Is Kratom Legal in Texas? 7-OH Rules, Age Limit and 2026 Lawsuits

Last verified October 31, 2026 against current Texas law

So, is kratom legal in Texas? For adults, yes, but only as a regulated product. Texas has never banned kratom, and a 2025 bill that would have treated it like a controlled substance stalled in the House. What Texas does ban is the concentrated and lab-made versions that drive most of the recent warnings. This guide covers the 7-OH limit, the age rule, the penalties, the state lawsuits against sellers, and what could change in 2027.

Kratom leaf and powder	Legal for adults 18 and older, if labeled and within the 2% 7-OH cap
7-OH above 2% of alkaloids	Not allowed in any product sold in Texas
Synthetic 7-OH or other synthetic alkaloids	Banned from sale
Minimum age to buy	18 under state law. Many stores set 21 on their own
Main law	Texas Kratom Consumer Health and Safety Protection Act (SB 497, 2023), Health and Safety Code ch. 445 (renumbered from ch. 444 on September 1, 2025)
Controlled substance?	No. Kratom is not listed in the Texas Controlled Substances Act, Health and Safety Code ch. 481
Federal status	Federal agencies are moving to restrict concentrated 7-OH. Plain kratom leaf is not federally scheduled

Is kratom legal in Texas in 2026?

Yes. Kratom is legal in Texas in 2026 for adults, and nothing passed in the 2025 sessions changed that. The Legislature last set the rules in 2023, when it passed Senate Bill 497. The law took effect on September 1, 2023, and it regulates how kratom is made, labeled and sold instead of banning it.

The Act defines kratom as any part of the leaf of the plant Mitragyna speciosa. A kratom product is a food, including an extract, capsule or pill, that contains any form of kratom. That definition is why capsules, powders and drinks fall under the same rules as raw leaf.

Is 7-OH legal in Texas?

Partly. 7-hydroxymitragynine is a natural compound found in tiny amounts in kratom leaf, and Texas allows it only at natural levels. Under Health and Safety Code § 445.003, a processor or retailer may not sell a product with more than 2% 7-OH in the alkaloid fraction, measured against the overall alkaloid composition of the product. The same section bans products with synthetic alkaloids, including synthetic 7-OH.

That is why the common question, is 7oh banned in Texas, has a split answer. Concentrated 7-OH tablets, gummies, shots and extracts that sit far above the 2% cap are not lawful to sell. A leaf powder that stays under the cap is. Texas has not listed 7-OH as a controlled substance on its own, so the main tools against illegal sellers are the Kratom Act and consumer protection claims.

Is kratom banned in Texas? The 2025 bill that stalled

No. Senate Bill 1868 in 2025 would have added kratom, mitragynine and 7-OH to Penalty Group 1 of the Texas Controlled Substances Act, repealed the 2023 Kratom Act chapter and created new criminal offenses. The Senate passed it on April 24, 2025. The House received it on April 25, referred it to the Public Health Committee on April 28, and never voted on it.

Because the bill did not become law, the 2023 Act still governs kratom. The next regular session begins in January 2027, and lawmakers can file the idea again. Until a new law passes, the answer to is kratom illegal in Texas now is no.

Texas kratom laws: age limit and penalties

The state age to buy kratom is 18. Under Health and Safety Code § 445.004, it is an offense to distribute, sell or expose for sale a kratom product to anyone younger than 18. Some online sources claim the limit is 21, but the statute says 18. Retailers can still choose a stricter policy, and many do. Compare that with tobacco and vapes, where the Texas age is 21, as we explain in our guide to the legal age to buy cigarettes in Texas.

Violation	Type	Penalty
Selling kratom to someone under 18	Class C misdemeanor	Fine up to $500, no jail
No product use directions or serving size on the label	Civil violation	$250 first, $500 second, $1,000 each after
Selling a product above the 2% 7-OH cap	Civil violation	$250 first, $500 second, $1,000 each after
Selling a synthetic or contaminated kratom product	Civil violation	Same civil scale, plus other penalties under ch. 481 if a controlled substance is in the product

Each day a violation continues counts as a separate violation. The attorney general, a district or county attorney, or a municipal attorney can sue to collect the penalties. A retailer can avoid liability for a label or content violation by proving it was unintentional and that it relied in good faith on the processor’s representation.

For buyers, the Act does not create a possession offense for adults. Trouble starts when a product is mixed with a controlled substance, since Health and Safety Code § 445.003 bars sales of products contaminated with a chapter 481 drug, and possessing that drug is its own crime.

