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SB 1868

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.

89th Legislature (2025) Introduced by Charles Perry and 1 co-sponsor

SB 1868 criminalizes kratom and adds substances to Texas's Controlled Substances Act while increasing civil and criminal penalties for violations.

Referred to Public Health
#business&commerce--general(i0050) #civilremedies&liabilities(i0065) #crimes--drugs(i0185) #health--general(i0385) #packaging&labelingrequirements(s0339) #safety(i0740)
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Bill Summary · SB 1868

Legislative bill overview

SB 1868 proposes adding certain substances to Texas's Controlled Substances Act while simultaneously regulating kratom and kratom products as controlled items. The bill increases both civil penalties for violations and creates new criminal offenses, along with enhanced criminal penalties for existing offenses related to these substances.

Why is this important

This bill would significantly expand Texas's drug enforcement landscape by criminalizing substances that are currently legal and widely available in the state. The expanded penalties and new criminal offenses could affect thousands of kratom users and retailers, while potentially impacting law enforcement priorities and the criminal justice system's caseload.

Potential points of contention

  • Kratom's legal status and scientific evidence: Kratom remains legal federally and in most states; opponents argue there's insufficient evidence of harm to justify criminalization, while proponents cite concerns about addiction potential and unknown health effects
  • Impact on legal businesses and consumers: Current kratom retailers and consumers could face criminal liability for previously legal activities, raising concerns about retroactive enforcement and economic disruption
  • Overbroad drug enforcement: Critics may argue the bill diverts resources from serious drug threats, while supporters contend it prevents kratom from becoming a gateway problem like other substances

Compiled from official sources — confirm details with the bill’s official record.

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