Is Kratom (Whole Leaf / Mitragynine) Legal in Texas? (2026)

Instrument

TX KCPA - definitions, 2% 7-OH cap, synthetic ban, age 18, labeling

Source

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.445.htm

Retrieved

2026-07-07

Fingerprint

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Sec. 445.001. DEFINITIONS. (1) "Food" has the meaning assigned by Section 431.002. (2) "Kratom" means any part of the leaf of the plant Mitragyna speciosa. (3) "Kratom processor" means a person who: (A) manufactures, prepares, distributes, or maintains kratom products for sale; (B) advertises, represents, or holds oneself out as a manufacturer, preparer, or seller of kratom products; (C) is responsible for ensuring the purity and proper labeling of kratom products; or (D) packages or labels kratom products. (4) "Kratom product" means a food, including an extract, capsule, or pill, containing any form of kratom. (5) "Kratom retailer" means a kratom processor who sells kratom products to consumers ...
Sec. 445.002. LABEL REQUIRED. (a) A kratom processor shall label each kratom product with the product use directions necessary to ensure safe use ... including the recommended serving size. (b) A kratom retailer may only sell a kratom product that is properly labeled ...
Sec. 445.003. ADULTERATED, CONTAMINATED, AND PROHIBITED KRATOM PRODUCTS. A kratom processor or kratom retailer may not prepare, distribute, sell, or offer to sell a kratom product that: (1) is 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; (2) is 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); (3) contains a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than two percent of the overall alkaloid composition of the product; or (4) contains any synthetic alkaloids, including synthetic 7-hydroxymitragynine and synthetically derived compounds from a kratom plant.
Sec. 445.004. OFFENSE FOR DISTRIBUTION OR SALE OF KRATOM PRODUCT TO MINOR. (a) A person commits an offense if the person distributes, sells, or exposes for sale a kratom product to an individual younger than 18 years of age. (b) An offense under this section is a Class C misdemeanor.
Sec. 445.005 CIVIL PENALTY ($250/$500/$1,000). Sec. 445.006 penalties are in addition to Chapters 431 and 481. Sec. 445.007 rules.