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Is Kratom Legal in Texas? 2026 Kratom and 7-OH Ban Update

Legal · 18+ · 7-OH Capped at 2%

Is kratom legal in Texas in 2026? Yes, for adults 18 and older. There is no Texas kratom ban.

Kratom is legal to buy, possess, and use in Texas as of October 2026. The Texas Kratom Consumer Health and Safety Protection Act, in force since September 1, 2023, bars sales to anyone under 18 and sets rules for what stores may sell.

Is 7-OH legal in Texas? Only in trace amounts. Texas has no 7-OH ban date because the limit already applies: a kratom product may not be sold if 7-hydroxymitragynine is more than 2% of its alkaloids, or if it contains any synthetic alkaloid. Concentrated 7-OH tablets, shots, and gummies fail that test.

Last reviewed: October 2026  •  Written and fact-checked by the RehabSeekers.com editorial team against primary legal sources and reviewed for clinical accuracy. See our editorial policy and accreditations & verification standards.

Texas kratom law has not changed since 2023, but enforcement has. A 2025 bill to raise the age to 21 and cut the 7-OH limit passed the Texas Senate and died in the House, and it failed again in two special sessions. In 2026 the Texas Attorney General began suing sellers of concentrated 7-OH under the existing law. This Texas kratom ban update explains what is legal today, what the 7-OH limit means, what could change in 2027, and where to find free, confidential help in Texas if kratom has become hard to stop.

What Texas Kratom Law Says Right Now

As of October 2026, kratom is legal in Texas for adults 18 and older under Chapter 445 of the Texas Health and Safety Code. The chapter was created by Senate Bill 497 in 2023 and took effect September 1, 2023. It was first numbered Chapter 444 and was renumbered to Chapter 445 on September 1, 2025 by House Bill 1620, with no change to the rules. The duties fall on kratom processors and retailers. The chapter contains no offense for an adult who buys or possesses kratom.

Legal status

Legal statewide for adults 18 and older. No Texas law bans kratom leaf.

What cannot be sold

Products with 7-OH above 2% of alkaloids, synthetic alkaloids, or adulterated, contaminated, or unlabeled products.

Who it applies to

Processors and retailers, including online sellers shipping into Texas. Adult possession is not an offense.

How old do you have to be to buy kratom in Texas? 18. Selling or distributing a kratom product to anyone under 18 is a Class C misdemeanor under section 445.004. Some stores choose to sell only to customers 21 and older, and 2025 bills tried to make 21 the legal minimum, but none passed. Other violations carry civil penalties, which the Texas Attorney General or a district, county, or city attorney can seek in court.

Texas Kratom Ban Update: Senate Bill 1868 and the 7-OH Lawsuits

Texas did not ban kratom or 7-OH in 2025 or 2026. Senate Bill 1868, by Senators Charles Perry and Royce West, passed the Texas Senate 26 to 4 on April 24, 2025, was sent to the House Public Health Committee on April 28, and never received a vote. The same proposal was refiled in both 2025 special sessions, as House Bill 291 and House Bill 227, and did not pass. The Texas Legislature holds no regular session in 2026 and next meets in January 2027.

What Senate Bill 1868 would have changed

The version the Senate passed would have raised the purchase age to 21, cut the 7-OH limit from 2% to 0.1% of alkaloids, required testing at an accredited Texas laboratory, and banned kratom beverages, leaving only leaf, powder, and capsules. It would also have placed kratom alkaloids outside the plant, and synthetic versions, in Penalty Group 1 of the Texas Controlled Substances Act. None of this is law.

Enforcement of the current limit has increased instead. Attorney General Ken Paxton sued the operators of Smokey’s Paradise stores in Midlothian in Ellis County district court in February 2026, alleging products with 86% to 96% 7-OH, and a judge granted a temporary injunction in April. On April 21, 2026, he sued two California online sellers, Pure Leaf Kratom and Outcast Distribution, in Collin County, saying: “I will not allow California-based companies to illegally ship their potentially deadly substances into Texas.”

