Distribution Or Sale Of Kratom Product To Minor: HSC §444.014

The Texas Offense For Distribution Or Sale Of Kratom Product To Minor law prohibits people from selling, distributing and exposing children to Kratom.

This new offense was created by the Texas legislature in 2023 as part of a new set of laws to regulate Kratom distribution. The legislature created an entirely new Chapter of the Health and Safety Code – Chapter 444 – to deal with Kratom. The legislature codified the offense at Texas Health and Safety Code Section 444.004. The law went into effect on September 1, 2023.

Kratom (mitragyna speciosa) is a tropical evergreen tree in the coffee family indigenous to southeast Asia. The leaves of the kratom tree have long been used medicinally in traditional remedies and have grown in popularity worldwide in the last few decades. It is most commonly consumed by chewing the leaves or brewing them into tea. In low doses, kratom reportedly has similar effects to caffeine, including boosted energy, greater focus, etc. In higher doses, however, kratom has been employed as a non-opioid pain reliever for acute or chronic pain. The legislature ultimately concluded that a “consensus has emerged: Pure kratom is not harmful.”

The Health and Safety Code classifies the Texas Offense For Distribution Or Sale Of Kratom Product To Minor law under Title 6 “Food, Drugs, Alcohol, and Hazardous Substances,” Chapter 444 “Manufacture, Distribution, and Sale of Kratom Products.” Learn more about the Texas offense of Offense For Distribution Or Sale Of Kratom Product To Minor below.

What is the current Texas law about Offense For Distribution Or Sale Of Kratom Product To Minor?

The current Texas law defines the offense of Offense For Distribution Or Sale Of Kratom Product To Minor in Health and Safety Code Section §444.004 as follows:^[1]

(a) A person commits an offense if the person distributes, sells, or exposes for sale a kratom product to an individual younger than 18 years of age.

This offense was created by the 88th Texas Legislature in 2023,^[2] effective September 1, 2023.^[3]

How can I be charged with an Offense For Distribution Or Sale Of Kratom Product To Minor offense in Texas?

You can be charged with Offense For Distribution Or Sale Of Kratom Product To Minor in Texas if the state’s attorneys believe that each of the elements of 444.004 as described in the section above have been met.

What is the statute of limitation for Offense For Distribution Or Sale Of Kratom Product To Minor in Texas?

As a misdemeanor, Offense For Distribution Or Sale Of Kratom Product To Minor charges have a two-year limitations period.^[4]

What is the penalty for a Texas Offense For Distribution Or Sale Of Kratom Product To Minor offense?

Offense For Distribution Or Sale Of Kratom Product To Minor in Texas is punished as a Class C misdemeanor.^[5]

Can you get probation for Offense For Distribution Or Sale Of Kratom Product To Minor in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Offense For Distribution Or Sale Of Kratom Product To Minor, and judges are also allowed to accept deferred adjudication plea deals.^[6]

What level of crime is Offense For Distribution Or Sale Of Kratom Product To Minor in Texas?

The Health and Safety Code classifies Offense For Distribution Or Sale Of Kratom Product To Minor as either a state jail felony or second degree felony.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Health and Safety Code §444.004. This law is current as of 2024.^2. SB 497, 88th Texas Legislature (RS), Section 2^3. SB 497, 88th Texas Legislature (RS), Section 3^4. See Code of Criminal Procedure 12.02(a)^5. Texas Health and Safety Code §444.004(b)^6. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .