Kratom is a popular herbal substance that comes from the leaves of a Southeast Asian tree called Mitragyna speciosa, and it is most often manufactured and sold in the form of capsules, raw powder, tablets, or liquids. Kratom has not been approved by the U.S Food and Drug Administration.
On March 26, 2025, Senator Charles Perry proposed S.B. 1868, seeking to amend the Texas Controlled Substances Act to add kratom to Texas Health and Safety Code § 481.102, Penalty Group 1, which includes various opiates.
Notably, Texas Health and Safety Code § 481.112 establishes various degrees of felonies, as well as fines and jail time, for a person that knowingly manufactures, delivers, or possesses with intent to deliver a substance, based on aggregate weight, that is in Penalty Group 1.
Thus, it is critical for Texas kratom manufacturers, distributors, and retailers to be aware of the status of S.B. 1868 and whether it becomes law, because if kratom is added to Penalty Group 1, then they will be at risk of receiving a felony, fines, and/or jail time.
Paul Stevenson is a senior associate attorney with Ritter Spencer Cheng PLLC who practices alternative substances compliance and trademark law and represents clients in various industries.
Blog Disclaimer: This blog is for informational purposes only, and we are not providing legal guidance, so please consult with an attorney for specific legal advice.