What the Texas Kratom Consumer Protection Act Requires

The Texas Kratom Consumer Health and Safety Protection Act sets six rules for anyone who makes or sells kratom products in Texas. Each row below comes from Chapter 445 of the Health and Safety Code.

RequirementCurrent Texas lawWhat it means
Minimum sale age18 (section 445.004)Selling to a minor is a Class C misdemeanor
7-OH limitNo more than 2% of the alkaloid composition (section 445.003)Concentrated 7-OH products cannot be sold
Synthetic alkaloidsProhibitedNo synthetic or synthetically derived kratom compounds
Adulteration or contaminationProhibitedNo dangerous non-kratom or controlled substances
LabelingDirections for use & serving size (section 445.002)Unlabeled products cannot be sold
Civil penaltiesUp to $250, then $500, then $1,000 (section 445.005)Each day counts as a separate violation

Can you buy kratom in Texas? Yes. Adults 18 and older can buy kratom products that meet the rules above from stores and online sellers. Texas law does not require laboratory testing before sale, so a label is not proof of what a product contains. The Texas Department of State Health Services warned Texans on September 2, 2025 not to use concentrated 7-OH products.

Where Texas fits nationally (approximate share of states and Washington, D.C., October 2026)

Legal, no kratom-specific state law (~18 states)

 

Legal with age limits or product rules, including Texas (~23)

 

Full statewide ban (10 states)

 

Approximate, October 2026; trackers count differently. Full bans: Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Massachusetts (one-year emergency order), Tennessee, Vermont, and Wisconsin. See every state on our kratom bans by state page.

Federal vs. Texas Kratom Law: When Will 7-OH Be Banned?

Kratom is not scheduled under the federal Controlled Substances Act, and no federal 7-OH ban had taken effect by early October 2026. The Drug Enforcement Administration proposed Schedule I for kratom in August 2016 and withdrew the plan that October. The Food and Drug Administration recommended scheduling 7-OH products in July 2025, and the Drug Enforcement Administration published a notice of intent on July 6, 2026 to place 7-OH above a set threshold in Schedule I. No final order has been published, so there is no federal start date yet.

Federal position

Kratom leaf is unscheduled, though the Food and Drug Administration says it cannot lawfully be sold as a drug, dietary supplement, or food additive. Mitragynine pseudoindoxyl, MGM-15, and MGM-16 have been Schedule I since August 26, 2026. A federal 7-OH order is pending.

Texas position

Legal for adults 18 and older. Sellers may not offer products above the 2% 7-OH limit or with synthetic alkaloids. Kratom and 7-OH are not in a Texas penalty group, so the state limit is enforced with civil penalties against sellers, not charges against buyers.

Buying Kratom in Texas and Crossing State Lines

Chapter 445 applies the same way in Houston, Dallas, San Antonio, Austin, and every Texas county; we found no confirmed city or county kratom ordinance. Online sellers are covered too: the 2026 Collin County lawsuit targets companies shipping into Texas from California.

Travel needs care, because two of Texas’s four neighboring states ban kratom. Louisiana has treated kratom as a Schedule I drug since August 1, 2025, and Arkansas has listed its alkaloids in Schedule I since 2016; possession in either state is a crime. Oklahoma allows sales to adults 18 and older and caps 7-OH at 1% of alkaloids, and a lawmaker there said in September 2026 that he will seek a ban in 2027. New Mexico has no state kratom law. Check the law at your destination before traveling with any kratom product.

The Health Picture Behind the Texas 7-OH Debate

Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, act on the brain’s opioid receptors. People commonly report stimulant-like effects at lower amounts and opioid-like or sedating effects at higher ones. Regular use can lead to physical dependence and withdrawal, which the National Institute on Drug Abuse describes as usually mild to moderate. Concentrated 7-OH is a different matter: the Food and Drug Administration says it can be more potent than morphine. About 1.7 million Americans aged 12 and older used kratom in 2021, according to the National Survey on Drug Use and Health.

