Texas House Bill HB291

Texas 2025 - 89th 1st C.S.

• Filed: 8/7/25

Caption

Relating to adding certain substances to the Texas Controlled Substances Act and regulating kratom and kratom products; increasing civil penalties; creating criminal offenses; increasing a criminal penalty.

Impact

The bill introduces several new criminal offenses related to the sale and distribution of kratom products, including prohibitions against adulterated or contaminated products, as well as the sale of these products to individuals under 21 years of age. It also increases civil penalties significantly, imposing fines that range from $2,500 to $10,000 depending on the number of offenses. With these changes, the bill aims to improve public health safety related to the consumption of kratom by ensuring that products sold are properly tested, labelled, and free of harmful substances.

Summary

House Bill 291 seeks to regulate kratom and kratom products by adding provisions to the Texas Controlled Substances Act. The bill defines kratom as any part of the leaf from the plant species Mitragyna speciosa and outlines the responsibilities of kratom processors and retailers. It mandates that kratom products undergo laboratory testing to ensure safety and compliance with specified alkaloid concentration levels. Furthermore, it establishes civil penalties for various violations concerning the sale and distribution of kratom products, effectively enforcing compliance with health and safety standards.

Contention

While supporters of HB 291 argue that regulating kratom promotes public health and safety, there are concerns from detractors who view the bill as an overly regulatory approach that could inhibit access to kratom for consumers who use it for its purported benefits. They argue that the stringent testing and labeling requirements may impose burdens on small businesses and limit the availability of kratom products. Additionally, critics worry that the increased penalties could lead to disproportionate criminalization of individuals and small retailers involved in the kratom trade.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 481. Texas Controlled Substances Act
  • Section: New Section
  • Section: 102