H.B. No. 291 seeks to regulate kratom and kratom products in Texas by redesignating Chapter 444 of the Health and Safety Code to Chapter 445 and introducing new definitions and requirements for kratom processors and retailers. The bill mandates that kratom products be tested by accredited laboratories to ensure safety standards regarding alkaloid concentration and contamination. It also requires proper labeling of kratom products, including usage directions, and imposes escalating civil penalties for violations, starting at $2,500 for the first offense and reaching $10,000 for subsequent offenses. Additionally, the bill establishes criminal offenses related to the sale and distribution of kratom products, particularly to individuals under 21 years of age, and prohibits sales near schools or in locations that sell certain other products.

The legislation amends the Health and Safety Code to include specific definitions and classifications related to kratom and its alkaloids, defining "Kratom" as any part of the leaf of the plant species Mitragyna speciosa. It expands Penalty Group 1 to include various substances, adding new entries such as mitragynine and 7-hydroxymitragynine, and clarifies that any derivatives of these kratom alkaloids will also be regulated similarly to controlled substances. The bill also introduces new legal language regarding the classification of tetrahydrocannabinols and their derivatives, including a list of specific compounds and their variations. Importantly, the changes will only apply to offenses committed on or after the effective date of the law, ensuring that prior offenses are governed by previous regulations. The Act is set to take effect 91 days after the conclusion of the legislative session.

Statutes affected:
Introduced: Health and Safety Code 481.002, Health and Safety Code 481.102, Health and Safety Code 481.103 (Health and Safety Code 481)