Is Kratom Legal in Texas?
In Texas, controlled substances are classified into penalty groups, and each group has its own set of penalties. Common penalty groups include Penalty Group 1 (containing substances like cocaine, heroin, and methamphetamine) and Penalty Group 2 (containing substances like MDMA and hallucinogens).
The penalties for drug possession in Texas typically include fines, probation, mandatory drug education programs, and imprisonment. The severity of the penalties depends on factors such as the specific drug, the amount possessed, and any prior criminal history. Additionally, certain drug offenses may result in felony charges.
In Texas, the possession of 2 ounces or less of marijuana is classified as a Class B misdemeanor, punishable by a maximum of 180 days in jail and a fine of up to $2,000. If the possession involves an amount ranging from 2 to 4 ounces, it is categorized as a Class A misdemeanor, carrying potential penalties of up to 1 year in jail and a fine of up to $4,000. These penalties are outlined based on the quantity of marijuana in possession, reflecting the state's legal framework concerning marijuana-related offenses.
Kratom, however, is not on the list of controlled substances in Texas.
The Texas Kratom Consumer Health and Safety Protection Act was signed into law by Governor Greg Abbott on May 5, 2023. Therefore, kratom is not only legal in Texas, but regulated.
The law states that kratom retailers are only permitted to sell properly labeled kratom products. It mandates that kratom processors label each kratom product with directions to ensure safe consumer use, including recommended serving sizes.
The law also prohibits the preparation, distribution, sale, or offering for sale of kratom products that are adulterated, contaminated, or contain certain substances, including synthetic alkaloids. The amount of the 7-hydroxymitragynine alkaloid allowed in any product cannot exceed 2% of alkaloids.
Under this law, Texas considers it a Class C misdemeanor to distribute, sell, or expose for sale a kratom product to an individual under 18 years of age.