Chat with us, powered by LiveChat

The Texas Kratom Consumer Act

A man celebrates on a river in Texas by taking kratom now that kratom is legal under the Texas Kratom Consumer Act

On April 30, 2021, the Texas House of Representatives passed HB-1097, otherwise known as the Texas Kratom Consumer Act. On May 20, the Texas Senate Committee on Health & Human Services unanimously approved HB-1097, a win for kratom legality. Why? Because the Texas Kratom Consumer Act protects kratom products, kratom users, and kratom processors.

But it does more than that. HB-1097 shows the changing tides in the perception of the kratom industry. Texas has set an example for the rest of the country, both state and federal governments alike. Kratom is here to stay. Legislation like HB-1097 proves just that.

But there are still some questions that need to be answered about the Texas Kratom Consumer Act. How will it change buying kratom in Texas? What does it mean for kratom vendors like Kratom Spot? Will it affect how you purchase kratom outside of Texas?

Let’s explore the Texas Kratom Consumer Act and determine how this Act will influence the entire kratom industry nationwide.

What’s in HB-1097?

The Texas Kratom Consumer Act deals with the “Manufacture, distribution, and sale of kratom products.” In short, it outlines new kratom legality guidelines within the state of Texas. It also defines a variety of terms in the eyes of the law. Let’s examine HB-1097 section-by-section.

Kratom Definitions (HB-1097 Section 444.001)

“Kratom” here is defined as “any part of the leaf of the plant Mitragyna speciosa.” As ardent kratom users will tell you, the Mitragyna speciosa tree is also known as the kratom tree. The leaves of the kratom tree are dried and ground into the kratom products you know and love.

A “Kratom processor” is defined as an individual or institution who:

  1. Manufactures, prepares, distributes, or maintains kratom products for sale.
  2. Advertises, represents, or holds oneself out as a seller, preparer, or manufacturer of kratom products.
  3. Is responsible for ensuring the purity and proper labeling of kratom products.
  4. Packages or labels kratom products.

Under this definition, Kratom Spot is considered a kratom processor. We manufacture, prepare, distribute, and maintain kratom products. We are also responsible for advertising our kratom products, ensuring that our products meet a superior quality threshold, and guaranteeing that these products are properly labeled.

“Kratom products” are defined as “a food, including an extract, capsule, or pill, containing any form of kratom.” This is perhaps one of the most important definitions found within HB-1097. Why? Kratom is a stigmatized product. Processors are often met with tricky advertising restrictions. Some manufacturers even put “not for human consumption” on their kratom products, a mischaracterization of kratom in general. Texas is saying enough and calling kratom what it is.

Kratom Products Now Require Labeling (HB-1097 Section 444.002)

We’ve said it for years: kratom products should REQUIRE proper labeling. We already label all of our products for accurate dosage, quality control batch numbers, and more. However, Texas takes a stand with the Texas Kratom Consumer Act: they now require serving size on kratom products.

This is incredibly important. Up until now, kratom processors and retailers could not offer serving suggestions to consumers. Now, kratom products are only legal in Texas if they include accurate serving sizes. We believe this should be applied universally across the entire kratom industry as it benefits the consumer more than anyone else. It’s asinine, and quite frankly irresponsible that the FDA has not required this on a federal level.

Great job, Texas!

Anti-Contamination Kratom Laws (HB-1097 Section 444.003)

This one seems obvious, but it’s important to put common-sense kratom legislation out in the open. This section of the Texas Kratom Consumer Act states that a kratom processor or retailer may NOT “prepare, distribute, sell, or offer to sell a kratom product” that meets at least one of the following criteria:

  1. Products adulterated with dangerous, non-kratom substances that affect the quality or strength of the product. HB-1097 clarifies that adulterants cannot be “injurious to a consumer,” no matter what.
  2. Products contaminated with a poisonous, non-kratom substance. This includes any substance designated as a controlled substance under the Texas Controlled Substances Act.
  3. Products that contain more than 2% of 7-hydroxymitragynine alkaloids, one of the two most prominent kratom alkaloids.
  4. Products that contain ANY synthetic alkaloids. This includes synthetic forms of traditional kratom alkaloids. In short: Texas kratom products are now required to contain 100% natural kratom alkaloids.

Kratom Cannot Be Sold to Minors (HB-1097 Section 444.004)

This section is also straightforward. It states: “A person may not distribute, sell, or expose for sale a kratom product to someone who is younger than 18 years of age.”

Civil Penalties for Violating HB-1097 (HB-1097 Section 444.005)

This section states the penalties for violating the kratom laws mentioned above. Put simply, violation of these laws incurs a civil, monetary penalty. For your first violation, you will be fined $250. Your second violation brings about a $500 civil penalty. For all subsequent violations, you’re looking at $1000 fines EACH DAY you do not get yourself in-line with the law.

What to Make of the Texas Kratom Consumer Act

Overall, we think the Texas Kratom Consumer Act is a step in the right direction. HB-1097 will take effect and become law on September 1, 2021. We’ll see the positive benefit of comprehensive kratom legality in Texas soon after.

But will these benefits apply to the kratom industry at large? It’s too early to say. We think that every state should pass their own version of the Kratom Consumer Protection Act, a movement started by the American Kratom Association (AKA). Kratom Spot is already partnered with the AKA, receiving their stamp of GMP compliance. However, the AKA has championed kratom consumer bills nationwide, helping lead the charge against anti-kratom government organizations and bringing kratom laws into the modern political fold.

As we mentioned above, the Texas Kratom Consumer Act includes a variety of necessary laws that ensure the future safety of the kratom industry. On a federal level, kratom products do NOT even require third-party lab testing to guarantee that what you’re taking is actually kratom. This is ridiculous. On September 1, 2021, the Texas Kratom Consumer Act will say no more. Let’s take this mentality and apply it nationwide.