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 adulteration and contamination of kratom products, prohibits certain substances, and allows the executive commissioner to adopt rules for safe consumption and distribution.

Additionally, the bill expands the definition 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, which are intended to interact with human opioid receptors. It modifies existing language in the Health and Safety Code by adding new substances to the penalty groups while removing outdated references. The bill also introduces a range of tetrahydrocannabinols and hallucinogenic substances as controlled, clarifying that these substances are regulated unless explicitly exempted. The law will apply only to offenses committed on or after September 1, 2025, ensuring that prior offenses are governed by previous laws.

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)