Yes. Kratom is legal in Texas for adults 18 and older, and it has been regulated under a specific state law since September 1, 2023. That law sets rules for labeling, bans adulterated and synthetic products, and limits how much 7-OH a kratom product can contain.
We are a Texas company, based in The Woodlands, so this is the law we operate under every day. Here is what it says, what has changed since it passed, what has not, and how upcoming federal action fits in.
The Texas Kratom Law: SB 497
Texas regulates kratom under the Texas Kratom Consumer Health and Safety Protection Act, passed in 2023 as Senate Bill 497, authored by Sen. Judith Zaffirini. According to the enrolled bill analysis, it added a kratom chapter (Chapter 444) to the Texas Health and Safety Code and took effect September 1, 2023.
The law defines kratom as any part of the leaf of Mitragyna speciosa, and it treats kratom products, including extracts, capsules, and pills, as food under Texas law. Here is what it requires.
Minimum Age: 18
Selling or distributing a kratom product to anyone under 18 is a Class C misdemeanor in Texas. The state minimum is 18, not 21. (Kratom products are intended strictly for individuals 18 years of age or older, or 21+ where required by applicable state law.)
Labeling
Kratom processors must label each product with directions for use, including a recommended serving size. Retailers may sell only products labeled that way.
Prohibited Products
Texas law prohibits preparing, distributing, or selling a kratom product that:
- is adulterated with a dangerous non-kratom substance
- is contaminated with a poisonous or harmful non-kratom substance, including a controlled substance
- contains more than 2 percent 7-hydroxymitragynine (7-OH) of its overall alkaloid composition
- contains any synthetic alkaloid, including synthetic 7-OH
That 2 percent cap is the heart of the law. Natural leaf contains 7-OH only in small amounts, while concentrated 7-OH products are built around it. Our explainer on what 7-OH is covers the difference.
Penalties
Violations carry civil penalties of $250 for a first violation, $500 for a second, and $1,000 for each one after that, with each day of a continuing violation counted separately. The Texas Attorney General or a local prosecutor can sue to recover them. A retailer is not liable for certain violations if it shows it relied in good faith on a processor's representations. These penalties apply in addition to the Texas Food, Drug, and Cosmetic Act and the Texas Controlled Substances Act.
How Texas Enforces It
The state has used the law against sellers of concentrated 7-OH products. In April 2026, the Texas Attorney General sued two out-of-state online retailers, alleging their products contained 7-OH at 86 to 96 percent of total alkaloid content, far above the 2 percent maximum, along with synthetic alkaloids. Earlier in 2026, the office brought a similar case against a North Texas retailer.
The Texas Department of State Health Services also issued a health alert on 7-OH products in September 2025. That alert is advisory. It did not create a new rule or ban.
What Has Not Changed
Kratom gets a lot of attention in Austin, and several bills to tighten the law have been filed. None has passed.
- SB 1868 (2025 regular session) would have raised the minimum age to 21, cut the 7-OH limit to 0.1 percent, and added new testing, product, and location restrictions. It passed the Senate but died in the House.
- Special session bills (2025) with similar provisions were filed during both summer special sessions and did not advance.
As of October 2026, the 2023 law remains the rule. The Texas Legislature next meets in regular session in January 2027, and new kratom bills can be filed starting in November, so expect this debate to return.
How Federal Action Fits In
Federal law applies in Texas on top of state law. On October 14, 2026, the DEA published a notice of intent to temporarily place 7-OH and MGPI in Schedule I when a product exceeds either of two tests: more than 1 milligram per gram, or a mitragynine-to-7-OH ratio below 100. The order can be published no earlier than November 13, 2026.
The federal test is not the same as the Texas test. Texas measures 7-OH as a share of total alkaloids, capped at 2 percent. The federal ratio test compares 7-OH to mitragynine alone and requires at least 100 times more mitragynine. A product could meet one standard and not the other, so once the federal order takes effect, sellers in Texas will need to meet both. We explain the federal test in detail in HHS and DEA Just Drew a Line on 7-OH.
Buying Kratom in Texas
- Check the age requirement. You must be 18 or older to buy kratom in Texas.
- Read the label. Texas requires directions for use and a recommended serving size.
- Ask for the lab report. A complete certificate of analysis lists 7-OH alongside the other alkaloids, which is the only way to check it against the 2 percent cap. Our guide on how to read a kratom lab report shows how.
- Check local rules. State law sets the baseline, but always check your city and county as well.
Our catalog focuses on lab-tested natural leaf kratom powders and kratom capsules from brands manufactured under the American Kratom Association's GMP program, which we explain in our guide to the AKA. We do not carry synthetic 7-OH products. We comply with all applicable state and local laws. Orders to restricted areas are not fulfilled. Questions? Email orders@nuwavebotanicals.com.
Texas Kratom FAQ
Is kratom legal in Texas?
Yes. Kratom is legal in Texas and regulated under the Texas Kratom Consumer Health and Safety Protection Act, which took effect September 1, 2023.
How old do you have to be to buy kratom in Texas?
18. Selling kratom to anyone under 18 is a Class C misdemeanor. A 2025 bill to raise the age to 21 did not pass.
Is 7-OH legal in Texas?
Texas prohibits kratom products with more than 2 percent 7-OH of total alkaloid content and bans synthetic 7-OH entirely. A pending federal order would add a separate federal threshold.
Is kratom being banned in Texas?
Not as of October 2026. Bills to tighten the law failed in 2025, though new proposals are expected when the Legislature meets in 2027.
FDA Disclaimer
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease. Kratom products are intended strictly for individuals 18 years of age or older, or 21+ where required by applicable state law.