Kratom is legal throughout most of the US, and many states are even passing new protections for kratom consumers and vendors alike. But the rules vary by jurisdiction, and kratom users need to know the laws in their area. For example, is kratom legal in Texas? And what is Texas doing that might affect the future of kratom use?
The short answer is, yes, kratom is legal throughout Texas. But it’s not quite that simple.
Texas has a storied history of attempting to regulate kratom, and the future is uncertain for Texas kratom consumers.
In this article, we go over the current legal status of kratom in Texas; then we cover the state’s history of attempting to regulate kratom or otherwise reform their kratom policy. In short, we give you everything you need to know as a kratom consumer before you buy kratom in Texas.
Is Kratom Legal In Texas? State, County, and Local Laws
Kratom is legal in Texas, no matter where you are in the state. Kratom consumers can freely possess, use, and buy kratom in Texas without fear of legal liability.
That’s great news for the 29.2 million people living in the state, all of whom can freely use this potent, natural botanical.
Of course, state and local laws are always subject to change. And as the FDA continues to crack down on kratom at both the state and even international levels, the threat to legal kratom’s future is more real than ever.
Kratom Regulations in Texas: Proposals and History
Though kratom is legal in Texas, several pieces of legislation have been introduced to regulate the sale and use of kratom products throughout the state.
As of yet, there are no proposals to outright ban kratom in Texas. In fact, the proposed Texas legislation aimed to protect kratom consumers by providing greater transparency and holding kratom vendors to higher standards of safety and quality.
Proposed Kratom Legislation in 2021
Two pieces of kratom legislation were proposed in early 2021. The first was filed by a Republican representative; a Democratic senator filed the second.
Both proposed laws were essentially trying to pass a local version of the Kratom Consumer Protection Act. This critical piece of legislation aims to protect kratom users by establishing quality and safety standards that all kratom vendors must adhere to.
These laws would:
- Require that all kratom products carry clear, adequate labels
- Prevent the sale of kratom products that have additives, including potentially dangerous or scheduled substances
- Ensure that only natural, unadulterated kratom is available
- Prohibit the sale of synthetic kratom alkaloids
- Require product potency testing and keep alkaloid levels between certain levels
- Prohibit kratom sale to minors
However, both of these pieces of proposed legislation failed, and kratom remains entirely unregulated throughout Texas.
The Benefits of Kratom Regulation
While laws like the ones proposed in Texas could burden local kratom vendors, they would ultimately improve the industry because natural, untainted kratom would remain legal in Texas. Only tainted, inferior products would have been directly affected.
More importantly, Texas residents would have had greater access to kratom products they know are pure and potent. While kratom remains unregulated, bad actors have the opportunity to sell inferior, even unsafe products.
By ensuring that only reputable kratom vendors with quality, proven products are on the market, legislation like these would protect both kratom consumers and kratom’s future.
Which States Have Banned Kratom?
Kratom is currently legal throughout all of Texas. Unfortunately, however, some states have enacted their own kratom bans. Currently, the states that have outright banned kratom are as follows:
- Alabama classified kratom’s primary alkaloids, mitragynine, and 7-hydroxy-mitragynine, as Schedule I narcotics in May 2016. This likens kratom to substances like ecstasy and heroin, an unjust misclassification.
- Arkansas banned kratom in February of 2016. In 2017, state medical examiners incorrectly stated that kratom’s alkaloids are derived from opium. It is unlikely we’ll see the Arkansas kratom ban lifted soon.
- Indiana outlawed kratom in 2014 but incorrectly listed the botanical as a synthetic cannabinoid. The legislature later amended their language, classifying kratom as a hallucinogenic substance, another misclassification.
- Rhode Island banned kratom’s alkaloids in 2017. Due to public outcry in other states, Rhode Island’s ban occurred in secret, confusing both residents and law officials. The state will vote on a measure to reverse the ban on September 1st, 2021.
- Vermont banned kratom’s alkaloids in 2016, but they were improperly classified as “synthetic drugs.” In January of 2020, lawmakers filed a bill to decriminalize kratom products, but kratom’s future is still uncertain in the state.
- Wisconsin banned kratom’s alkaloids in 2014, incorrectly associating kratom with both synthetic cannabinoids and hallucinogenic drugs. In 2019, lawmakers held informational meetings with the American Kratom Association (AKA), a step in the right direction.
In addition to the states with full kratom bans, several state counties have imposed local bans. These states include California, Illinois, and New Hampshire.
For the rest of the United States, kratom remains a safe, legal, and accessible option for users to buy kratom at their convenience and to take control of their health and wellness.