Kratom is legal and regulated in Texas under Health and Safety Code chapter 444, in effect since September 1, 2023. It caps 7-OH at 2% of alkaloid composition, bans synthetic alkaloids and sets 18 as the sale age. The Attorney General has sued sellers in 2026, including out-of-state online shippers, so wholesale buyers should treat enforcement as active.
Last verified . General information, not legal advice.
What changed recently
- Chapter 444, the Texas Kratom Consumer Health and Safety Protection Act (SB 497), took effect.
- SB 1868, which would have added kratom to Penalty Group 1, passed the Senate 26 to 4 but stalled in a House committee.
- The Attorney General sued Smokey's Paradise over products it alleged were far above the 7-OH limit.
- The Attorney General sued two California online sellers, Pure Leaf Kratom LLC and Outcast Distribution LLC, over sales into Texas.
The Texas rules in detail
Age limit
Selling, distributing or exposing kratom for sale to anyone under 18 is a Class C misdemeanor. Texas does not set a statewide 21 rule in chapter 444. Kratom.One sells to adults 21 and over only, and many retailers adopt 21 anyway because other states and some local rules are stricter.
Labeling
A processor must label each product with the use directions needed for safe use, including a recommended serving size, and a retailer may sell only properly labeled product. Chapter 444 does not set warning text, a per-serving 7-OH declaration or a batch-number rule. Compare that with Colorado, which does.
7-OH, synthetics and contamination
Products with 7-OH above 2% of overall alkaloid composition are unlawful, and so are products made with synthetic alkaloids, including synthetic 7-OH. Chapter 444 also bars products adulterated with dangerous non-kratom substances or contaminated with poisonous or deleterious substances, including Texas Controlled Substances Act substances.
Texas has not scheduled kratom. Texas DSHS publicly warned residents about 7-OH products in 2025, and the Attorney General has pursued sellers whose products were mostly 7-OH.
Testing and licensing
Chapter 444 has no mandatory testing and no kratom license. DSHS says manufacturers, warehouses, wholesalers and retailers remain subject to existing food manufacturer, wholesaler and retail licensing and permit rules unless exempt. Which food category fits a specific wholesale operation is not settled in the sources we reviewed, so ask DSHS or Texas counsel.
Local rules inside Texas
State law is not the whole picture. Cities and counties can add their own rules, and some already have.
- Bridgeport (Wise County). City Council voted 5-0 in August 2025 to ban retail kratom sales within city limits, according to local news. Sales are covered, and no penalty was stated in the source.
Enforcement and penalties
The Attorney General, and district, county or municipal attorneys, can sue for civil penalties of $250 for a first violation, $500 for a second and $1,000 for each later one, with each day counted separately. Retailers have a good-faith reliance defense. The Attorney General’s 2026 suits also pleaded the Deceptive Trade Practices Act. Selling to someone under 18 is a Class C misdemeanor.
Federal context
Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.
Wholesale buyer checklist for Texas
- Verify lot-level lab results show 7-OH at or below 2% of total alkaloids and no synthetic alkaloids.
- Confirm each label gives use directions and a serving size.
- Age-gate at 21 for a B2B program, even though Texas law says 18.
- Ask DSHS Manufactured Foods or Texas counsel which food license category covers your warehouse or wholesale activity.
- Check city ordinances for each ship-to address, starting with Bridgeport.
- Keep records of the lab reports and supplier statements you relied on, since good-faith reliance is a defense.
- Do not ship concentrated or isolated 7-OH products into Texas.
Tell us your products, quantities and ship-to state and we will review the Texas rules against your order before we quote.
Texas kratom law FAQ
Is kratom legal in Texas?
Yes. Chapter 444 of the Health and Safety Code regulates it, and Texas has not added kratom to its controlled substances lists. A 2025 bill to do so passed the Senate but did not pass the House.
What is the minimum age to buy kratom in Texas?
18 under chapter 444, where sale to a minor is a Class C misdemeanor. A B2B program serving retailers in several states usually applies 21.
What is the 7-OH limit in Texas?
7-OH may not exceed 2% of overall alkaloid composition, and synthetic alkaloids including synthetic 7-OH are banned.
Does Texas require a kratom license?
No kratom-specific license. DSHS says existing food manufacturer, wholesaler and retailer licensing rules still apply unless an exemption fits.
What are the penalties for violating the Texas kratom law?
Civil penalties of $250, $500, then $1,000 per violation, counted per day, plus a Class C misdemeanor for sales to minors. The Attorney General has also brought Deceptive Trade Practices Act claims.
Can out-of-state sellers be sued in Texas?
The Attorney General sued two California online sellers over sales into Texas in April 2026. How those cases end is not yet known.
How we verified this page
We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.
- SB 497 enrolled text (88th Legislature)
- Texas DSHS kratom flyer
- Texas Attorney General release, April 21, 2026
- Texas Attorney General release, February 9, 2026
- SB 1868 bill analysis (89th Legislature)
- Federal Register: DEA notice of intent on 7-OH
What we have not confirmed yet
- Whether any 2025 special-session act amended chapter 444, and whether HHSC or DSHS has adopted rules under it.
- The specific food license category for a kratom wholesaler or warehouse.
- The text and penalties of the Bridgeport ordinance, and any other Texas city or county bans.
- Outcomes of the Attorney General's 2026 lawsuits.
Related state pages and guides
- Kratom laws in Oklahoma: Legal, regulated
- Kratom laws in Colorado: Legal, regulated
- Kratom laws in Florida: Legal, regulated (7-OH scheduled)
- All kratom laws by state
- Kratom laws for sellers: state and local rules
- Shipping and returns
- Wholesale kratom FAQ
This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.