SB 1868 Texas Senate · 89th Legislature (2025)

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.

SB 1868 establishes new regulations for kratom products in Texas. It requires kratom processors and retailers to test products for contaminants like heavy metals and pesticides before sale and to label them with clear use instructions and serving sizes. The bill also increases civil penalties for noncompliance and creates new criminal offenses related to kratom violations. These rules directly affect businesses that manufacture, distribute, or sell kratom products within the state.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Governor
Introduced Mar 4, 2025 Last action Apr 28, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 6 edits · Apr 24, 2025
MODERATE
This bill updates Texas law to regulate kratom and related substances by creating a new chapter in the Health and Safety Code. It establishes testing and labeling requirements for kratom products, prohibits certain forms of kratom (like prepackaged beverages and pills), and adds new criminal offenses related to sales to minors and near schools. The bill also expands the list of controlled substances in Penalty Groups 1 and 2 to include kratom alkaloids and other synthetic opioids.
Scope change
The bill expands the scope of controlled substances in Texas to include kratom and its alkaloids, creating a new regulatory framework specifically for kratom products while maintaining existing controlled substance categories.
DEFINITION

Added new definitions for 'kratom', 'kratom processor', 'kratom product', and 'kratom retailer' to establish regulatory clarity.

REQUIREMENT

Requires kratom products to be tested by accredited laboratories and labeled with use directions before sale.

Prohibits sale of kratom products that are adulterated, contaminated, or contain excessive levels of specific alkaloids.

ENFORCEMENT

Creates new criminal offenses for selling kratom to individuals under 21, selling near schools, and selling products designed for smoking or in pill/tablet form.

Establishes civil penalties ranging from $2,500 to $10,000 for violations of kratom regulations.

SCOPE

Expanded Penalty Group 1 to include kratom alkaloids and synthetic equivalents, and added new substances to Penalty Group 2.

Floor votes · Senate Apr 24, 2025

How they voted

254
Passed · 1 other
Total votes 30
Apr 24, 2025
D Democratic10
5 Yea 4 Nay 1
50% Yea
R Republican20
20 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
8
Committee
7
Amendments
3
Apr 28, 2025
Committee
Referred to Public Health
lower
Apr 28, 2025
Introduced
Read first time
lower
Apr 25, 2025
Introduced
Received from the Senate
lower
Apr 24, 2025
Upper · Passed
Passed
upper
Apr 24, 2025
Upper · Passed
Passed to engrossment as amended
upper
Apr 24, 2025
Upper · Passed
Amended
upper
Apr 24, 2025
Introduced
Amendment(s) offered
upper
Apr 10, 2025
Upper · Passed
Committee report printed and distributed
upper
Apr 10, 2025
Upper · Passed
Reported favorably as substituted
upper
Apr 7, 2025
Upper · Passed
Vote taken in committee
upper
Mar 27, 2025
Upper · Passed
Left pending in committee
upper
Mar 27, 2025
Upper · Passed
Testimony taken in committee
upper
Mar 17, 2025
Committee
Referred to State Affairs
upper
Mar 17, 2025
Introduced
Read first time
upper
1 primary · 1 co-sponsor

Sponsors