Is Kratom Legal in Texas? 7-OH Limits and Age Rules (2026)

Kratom is not listed as a controlled substance in Texas. The Texas Kratom Consumer Health and Safety Protection Act, now Chapter 445 of the Health and Safety Code (formerly Chapter 444), regulates kratom products as food: it makes selling to anyone under 18 a Class C misdemeanor (Section 445.004), requires labels, and bars any product whose 7-hydroxymitragynine (7-OH) is greater than two percent of its overall alkaloid composition or that contains synthetic alkaloids (Section 445.003). For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state law: Health and Safety Code Chapter 445 (the Texas Kratom Consumer Health and Safety Protection Act, Sections 445.001 to 445.007), Section 161.0876 (e-cigarette products), the controlled substance analogue rule in Section 481.106, and the status of 2025 kratom legislation, with one paragraph on federal law. It does not cover city or county ordinances, workplace or school policies, military rules, or other states' laws.

Is kratom legal in Texas?

Texas regulates kratom rather than scheduling it. Kratom leaf, mitragynine and 7-OH are not listed in the Texas Controlled Substances Act, Chapter 481 of the Health and Safety Code. The Texas statutes name kratom in two places: the kratom chapter (Chapter 445) and the e-cigarette product rule in Section 161.0876, covered below.

Chapter 445 does three main things. It sets a minimum age of 18 for sales, it requires processors to label every kratom product, and it bars four kinds of product from sale, including high-7-OH and synthetic products. The legislature passed it as S.B. 497 in 2023, and it took effect on September 1, 2023.

The chapter is aimed at the businesses that make and sell kratom products. Its labeling and product duties fall on "kratom processors" and "kratom retailers," and its one criminal offense, in Section 445.004, covers selling or distributing to a minor. The chapter does not make possession an offense.

What Texas law treats as kratom

Section 445.001 defines the terms that control the rest of the chapter. The definitions apply within Chapter 445.

"(2) 'Kratom' means any part of the leaf of the plant Mitragyna speciosa. ... (4) 'Kratom product' means a food, including an extract, capsule, or pill, containing any form of kratom." (Tex. Health & Safety Code 445.001)

A "kratom processor" includes a person who manufactures, prepares, distributes or maintains kratom products for sale. A "kratom retailer" is a kratom processor who sells kratom products to consumers or holds itself out as a person who does. Section 445.006 says Chapter 445's penalties are in addition to any others the law prescribes, including those under Chapters 431 and 481.

Is 7-OH legal in Texas?

7-hydroxymitragynine is not listed by name in the Texas Controlled Substances Act, but Texas caps how much of it a kratom product may contain and bans synthetic forms outright. Section 445.003 lists four kinds of product that a processor or retailer may not sell:

"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." (Tex. Health & Safety Code 445.003)

The 7-OH limit is a ratio, not a weight limit. It compares the 7-OH in the product's alkaloid fraction to the product's overall alkaloid composition, and a product over two percent may not be sold. The synthetic-alkaloid ban in subdivision (4) has no percentage threshold: a product that contains any synthetic alkaloid, including synthetic 7-OH, may not be sold.

So the answer depends on the compound. A kratom leaf product within the cap is a regulated food. A product with 7-OH above two percent of its alkaloids, or with synthetic 7-OH in any amount, is a prohibited product under Section 445.003.

Texas also has a controlled substance analogue rule. Under Health and Safety Code 481.106, Penalty Groups 1, 1-A, 1-B, 2 and 2-A include an analogue that has a chemical structure substantially similar to a listed substance or is specifically designed to produce an effect substantially similar to, or greater than, one. No Texas statute or court decision cited here applies that rule to 7-OH, but a prosecutor could argue that it reaches a synthetic or semi-synthetic 7-OH product.

Sales rules: age, labels and prohibited products

Texas sets its kratom age at 18. Section 445.004 makes it an offense to distribute, sell or expose for sale a kratom product to an individual younger than 18, and Chapter 445 sets no higher age.

Section 445.007 (enacted as Section 444.007) gives rulemaking authority: "The executive commissioner may adopt rules consistent with this chapter as necessary to ensure the safe consumption and distribution of kratom and kratom products." This page covers the statute; it does not cover any rule adopted under that authority.

Penalties for violating the Texas kratom law

Chapter 445 uses two kinds of penalty: a criminal offense for sales to minors and civil penalties for violations of the chapter. A separate statute makes kratom vape products a criminal offense.

Under Section 445.005(c), a kratom retailer is not liable for a civil penalty for a labeling or prohibited-product violation if it proves by a preponderance of the evidence that the violation was unintentional and due to its good faith reliance on the representation of another kratom processor.

