The Texas Dilemma:

In recent years, Kratom, a natural supplement known for its pain-relieving and energy-boosting properties, has sparked a growing debate. As Texas faces a potential Kratom ban under Senate Bill 1868, brought forth by Senator Perry from San Angelo, industry leaders like David K. Shelton, owner of Kratom King, urge lawmakers to consider the full implications of such legislation. Kratom, a plant native to Southeast Asia, is often used as an alternative to pharmaceuticals for managing pain and energy levels. However, a growing concern about synthetic Kratom products and their potential harm has prompted calls for an outright ban instead of enforcing established regulations.

Texas is the second largest importers of Kratom in North America, with the Port of Houston being a key point of entry. With approximately 6,000 businesses - primarily small and locally owned shops - Texas has seen natural alternatives like CBD, hemp, and Kratom become a crucial element of its local economies. However, a newly proposed ban on Kratom, such as the one outlined in Senate Bill 1868, threatens not only these businesses but also the livelihoods of the consumers who rely on Kratom for safer pain management and energy.

While Kratom has significant benefits when used responsibly, there are concerns about synthetic Kratom products flooding the market, such as highly concentrated 7-Hydroxymitragynine (7-OH) tablets and other dangerous substances like Tianeptine.

Texas Kratom Consumer Protection Act Enacted in 2021: So What Happened?

In 2021, the Texas Legislature along with the American Kratom Association (AKA) enacted a framework, Texas Kratom Consumer Protection Act (KCPA) that regulates Kratom while ensuring its safe use. Under this law, Kratom products in Texas must contain no more than 0.02% of the 7-OH alkaloid, as all Kratom leaf contains a small amount of naturally occurring 7-OH. The 7-OH alkaloid is a compound found in the Kratom leaf that contributes to its pain-relieving and mood-enhancing effects.

So what changed? "The crux of this new possible ban," Shelton explains, "attributes to the explosion of unregulated synthetic "Kratom" products, particularly those containing highly elevated levels of the 7-OH alkaloid. These synthetic 7-OH products, often sold in gas stations, head shops, and tobacco stores, have a considerably higher concentration of this alkaloid than naturally occurring Kratom leaf and other products. Typically measuring around 7% 7-OH." This poses serious health risks, including the potential for overdose and addiction.

Shelton, along with the AKA, has long called for stricter regulations to ensure that only natural Kratom products are sold to consumers. They agree that overly potent 7-OH synthetic tablets are dangerous and should be removed from the market. The Texas KCPA, which Shelton helped pass, stipulates that Kratom products must not contain more than 0.02% of 7-OH hydroxy. Therefore, these 7-OH products are currently illegal for the retailer, the manufacturer, and the consumer. However, these non-compliant products are still being sold irresponsibly, putting both consumers and the reputation of the Kratom industry at risk. This irresponsible distribution must be stopped to protect the integrity of the market and ensure public safety.

Furthermore, products like "Zaza" or "Tiana Red," which are marketed as "Kratom" products, but is an entirely different chemical Tianeptine-a powerful opioid agonist. Tianeptine, a pharmaceutical known by the brand name Stablon, has harmful effects when consumed in large amounts. These products are not Kratom at all, and their inclusion in this market under the guise of Kratom is misleading and dangerous. Shelton believes these are the true instigators behind the confusion, misinformation and the legislature's push to ban Kratom outright.

Shelton along with Industry leaders and everyday advocates, has been working alongside the AKA to provide amendments to the new proposed 1868 Bill. Despite these efforts, legislators, including Senator Perry backed by Texas Lieutenant Governor Dan Patrick, rejected every single proposed amendment in the Senate last month during their committee hearing. After some internal discussions the Senate Committee later proposed to keep natural Kratom leaf out of the ban, that would allow it to be sold with some very staunch stipulations, which introduce a whole new set of complexities, which we will leave for a different time.

However, they insisted that all Kratom powder must be tested in the state of Texas, and all Kratom products must test under a 0.01% threshold for the naturally occurring 7-OH alkaloid. While this may sound promising in theory, the reality is that there is not a naturally occurring Kratom leaf that contains such a low level of 7-OH. A threshold of 0.01% is not only impractical-it effectively sets the stage for an outright ban of Kratom in Texas.

FDA's Repeated Attempts to Ban Kratom. A History of Unsuccessful Efforts

In 2016, the Food and Drug Administration (FDA) recommended that the Drug Enforcement Agency (DEA) classify Kratom as a Schedule I controlled substance, which would effectively make it illegal and place it in the same category as heroin or cannabis. However, the DEA ultimately rejected this recommendation, marking a historic moment in the 46-year history of the FDA scheduling recommendations. The rejection came as a result of grassroots activism, scientific backing, and lobbying from the Kratom industry, including intervention from Congress.

