Senate Bill No. 1868 seeks to regulate kratom and kratom products in Texas by amending the Health and Safety Code, which includes redesignating Chapter 444 as Chapter 445 and introducing new definitions such as "kratom processor" and "kratom retailer." The bill mandates that kratom products be tested by accredited laboratories for safety and proper labeling before sale. It establishes criminal offenses related to the sale and distribution of kratom, particularly to individuals under 21, and significantly increases civil penalties for violations, with fines escalating from $2,500 for the first offense to $10,000 for subsequent violations. The bill also addresses issues of adulteration and contamination, prohibiting certain substances and regulating sales near schools.

Additionally, the bill expands Penalty Group 1 to include various kratom alkaloids and their synthetic equivalents, such as mitragynine and 7-hydroxymitragynine, as well as Tianeptine and its derivatives. It introduces new legal language that broadens the definitions of tetrahydrocannabinols and their derivatives, adding several new variants and clarifying that the law will apply only to offenses committed on or after its effective date of September 1, 2025. This legislative effort aims to enhance the regulatory framework surrounding kratom and controlled substances in response to growing safety concerns and the emergence of synthetic drugs.

Statutes affected:
Introduced: Health and Safety Code 481.102 (Health and Safety Code 481)
Senate Committee Report: Health and Safety Code 481.002, Health and Safety Code 481.102, Health and Safety Code 481.103 (Health and Safety Code 481)
Engrossed: Health and Safety Code 481.002, Health and Safety Code 481.102, Health and Safety Code 481.103 (Health and Safety Code 481)