Section 445.005(d) lets the attorney general, or the district or county attorney for the county or the municipal attorney for the municipality where the violation is alleged to have occurred, sue to recover the civil penalty. Section 445.006 adds that these penalties are in addition to any others the law prescribes, including penalties under Chapter 431 and Chapter 481 (the Texas Controlled Substances Act).

Kratom vapes and e-cigarette products

Texas treats vaporized kratom products under its e-cigarette law, not the kratom chapter. Section 161.0876(b) makes it an offense to market, advertise, sell, offer for sale, or cause to be sold an e-cigarette product "(4) that contains, is mixed with, or is marketed as containing or being mixed with any cannabinoids, alcohol, kratom, kava, mushrooms, tianeptine, or any derivatives of those substances." Under subsection (c), the offense is a Class A misdemeanor.

The statute defines an e-cigarette product as a consumable liquid or material that is aerosolized or vaporized in an electronic cigarette. H.B. 4758 created Section 161.0876 effective January 1, 2024, covering only nicotine products. The kratom provision in subdivision (b)(4) and the Class A penalty were added by S.B. 2024 (2025), effective September 1, 2025, and apply to offenses committed on or after that date.

Enforcement and state health warnings

The Texas Attorney General enforces the Act through civil suits. In a news release dated February 9, 2026, the Attorney General announced a lawsuit against a Midlothian kratom retailer, alleging products with 7-OH at 86% to 96% of total alkaloid content against the two percent maximum, and said the suit seeks relief under the Texas Deceptive Trade Practices Act and other statutes. In a news release dated April 21, 2026, the Attorney General announced a lawsuit against two California-based online kratom retailers, alleging they sold synthetic kratom products and adulterated products "that are up to 96% 7-hydroxymitragynine," which the release calls "nearly fifty times the legal limit allowed under Texas law." The releases announce filings; their statements are allegations, not court rulings.

The Texas Department of State Health Services (DSHS) issued a health alert on September 2, 2025 warning people not to use products containing 7-OH. DSHS reported that, as of August 27, 2025, the Texas Poison Center Network had received 192 reports of exposures involving kratom or another product containing 7-OH in 2025, compared with 107 for all of 2024 and 122 for all of 2023.

Recent changes to Texas kratom law (2023 to 2026)

• September 1, 2023: S.B. 497 (88th Legislature) took effect, creating the Texas Kratom Consumer Health and Safety Protection Act as Health and Safety Code Chapter 444.
• January 1, 2024: H.B. 4758 created Section 161.0876, an e-cigarette offense that then covered only nicotine products sold in containers with certain imagery, such as cartoon-like characters, and was a Class B misdemeanor.
• April 28, 2025: S.B. 1868 (89th Legislature), captioned as "relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty," was out of Senate committee and was referred to the House Public Health Committee. That referral is its last action, and the bill did not become law. A bill with the same caption, H.B. 227, was filed in the second called session on August 18, 2025 and also did not become law.
• September 1, 2025: H.B. 1620 redesignated the kratom chapter from Chapter 444 to Chapter 445 and renumbered the cross-references in the civil-penalty section. Older articles that cite "Chapter 444" refer to the same act. S.B. 2024 amended Section 161.0876 on the same date to add the ban on e-cigarette products that contain or are marketed as containing kratom, and made the offense a Class A misdemeanor.
• 2026: The Attorney General announced suits against kratom sellers over 7-OH levels and synthetic alkaloids (releases dated February 9, 2026 and April 21, 2026).