After the DEA's rejection, the FDA decided to take a closer look at Kratom's potential dangers, commissioning its own studies. Dr. Kirsten Smith, a leading researcher from Johns Hopkins University, was one of the scientists brought in to study Kratom's efficacy and safety on adult Kratom Users, the results of the 2020 study showed remarkably that "Kratom can help reduce opioid use, with 87% of users reporting relief from withdrawal symptoms. Additionally, 35% of participants were opioid-free months later." The FDA's official stance became "The data suggest at the doses tested, using the specific botanical Kratom sourced for the study, and under carefully controlled clinical conditions ... Kratom was well tolerated." They could find no significant evidence of harm.

In 2021, the FDA then filed a formal recommendation to the United Nations and the World Health Organization (WHO) Expert Committee on Drug Dependence (ECDD) for Kratom to be reviewed for potential international scheduling. The ECDD found that the scientific evidence did not support such a review, so Kratom was not prohibited on a global scale.

Numerous organizations and government agencies have conducted a variety of tests on Kratom, yet each one has failed to provide conclusive evidence that the plant poses a significant danger. This has undoubtedly led to a major turning point in the ongoing debate.

Kratom's Benefits in the Fight Against Addiction

Dr. A. Henningfield, an expert in pharmacology and addiction, has also weighed in on the safety of Kratom. His work and analysis with National Institute on Drug Abuse (NIDA), FDA, and the World Health Organization has assisted at the helm of the ongoing research that has supported the idea that Kratom, when used responsibly, does not present the same risks as many pharmaceutical drugs. This adds another layer of credibility to the claims that Kratom should not be classified as a controlled substance. According to Dr. Henningfield, Kratom's profile is fundamentally different from that of traditional opioids, particularly due to its low abuse potential. Kratom has shown promise as an alternative to traditional opioids, which are known for their deadly effects on the respiratory system.

Research conducted by Dr. Nora Volkow of NIDA backs this up, revealing that Kratom does not depress the respiratory system like opioids. Instead, it provides pain relief with a much lower potential for abuse. This is critical, considering the opioid crisis that continues to devastate communities nationwide. Unlike opioids, Kratom has a natural threshold that significantly limits the potential for addiction.

The High Cost of Banning Kratom

Beyond health concerns, the proposed Kratom ban would have a substantial economic impact on Texas. The Texas Kratom industry alone contributes millions of dollars in state revenue each year, with Texas being the 2nd largest importer of Kratom in North America.

A ban on Kratom would have a ripple effect across the nation, as other states often look to Texas when making legislative decisions.

The enforcement of the Kratom ban could cost Texas a whopping $3.21 billion over the next five years, with the direct and indirect impacts of lost revenue from businesses forced to close or scale back. This includes the cost of enforcing this proposed Senate Bill 1868, a cool, breezy $16.2 million for 5 years. When compared to the state's previous experiences with similar industries, such as the Delta-8 THC and CBD market, which brings in tens of millions of dollars in tax revenue and job creation each year, the potential ban on Kratom could result in a devastating loss for the state's economy.

While the fight to keep Kratom legal in Texas continues, the broader movement for Kratom regulation is gaining ground across the U.S. States like Arkansas and Mississippi have taken responsible steps to regulate Kratom, ensuring its safety for consumers without outright banning it. Mississippi, for instance, signed the Mississippi KCPA into law in 2025, a model for other states looking to protect Kratom users while safeguarding public health.

Unhinged Implications - Is a Texas Fentanyl Black-market Their Solution?

Fentanyl has become the leading cause of overdose deaths among Americans aged 18 to 45, with Texas experiencing a 75% increase in drug poisoning deaths over the past five years. This surge is largely attributed to the influx of fentanyl into the state.

As the battle for Kratom's future plays out in Texas, it's clear that responsible regulation, not prohibition, is the solution. Lawmakers must recognize that science supports Kratom's therapeutic potential and that banning it will only cause harm to users and businesses alike.

A Kratom ban in Texas could force many users to turn back to opioids, a move that would undoubtedly worsen the opioid crisis. As Shelton warns, "People who use Kratom responsibly as an alternative to opioids may be forced to return to dangerous, prescription painkillers, or worse, if Kratom is taken off the market. This will only fuel the addiction crisis in our state."

David K. Shelton's call to action is clear: "Rather than banning Kratom, we need to focus on regulating it responsibly and removing the dangerous synthetic versions that are a true threat to public health. The Kratom community stands united in this mission. We cannot allow misinformation and fear to dictate the future of a product that has helped so many people.

Kratom King has proudly earned runner up for the 'Best Herbal and Alternative Medicine' Award for Best in Town 2024, presented by the Tyler Morning Telegraph. This prestigious recognition highlights Kratom King's dedication to providing top-quality natural herbal supplements, including their exclusive line of Kratom products. Located at 1933 South, Southeast Loop 323 in Tyler, Texas, Kratom King continues to stand out in the community.

This award adds to a growing list of accolades for Kratom King, which has also been honored by Best of East Texas and East TX View's Top 40 Under 40 'Men in Business.' Known for its exceptional customer service and commitment to wellness, Kratom King remains a trusted name for customers seeking natural health solutions in East Texas and beyond.

Visit Kratom King today and experience the award-winning service that has made them a leader in herbal and alternative medicine.