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

Texas Criminal Law

The Texas offense of Offense For Distribution Or Sale Of Kratom Product To Minor 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.

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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.” Learn more about the Offense For Distribution Or Sale Of Kratom Product To Minor offense 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 Offense For Distribution Or Sale Of Kratom Product To Minor?

You can be charged with Offense For Distribution Or Sale Of Kratom Product To Minor 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 punishment for Offense For Distribution Or Sale Of Kratom Product To Minor?

Offense For Distribution Or Sale Of Kratom Product To Minor is punished as a Class C misdemeanor.[4]


^1. Texas Health and Safety Code §444.004^2. SB 497, 88th Texas Legislature (RS), Section 2^3. SB 497, 88th Texas Legislature (RS), Section 3^4. Texas Health and Safety Code §444.004(b)

Distribution Or Sale Of Kratom Product To Minor - Texas Law | Penal Code 49.061 text with Texas and American Flag in background

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