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 of kratom products, particularly to individuals under 21, and imposes increased 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 synthetic alkaloids and restricting sales near schools.

Additionally, the bill expands the definitions and classifications of controlled substances to include various kratom alkaloids and their synthetic equivalents, such as mitragynine and 7-hydroxymitragynine, as well as tianeptine and its analogues. It introduces new legal language that broadens the definitions of tetrahydrocannabinols and their derivatives, including specific compounds and hallucinogenic substances like Ibotenic acid and Muscimol. The changes will apply only to offenses committed on or after the effective date of September 1, 2025, and the Act will take precedence over any conflicting legislation from the 89th Legislature, Regular Session, 2025. Overall, the bill aims to enhance the regulatory framework surrounding controlled substances in response to growing concerns about substance misuse and public health.

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)