H.B. No. 291 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 the sale of certain substances, and grants the executive commissioner authority to adopt rules for safe consumption and distribution.

Additionally, the bill expands the classification of controlled substances to include various kratom alkaloids and their synthetic equivalents, such as mitragynine and 7-hydroxymitragynine, reflecting concerns about their potential for abuse. It modifies existing language in the Health and Safety Code to incorporate these new classifications while maintaining the structure of penalty groups for other controlled substances. The bill also introduces new legal language regarding tetrahydrocannabinols and their derivatives, including a comprehensive list of specific compounds. 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 legislation. The Act will take precedence over conflicting legislation from the 89th Legislature and will become effective 91 days after the legislative session concludes.

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)