In Texas, the Department of State Health Services reported that the Texas Poison Center Network received 192 calls about kratom or 7-OH exposures in 2025 through August 27, compared with 107 in all of 2024. People who stop suddenly can go into withdrawal, with restlessness, muscle aches, sweating, irritability, runny nose, stomach cramps, and poor sleep, often starting within 6 to 12 hours of the last use. Dependence is a health condition, not a moral failing, and tapering or stopping with medical support is safer than stopping abruptly and alone. Read more in our guide to opioid rehab and treatment, the closest clinical match for kratom dependence.

Free Texas Help & Government Resources

Confidential help for kratom and 7-OH dependence is available across Texas. The lines below cost nothing to call, and asking about treatment is a health matter, not a legal one.

Texas OSAR (find treatment)

Outreach, screening, assessment & referral, reached through the 2-1-1 Texas toll-free line
1-877-541-7905

National Helpline

Substance Abuse and Mental Health Services Administration. Free & confidential, 24/7
1-800-662-4357

988 Suicide & Crisis Lifeline

24/7 crisis support statewide
Call or text 988

2-1-1 Texas

Texas Health and Human Services Commission referral line for local services
Dial 211

Texas Poison Center Network

For adverse reactions, 24/7
1-800-222-1222

Find a provider

OSAR phone numbers for each Texas region
hhs.texas.gov

Texas Health and Human Services runs Outreach, Screening, Assessment and Referral (OSAR) programs in all 11 of its regions, based in local mental health and behavioral health authorities. OSAR is open to anyone living in Texas who wants information about substance use disorder services. The Texas Poison Center Network links six regional poison centers staffed by nurses, pharmacists, and physicians. Naloxone nasal spray, which can reverse an opioid overdose, has been sold without a prescription since 2023.

Finding Treatment for Kratom Dependence in Texas

No medication is approved specifically for kratom dependence. Because kratom acts on opioid receptors, clinicians often draw on the approaches used for opioid use disorder, and published case reports describe buprenorphine being used for people dependent on kratom. The right level of care depends on how long and how much you have used, and whether other substances or mental health conditions are involved. Common paths include:

Stabilizing safely

Medical detox and detox by substance programs manage withdrawal symptoms under clinical supervision during the hardest early days.

Ongoing care

Outpatient medication clinics, including those offering buprenorphine, intensive outpatient programs, and partial hospitalization programs provide treatment while you keep living at home.

For higher-intensity needs, residential rehab provides a structured, substance-free setting, while sober living homes support the move back to daily life. Texas Medicaid covers assessment, counseling, medication assisted treatment, withdrawal management, and residential treatment for substance use disorder, within set limits: see rehabs that take Medicaid, free rehab options, and state-funded programs.

Browse drug and alcohol rehab centers in Texas by city, including Houston, Dallas, San Antonio, Austin, Fort Worth, El Paso, Lubbock, Corpus Christi, Amarillo, Laredo, and Beaumont. Neighborhood pages cover Galleria in Houston, Oak Cliff in Dallas, Alamo Heights in San Antonio, and South Congress in Austin. Near a state line, treatment in Louisiana, Oklahoma, or New Mexico may be closer. You can also search the full U.S. locations directory, all treatment programs, and our recovery resources.

Texas Kratom Laws: Frequently Asked Questions

Is kratom legal in Texas in 2026?

Yes. Kratom is legal in Texas for adults 18 and older under Chapter 445 of the Health and Safety Code. Sellers may not offer products with 7-OH above 2% of alkaloids, synthetic alkaloids, or adulterated or unlabeled products.

Is kratom still legal in Texas, or did the kratom ban pass?

Kratom is still legal. Senate Bill 1868 passed the Texas Senate on April 24, 2025 but died in the House Public Health Committee, and versions filed in the 2025 special sessions also failed. No Texas kratom ban has been enacted.

Is 7-OH legal in Texas?

Only at natural trace levels. Texas law bars the sale of any kratom product in which 7-hydroxymitragynine is more than 2% of the alkaloid composition, and bans synthetic alkaloids. Concentrated 7-OH products cannot lawfully be sold. 7-OH is not a controlled substance under Texas law, so the rule is enforced against sellers.

When does the 7-OH ban start in Texas?