Federal kratom status

Federal law is a separate layer, and it is still moving. In the October 6, 2026 version of 21 CFR 1308.11, kratom leaf, mitragynine and 7-OH are not listed; a DEA temporary order effective August 26, 2026 placed only three semi-synthetic compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) in Schedule I. Two new DEA notices of intent, both filed for public inspection on October 9, 2026 and scheduled for publication in the Federal Register on October 14, 2026, would change that. The first (FR Doc. 2026-20943) would temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I only when either one, or both combined, is above a threshold: more than 1 mg per gram for solid forms or 1 mg per milliliter for liquids, or a product in which the mass of mitragynine divided by the mass of those compounds is less than 100. That notice states that DEA is withdrawing its July 2026 notice of intent on 7-OH (91 FR 40917) in a separate document. The second (FR Doc. 2026-20942) would issue a new temporary order keeping MGM-15 and MGM-16 in Schedule I without change, for the technical purpose of separating them from mitragynine pseudoindoxyl. A notice of intent is not an order, and DEA says neither new temporary order will be issued before 30 days after the notices are published. The August 26, 2026 order remains in effect until it expires or the new temporary orders replace it, whichever comes first. The 7-OH threshold in FR Doc. 2026-20943 is measured differently from the Texas alkaloid-share cap. Texas law can follow a federal order. Under Health and Safety Code 481.034(g), once a 30-day period passes after the Federal Register publishes a final order designating a substance, the DSHS commissioner "similarly shall designate" it in the Texas schedules unless the commissioner objects. A substance in a Texas schedule but not in a penalty group falls under Section 481.119: possession is a Class B misdemeanor, and manufacture, delivery or possession with intent to deliver is a Class A misdemeanor for a first offense. As of October 12, 2026, the Texas schedule actions posted by DSHS include no order on mitragynine pseudoindoxyl, MGM-15, MGM-16 or 7-OH. DSHS has issued Texas orders temporarily placing substances in Schedule I, for example N-pyrrolidino metonitazene and N-pyrrolidino protonitazene (effective April 3, 2026, 51 TexReg 1755), so a Texas order covering mitragynine pseudoindoxyl, MGM-15 and MGM-16 may also follow. The FDA's position is that kratom is not lawfully marketed as a drug product, a dietary supplement or a food additive in conventional food. The kratom laws by state hub covers the federal layer in full.

Driving and criminal records

Texas defines "intoxicated" to include not having the normal use of mental or physical faculties because of "alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body" (Penal Code 49.01(2)(A)), so the intoxication offenses are not limited to alcohol. See Texas DWI laws for those offenses and penalties.

A conviction for a Section 445.004 or Section 161.0876 offense is a criminal record. Whether and when it can be cleared is covered in Texas expunction and record sealing laws.

Related

• Kratom laws by state
• Are magic mushrooms legal in Texas? Psilocybin laws
• Texas DWI laws
• Texas expunction and record sealing laws

Disclaimer: This article presents general legal information about Texas state law as of 2026-10-11. It is not legal advice. For a specific situation, contact a lawyer licensed in Texas or the relevant Texas agency.

Last updated: 2026-10-12.

Frequently Asked Questions

Is kratom legal in Texas?

Kratom is not listed as a controlled substance in Texas. It is regulated as a food product under Health and Safety Code Chapter 445, which sets an 18 minimum sales age, requires labels and bans adulterated products, high-7-OH products and synthetic alkaloids.

Is 7-OH illegal in Texas?

7-hydroxymitragynine is not listed by name in the Texas Controlled Substances Act (although the analogue rule in Section 481.106 could be argued to reach synthetic 7-OH products), but Section 445.003 bars selling a kratom product whose 7-OH is greater than two percent of its overall alkaloid composition, or any product with synthetic 7-OH or other synthetic alkaloids.

How old do you have to be to buy kratom in Texas?

Texas law makes it a Class C misdemeanor to sell, distribute or expose for sale a kratom product to anyone younger than 18 (Health and Safety Code 445.004). State law does not set a 21 minimum.

What is the penalty for violating the Texas kratom law?

Section 445.005 sets civil penalties of $250 for a first violation, $500 for a second and $1,000 for each later violation, with each day a separate violation. The attorney general or a local district, county or municipal attorney may sue to recover them.

Is kratom chapter 444 or 445 in Texas?

Both numbers refer to the same act. S.B. 497 enacted it as Chapter 444 in 2023, and H.B. 1620 redesignated it Chapter 445 effective September 1, 2025.

Can stores sell kratom vapes in Texas?

No. Section 161.0876 makes it a Class A misdemeanor to market, advertise or sell an e-cigarette product that contains, or is marketed as containing, kratom.

Did Texas ban kratom in 2025?

No. S.B. 1868, the 2025 bill that would have added substances to the Texas Controlled Substances Act and created kratom offenses, was referred to the House Public Health Committee on April 28, 2025 and did not become law. A bill with the same caption, H.B. 227, was filed in the second called session on August 18, 2025 and also did not become law.

Is kratom federally illegal?

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 eCFR. A DEA temporary order effective August 26, 2026 placed three semi-synthetic kratom-related compounds in Schedule I. DEA's two new notices of intent (FR Docs. 2026-20943 and 2026-20942), scheduled for Federal Register publication on October 14, 2026, would set a threshold for 7-OH and mitragynine pseudoindoxyl and keep MGM-15 and MGM-16 in Schedule I; the 7-OH notice states that DEA is withdrawing its July 2026 7-OH notice. A notice of intent is not an order.