Is Kratom Legal in Texas? – Latest Legality News 2023

Kratom's journey has been a subject of debate due to various factors. Concerns about its potential for abuse, addiction, and withdrawal symptoms have arisen, although scientific evidence supporting these claims is limited. Additionally, rare instances of kratom overdose have been reported, often attributed to excessive consumption or mixing with other substances. Negative side effects such as nausea, constipation, and dry mouth can also occur. It's important to understand the nuances and risks associated with kratom use.

In the context of Texas, the legality of kratom has evolved over the years, influenced by legislative proposals, public health advisories, and advocacy efforts. In this blog post, we will provide a timeline of kratom's legal status in Texas, offering insights into notable events, proposed bills, and the overall regulatory landscape. By understanding the past and present of kratom legality in Texas, we can gain a better perspective on the rights and prospects of kratom consumers in the Lone Star State.

What is Kratom?

Kratom, scientifically known as Mitragyna speciosa, is a tropical evergreen tree native to Southeast Asia. The leaves of the kratom tree contain active compounds, including alkaloids such as mitragynine and 7-hydroxymitragynine, which interact with opioid receptors in the brain. it exhibits both stimulant and sedative effects and it can be consumed by chewing the fresh leaves, brewing them into tea, or grinding them into a powder.

Kratom has gained popularity as a natural alternative for managing pain, boosting energy, enhancing mood, and alleviating opioid withdrawal symptoms. However, it's important to note that kratom is not regulated by the FDA and can have side effects.

Why is Kratom Controversial?

Kratom's potential for abuse and addiction. Some people believe that kratom can be addictive, and that it can lead to withdrawal symptoms if it is stopped suddenly. However, there is limited scientific evidence to support these claims.
Kratom's potential for overdose. There have been a few reported cases of kratom overdose, but these cases are rare. In most cases, kratom overdose is caused by taking too much kratom at once or by mixing kratom with other drugs.
Kratom's potential for negative side effects. Kratom can cause side effects such as nausea, vomiting, constipation, and dry mouth. In rare cases, kratom can also cause more serious side effects, such as seizures and liver damage.

Kratom Legality in Texas: The Timeline

The timeline of kratom legality in Texas, the analysis of the current situation and future prospects for kratom consumers in the lone star state.

2023: Texas Kratom Consumer Health and Safety Protection Act: Ensuring Safe and Regulated Kratom Usage

SB 497 and HB 861 are bills that would require proper labeling of kratom products with recommended dosage sizes and use instructions, prohibit the preparation, distribution, and sale of kratom products that are adulterated or contaminated by dangerous non-kratom substances, and make it a misdemeanor offense to distribute or sell kratom to a minor (under 18 years old). The bill receives a hearing and a vote in the Public Health Committee and passes with unanimous support. SB 497 passed the Senate. It then moves to the House floor for a final vote and passes with overwhelming majority. Lawmakers sent the Texas Kratom Consumer Health and Safety Protection Act to Gov. Greg Abbott’s desk, and it will go into effect on September 1. Kratom becomes legal and regulated in Texas under the KCPA.

2022: Kratom Landscape in Texas: Monitoring, Warnings, and Advocacy

No new bills are introduced or passed regarding kratom in Texas. However, some local authorities issue warnings or advisories about kratom use or confiscate kratom products from some shops or individuals under suspicion of violating other laws or regulations. Some media outlets report on cases of alleged kratom-related deaths or injuries in Texas or other states. Some advocacy groups continue to educate the public and policymakers about the benefits and safety of kratom and urge them to support its legalization and regulation.

2021: Texas legislature fails to pass the bill to regulate kratom

Texas became one of the states that considered passing the Kratom Consumer Protection Act (KCPA), a bill that was developed by the American Kratom Association (AKA), a non-profit organization that advocates for keeping kratom legal and safe across the country. The KCPA aimed to regulate the sale and production of kratom products in Texas by requiring manufacturers to register their products, provide lab testing results, label their products with consumption instructions, and ensure that their products were pure and free of adulterants or synthetic alkaloids. The KCPA also set an age limit of 18 or over for purchasing or possessing kratom products in Texas.

A bill (HB 4604) is introduced in the Texas House of Representatives by Rep. Stephanie Klick (R-Fort Worth) to enact the KCPA in Texas. The bill is referred to the Public Health Committee but does not receive a hearing or a vote before the end of the legislative session. Unfortunately, the KCPA bill did not succeed in passing through the Texas legislature.

