeng Da Kratom, Bali Kratom, one of our Enhanced Kratom strains, or a variety of Kratom capsules – whatever Kratom you want to try, you can find it right here at Kats! The only thing that matches our commitment to purity and potency is our commitment to serving you with excellence!
