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 to individuals under 21 years of age 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 substances and the sale of kratom products near schools.

Additionally, the bill expands the definitions and classifications of kratom and its alkaloids, including the introduction of "Kratom" as any part of the leaf of the Mitragyna speciosa plant. It includes various kratom alkaloids in Penalty Group 1 and clarifies the classification of substances related to kratom to ensure comprehensive regulatory oversight. The bill also proposes significant amendments to the classification of controlled substances, adding new tetrahydrocannabinol variants and hallucinogenic substances. Importantly, the changes will only apply to offenses committed on or after September 1, 2025, ensuring that prior offenses remain governed by existing laws. Overall, the bill aims to enhance the regulatory framework surrounding kratom and controlled substances to address public health concerns.

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)