By Triumph Kratom | October 22, 2019
Texas has an interesting history with its citizens. Though known for its conservative views, it also promotes personal freedom in ways that rival some of the most liberal states in the country. When it comes to kratom laws in Texas, state officials certainly seem to be exercising their value of personal freedoms.
However, this has not stopped controversy within the state around the plant. For instance, there are some state officials and law enforcement professionals who seem skeptical of what the plant means for people and how it affects the human body. In other words, Texas kratom legality could be subject to debate down the line.
We’ll tell you more about how kratom is seen in Texas, and what state officials and local law enforcement have been up to. Is kratom illegal in Texas? The answer lies in the perception of the plant as much as the legislation.
Kratom is not technically classified in Texas because there are no official Texas kratom laws that govern it. This means that registered merchants and citizens are free to make, buy, sell, and own kratom anywhere within state lines. It seems likely that any abuse of kratom will be judged on a case-by-case basis.
There are no Texas laws that actively address kratom or its active ingredients. There also doesn’t appear to be any kind of organized movement to oppose kratom in any way.
Stories of those who have been prosecuted for having kratom also had other illegal drugs in their possession at the time and were transporting those illegal drugs beyond state borders. It’s unlikely that Texas kratom laws played a role in the arrests. Whether it’s kratom powder in Texas or kratom extract, there are no formal laws that govern any strain or form of the plant.
Kratom is under investigation right now by the DEA to determine its benefits. It is unclear how the DEA’s reaction to the drug (either past, present, or future) will influence Texas. Even after the DEA temporarily banned kratom several years ago, Texas did not rush to establish formal legislation for the state. However, some people believe that the federal pushback will translate to state and local pushback in the future.
There are no regions in the state of Texas that formally address kratom. There are a number of retail locations in which residents of the state can purchase kratom as well.
It should be noted though that some counties take a more active interest than others in controversial natural remedies. This awareness for natural remedies could extend to specific kratom laws being made for individual counties. For example, Tarrant County takes a more rigid stance than others against CBD oil, and those fears could end up translating to kratom.
While CBD and hemp is legal in the state (laws formalized by Gov. Abbott), the District Attorney’s Office of Tarrant County has stated that they will prosecute anyone illegally using CBD products. Because the cannabis laws could still be considered vague by county officials, this may mean that people in the county are subject to more scrutiny.
Because the DA has been so vocal about unregulated natural remedies including botanicals like kratom, it’s likely that local law enforcement within the county will become more aware of the issue. If you’re caught with anything that isn’t readily identifiable, it may be first confiscated and tested before being returned to you.
Residents in Texas are free to buy kratom from either inside or outside the state. There have been no reported issues of UPS, USPS, or FedEx failing to deliver kratom to people in Texas. However, you may find that certain suppliers don’t want to ship to certain areas in Texas (e.g., Tarrant County, etc), even though there are no formal reports regarding this.
There have been anecdotal stories about shipping kratom to legal states through illegal states. If your kratom package has to make a pit stop in a city of a banned state, it’s possible it will end up in the wrong hands.
While a post office employee is supposed to follow federal laws, a state post office may argue that they have to conform to state laws. Whether this argument is valid or not, it could delay your kratom package. In general though, if you’re buying kratom in Texas, you’re likely to be safe.
Advocates in the state have been vocal about the benefits of kratom. And though these benefits are largely untested, its potential has caught the eye of several groups. One such group is the American Kratom Association (AKA), a group dedicated to spreading the facts and dispelling the myths of kratom.
In October 2018, the AKA requested for all kratom supporters in the state of Texas to visit the local office of their congress representatives and pass out packets about kratom (in an effort to keep it legal). It’s unclear just how much influence this had on legislators, but it may have had an effect in maintaining its current status. Kratom enthusiasts in cities like Dallas have also been vocal about just how much kratom has helped them feel better without the need for more harmful prescription drugs.
The National Institute on Drug Abuse may not have come out with a formal recommendation for kratom, but they have acknowledged that kratom is known to interact with opioid receptors in the brain and can stimulate the same type of pain relief. When used correctly (i.e., in its natural form), there have been no confirmed kratom deaths according to the AKA.
For more information on kratom laws across the country, check out our Kratom Legality Map.
*These statements have not been evaluated by the Food and Drug Adminstration. This product is not intended to diagnose, treat, cure or prevent any disease.