Texas kratom ban update: lawsuits and warnings

• September 2, 2025: The Texas Department of State Health Services (DSHS) issued a health alert warning people not to use products containing 7-OH. The Texas Poison Center Network had logged 192 exposures involving kratom or another 7-OH product in 2025 as of the alert, compared with 107 for all of 2024 and 122 for all of 2023.
• July 2025: The U.S. Food and Drug Administration announced steps to restrict access to 7-OH products.
• 2026: Attorney General Ken Paxton sued kratom sellers, including a Midlothian store operator and two California-based online retailers, alleging products with 7-OH at 86% to 96% of the alkaloid content, far above the 2% cap.
• January 2027: The 90th Legislature convenes and can revisit kratom and 7-OH.

The lawsuits matter because they show how Texas enforces the 2% rule today: by going after sellers, including online sellers who ship into the state, instead of arresting buyers.

Federal rules and what they mean for Texas

Federal law is a separate track. Plain kratom leaf is not a federally scheduled drug, but federal agencies have been working to restrict concentrated 7-OH. The FDA recommended scheduling it in July 2025, and in 2026 the Drug Enforcement Administration issued several notices. On October 14, 2026, it published a notice of intent to temporarily place 7-OH above a set threshold in Schedule I, with an order not expected before November 13, 2026. Until that order issues, check the Federal Register. Once in effect, it would apply in Texas too.

Real situations: what the law means for you

You buy kratom powder at a Houston smoke shop

If the package lists directions and a serving size and the shop checks that you are at least 18, the sale follows Texas law. Ask for lab results if the store has them, since they show the 7-OH level.

You order 7-OH tablets from an online store

A tablet made from concentrated or synthetic 7-OH is the kind of product Texas bans from sale. You are unlikely to face a Texas criminal charge for ordering it, but the seller can face civil penalties, and the product itself may be unsafe.

You drive after using kratom

Texas DWI law covers any substance that impairs you, not only alcohol. Driving without the normal use of your mental or physical faculties because of kratom can be charged under Penal Code § 49.04. See our driving and vehicle law guides for how DWI works.

Myths vs. facts about kratom in Texas

Myth	Fact
“Kratom is banned in Texas.”	Texas regulates kratom. A 2025 bill to ban it stalled in the House.
“The age limit is 21.”	The state age is 18 under § 445.004. Some stores choose 21.
“7-OH is legal because it comes from kratom.”	Texas caps 7-OH at 2% of the alkaloids and bans synthetic 7-OH.
“A ban on 7-OH bans all kratom.”	The state and federal actions target concentrated and synthetic products, not plain leaf.
“Kratom is a controlled substance in Texas.”	It is not listed in the Texas Controlled Substances Act.

Is kratom legal in Houston, Dallas and Austin?

Yes. State law applies in every Texas city, and we did not find a Texas city ordinance that bans kratom. A city may still regulate where certain shops can operate through zoning, so check local rules before opening a store. For hemp and THC rules that interact with these shops, see our guides on the Texas THC ban and delta 8 in Texas, and the wider cannabis, THC and substances section.

Frequently asked questions

Is kratom legal in Texas now?

Yes. Kratom leaf is legal for adults 18 and older in Texas if the product is labeled and keeps 7-OH at or below 2% of the alkaloids. Synthetic alkaloids are banned, and sellers face civil penalties for violations.

Is 7OH illegal in Texas?

Concentrated 7-OH is not lawful to sell in Texas. The Kratom Act caps 7-OH at 2% of the alkaloid composition and bans synthetic 7-OH. Texas has not listed it as a controlled substance, but sellers can be sued and federal action is pending.

Is kratom a controlled substance in Texas?

No. Kratom is not listed in the Texas Controlled Substances Act. A 2025 bill to add it to Penalty Group 1 passed the Senate but never received a House vote, so the 2023 regulatory law still applies.

What is the legal age to buy kratom in Texas?

The state age is 18. It is a Class C misdemeanor to sell a kratom product to a person younger than 18. Retailers may set a higher age, and some require 21.

Can I buy kratom online and have it shipped to Texas?

Adults can buy compliant kratom products, but online sellers must meet the same Texas label and 2% rules. The attorney general has sued out-of-state online sellers shipping high-7-OH products into Texas.

Will Texas ban kratom in 2027?

Nobody can say yet. The 90th Legislature meets in January 2027 and can file a new bill like the stalled 2025 proposal. Until a bill passes and is signed, kratom stays regulated under the 2023 law.

If this affects you: if a product made you sick, call the Poison Help line at 1-800-222-1222 or seek medical care. If you sell kratom and received a notice from the attorney general, speak with a Texas-licensed business or consumer protection attorney. If you face a criminal charge, talk to a Texas-licensed criminal defense attorney. This guide is general legal information, not advice for your situation. Read how we research every guide in our editorial policy, or report an error.