2020: The Impact of the COVID-19 Pandemic on Kratom Supply and Demand in the United States

The COVID-19 pandemic affects the supply chain and demand of kratom in the United States. Some online vendors experience delays or shortages of kratom products due to travel restrictions and border closures. Some local shops close down or limit their operations due to lockdown measures and social distancing guidelines. Some consumers stock up on kratom or switch to online sources due to convenience and safety concerns. Some people use kratom to cope with stress, anxiety, depression, pain, or withdrawal symptoms caused by the pandemic.

2019: Kratom Bans and Regulation: A State-by-State Overview

Six states ban kratom altogether: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. Several other states pass or consider passing the KCPA or similar bills to regulate kratom: Arizona, Georgia, Nevada, Utah, Oregon, Colorado, Mississippi, Louisiana, Ohio, Illinois, New Hampshire, Oklahoma, Kansas, Missouri, Tennessee. Texas does not take any action to ban or regulate kratom at this point.

2018: The AKA Launches the KCPA: Regulating Kratom for Consumer Safety and Rights

The American Kratom Association (AKA), a non-profit organization that advocates for the rights of kratom consumers, launches the Kratom Consumer Protection Act (KCPA), a model legislation that aims to regulate kratom production, distribution, and sale at the state level. The KCPA sets standards for kratom purity, labeling, testing, and age restrictions, as well as penalties for violations. The AKA works with state legislators and local activists to introduce and pass the KCPA in various states across the country.

2017: FDA Issues Public Health Advisory on Kratom: Risks and Concerns

The FDA issues a public health advisory warning about the risks of kratom use, claiming that it has no approved medical uses and is associated with serious side effects, including addiction, withdrawal, seizures, liver damage, and death. The FDA also conducts a scientific analysis of kratom's chemical compounds and concludes that they have opioid-like properties and effects. The FDA advises consumers to avoid using kratom and urges health care professionals to report any adverse events related to kratom to the agency.

2016: DEA withdraws its proposal to ban kratom

The DEA announces its intention to place kratom and its active alkaloids, mitragynine and 7-hydroxymitragynine, under Schedule I of the Controlled Substances Act, which would make it illegal to possess, produce, or sell kratom in the United States. This decision is met with strong opposition from kratom advocates, researchers, lawmakers, and consumers, who argue that kratom has medical benefits and low potential for abuse. The DEA withdraws its proposal after receiving thousands of public comments and a petition signed by over 140,000 people.

2015: Kratom attracts media attention amid opioid crisis

In 2015, Texas was facing a serious opioid crisis, with more people dying from opioid overdoses than from traffic accidents. As a result, many people who were dependent on opioids turned to kratom as a natural alternative to help them cope with their addiction and withdrawal symptoms. However, kratom also attracted media attention and scrutiny from some authorities who claimed that it was a dangerous and addictive substance that should be banned.

The future of kratom legality in Texas

The future of kratom legality in Texas is uncertain and depends on several factors, such as the actions of the federal agencies, the public opinion, the scientific research, and the political will of the state lawmakers. While there is no immediate threat of a kratom ban in Texas, there is also no guarantee that kratom will remain legal and accessible in the state. Therefore, kratom consumers and advocates in Texas should stay informed, vigilant, and proactive in defending their rights and interests.

3 Things to consider before buying kratom in Texas

Be aware of the quality and purity of the kratom products you buy or use. Some kratom products may be contaminated or mislabeled, which can cause adverse effects or even overdose. You should buy kratom from reputable vendors who can provide lab-tested certificates of analysis for their products.
Be careful about how you use kratom and how it affects your behavior and judgment. Driving under the influence of kratom could be dangerous and result in criminal charges if you cause an accident or harm someone else. You should also avoid mixing kratom with other substances, such as alcohol, prescription drugs, or illicit drugs, as this could increase the risk of negative interactions or overdose.
Be aware of the possible changes in the legal status of kratom in Texas in the future. While there have been no attempts to ban kratom in Texas so far, there have been efforts to regulate it and make it safer for consumers.

Conclusion

Kratom is a natural herb that has many potential benefits for people who suffer from chronic pain, opioid dependence, and mood disorders. However, kratom's legal status has been a source of controversy and confusion in many states, including Texas. In this blog post, we have provided a timeline of kratom legality in Texas and explained the current situation and future prospects for kratom consumers in the state.

Kratom may have benefits for some people, but it may also have risks for others. You should consult your doctor before using kratom, especially if you have any medical conditions or take any medications. You should also follow the recommended dosage and frequency of use and monitor your reactions and side effects.

We hope that this information has been helpful and informative for you. If you have any questions or comments, please feel free to share them below.