There is no new Texas 7-OH ban date. The 2% limit has applied since September 1, 2023. A separate federal proposal to place 7-OH above a set threshold in Schedule I was published on July 6, 2026, and no final order with a start date had been published by early October 2026.

When will kratom be banned in Texas?

No date is set, and no ban is scheduled. The Texas Legislature next meets in regular session in January 2027, which is the earliest a new kratom bill could be considered. Bills from 2025 would have tightened the rules for kratom leaf, not banned it.

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

18. Selling or distributing a kratom product to anyone under 18 is a Class C misdemeanor. Some retailers set their own minimum of 21, but that is store policy, not state law.

What is the Texas Kratom Consumer Protection Act?

It is the common name for the Texas Kratom Consumer Health and Safety Protection Act, Senate Bill 497 of 2023, now Chapter 445 of the Health and Safety Code. It requires labels, sets the 2% 7-OH limit, bans synthetic and adulterated products, and bars sales to minors.

Is MGM-15 legal in Texas?

No. The Drug Enforcement Administration placed MGM-15, MGM-16, and mitragynine pseudoindoxyl in federal Schedule I by temporary order on August 26, 2026, and federal law applies in Texas. Texas law also bars synthetic alkaloids in kratom products. The Texas schedule notices we reviewed did not yet list these compounds.

Is Feel Free included in a kratom ban in Texas or nationwide?

There is no nationwide kratom ban and no Texas kratom ban. Feel Free’s maker, Botanic Tonics, describes it as a natural leaf kratom product. In Texas it is treated like any kratom product: it may be sold to adults 18 and older only if it meets the 2% 7-OH limit and labeling rules. States that ban kratom ban it too.

Will getting treatment for kratom get me in legal trouble?

No. Kratom is legal for adults in Texas, and calling a helpline or entering treatment does not create a criminal record. Federal rule 42 CFR Part 2 protects substance use disorder treatment records.

Important: This article is for general information and harm-reduction purposes and is not legal or medical advice. Texas kratom rules could change in the 2027 legislative session, and a federal 7-OH order is pending. For a specific legal question, consult a licensed Texas attorney; for a health decision, speak with a qualified clinician. If you or someone you know is in immediate danger, call 911.

References and Citations

  • Texas Health and Safety Code, Chapter 445 (formerly Chapter 444), Manufacture, Distribution, and Sale of Kratom Products. statutes.capitol.texas.gov
  • Texas Legislature. Senate Bill 497 (88th Legislature, 2023), Senate Research Center bill analysis. capitol.texas.gov
  • Texas Legislature. Senate Bill 1868 (89th Legislature, 2025), engrossed text. capitol.texas.gov
  • LegiScan. Texas Senate Bill 1868 (2025), bill history and votes. legiscan.com
  • Texas Legislature. House Bill 227 (89th Legislature, second called session, 2025), introduced text. capitol.texas.gov
  • Office of the Texas Attorney General. Lawsuit against Smokey’s Paradise kratom retailers, February 9, 2026. texasattorneygeneral.gov
  • Office of the Texas Attorney General. Lawsuit against Pure Leaf Kratom and Outcast Distribution, April 21, 2026. texasattorneygeneral.gov
  • Texas Department of State Health Services. Health alert: serious illnesses associated with 7-OH use, September 2, 2025. dshs.texas.gov
  • Texas Department of State Health Services. Schedules of Controlled Substances. dshs.texas.gov
  • Texas Health and Human Services. Outreach, Screening, Assessment and Referral. hhs.texas.gov
  • Texas Administrative Code, Title 1, section 354.1311, Medicaid substance use disorder benefits and limitations. regulations.justia.com
  • Texas Poison Center Network. poisoncontrol.org
  • Federal Register. Temporary placement of mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, August 26, 2026. federalregister.gov
  • Federal Register. Notice of intent, temporary placement of 7-hydroxymitragynine above a specified threshold in Schedule I, July 6, 2026. federalregister.gov
  • U.S. Food and Drug Administration. FDA and Kratom. fda.gov
  • National Institute on Drug Abuse. Kratom. nida.nih.gov
  • Substance Abuse and Mental Health Services Administration. National Helpline. samhsa.gov