Texas authorities fail to enforce legislation against synthetic kratom despite climbing poisoning cases and multiple deaths, revealing a troubling gap between legislation and public safety protection. The state’s inability to regulate this potent substance highlights broader challenges in controlling synthetic drugs that continue to proliferate.

Rising Poisoning Cases Despite Legal Restrictions

Data from the Texas Poison Center Network reveals a concerning trend in kratom-related incidents. Cases climbed from 83 in 2019 to 123 in 2022, before declining to 100 in 2024. The synthetic kratom ban in Texas, which authorities introduced in 2023, appeared to contribute to this decline, yet enforcement remains largely absent, allowing dangerous products to persist in shops statewide.

Over six years, 602 total kratom-related calls came into poison control centres, with more than 40% involving severe or moderate reactions. Five cases resulted in deaths, with at least one fatality occurring in 2024 after lawmakers passed the legislation. The severity of these incidents stands in stark contrast to cannabis-related calls, which numbered 2,592 in 2024 but resulted in no confirmed overdose deaths according to federal Drug Enforcement Administration data.

Understanding the Synthetic Kratom Threat

Kratom exists in two distinct forms: a naturally derived substance from the kratom plant, and a synthetic version where manufacturers chemically alter compounds to create significantly higher potency. The 2023 Texas Kratom Consumer Protection Act banned manufacturing and selling the synthetic variant, yet public safety agencies lack resources to enforce these restrictions effectively.

The Dangers of 7-OH

The synthetic compound, known as 7-OH, proves particularly dangerous. Research indicates it is up to 13 times more potent than morphine, with dependency, withdrawal and overdose symptoms similar to opioids. Tiffini Steding, co-owner of 1836 Kratom, a natural kratom distributor in Pflugerville, described witnessing people become “crippling addicts in under a week” after consuming 7-OH products.

“This has been used for hundreds of years in Southeast Asia safely, so it’s safe to assume that it’s probably 7-OH,” said Jeremy Steding, Tiffini’s business partner, referring to recent severe reactions.

The Enforcement Gap

Twenty-four states and the District of Columbia now regulate synthetic kratom. The synthetic kratom ban in Texas mandates that total alkaloid content used to create 7-OH shouldn’t exceed 2% of product composition, and retailers shouldn’t sell products containing synthetic 7-OH at all.

Yet the legislation remains largely symbolic. Without proper enforcement, dangerous products continue appearing in petrol stations and smoke shops throughout the state. Many consumers remain unaware of what they’re purchasing, sometimes because manufacturers use vague labelling that obscures true contents.

Lack of Consumer Awareness

“I went into a convenience store to check out some of our product, and the guy behind the counter offered me a bottle of 7-OH that had just came in,” Tiffini Steding recounted. “This small bottle was a chemical boosted version of the synthetic, but he just knew it as strong kratom. I had to tell them this is a super addictive compound in a bottle you are giving out.”

Matthew Lowe, executive director of the Global Kratom Coalition, emphasised the enforcement crisis in 2024 when warning about illegal products that retailers mislabelled as kratom and sold around the state. “Texas needs to step up enforcement, and kratom manufacturers need to adhere to state and local laws in order for kratom to be safe and accessible for Texans,” he stated.

Legislative Attempts and Industry Concerns

Natural kratom producers sought help from lawmakers to enforce restrictions more effectively. Instead, they faced an unexpected response: Senator Charles Perry proposed legislation that would have banned all kratom products, including the natural plant itself.

Senate Bill Dies in House

The bill passed the Texas Senate but died in the House after widespread opposition from those using natural kratom to manage substance use disorders, mental health conditions and chronic pain. Natural producers argued a complete prohibition would force vulnerable people back onto more dangerous opioids.

“It was originally meant to be for 7-OH when we talked to his staff, then it changed to all kratom products, then an outcry happened, he said he would change it, he didn’t, and passed it anyway,” said Tiffini Steding about the legislative process.

On 29 July, the federal Food and Drug Administration recommended listing synthetic kratom as a controlled substance, responding to calls from natural kratom producers concerned about public safety. This federal move could strengthen kratom ban enforcement if officials implement it.

Demographics and Health Impacts

Unlike cannabis poisoning data that shows children and teenagers suffer most effects, kratom incidents primarily impact adults aged 30 to 39, with 185 cases in this age group, followed by 144 cases amongst 20 to 29-year-olds. This suggests deliberate use rather than accidental consumption by young people.

Severity of Reactions

State poison control data doesn’t distinguish between synthetic and natural kratom cases. Of 602 total calls between 2019 and 2024, 250 involved pronounced, prolonged or systemic symptoms requiring treatment, whilst 61 resulted in life-threatening symptoms causing significant disability or disfigurement.

Natural kratom does carry risks, including potential hallucinations, seizures, liver damage, confusion, high blood pressure and respiratory depression. However, industry advocates maintain these side effects were rare before synthetic versions proliferated.

A federal survey estimated approximately 1.6 million Americans aged 12 and older used kratom in 2022. The herb, which people derive from a Southeast Asian tree related to coffee plants, gained popularity during the opioid epidemic as people sought alternatives to deadly prescription medications.

The Synthetic Drug Cycle

The state has become a particularly profitable market for synthetic drugs, creating a concerning pattern. When authorities ban one substance, another synthetic version typically emerges to fill the void, raising questions about whether prohibition will simply shift problems elsewhere.

K-2 and Spice Precedent

Before synthetic cannabinoids like delta-8 appeared, the state dealt with K-2 and Spice, entirely artificial substances that manufacturers designed to mimic THC’s psychoactive effects. These products first appeared in 2009, and by November 2016, forensic laboratories had identified 35 varieties on the streets. Overdose incidents occurred from Amarillo to Austin, with people suffering permanent injuries and deaths. These problems only diminished after natural THC-derived products became available.

A report by Whitney Economics found that whilst demand remains higher for natural THC products like delta-9 and THCA, synthetic delta-8 ranks as the third largest revenue producer for cannabinoid businesses in the state. The state also sources most products locally, meaning Texans grow, manufacture and sell the majority of these substances.

Current Legislative Debates

Some lawmakers now blame synthetic THC products for harming young children and are attempting to ban all types of cannabis as a result. Drug policy experts warn this approach creates predictable consequences.

“Black markets are created by regulation,” said Roger Volodarsky, head of Puffco, a Los Angeles-based cannabis company serving thousands of customers in the state. “Synthetic cannabis products aren’t cannabis, they are chemical imitations that can cause serious harm to people. The only reason these products even exist is because prohibition makes it easier to sell a dangerous knockoff than the actual real plant.”

Potential Solutions for Texas Kratom Regulation

Industry leaders and researchers have proposed several approaches to address enforcement challenges whilst preserving access to natural products.

California Model

One option involves adopting stricter regulations similar to California’s model, which limits 7-OH content to 1% in kratom products and prohibits chemical levels exceeding what naturally occurs in the plant. This approach would remove chemically boosted products whilst maintaining natural kratom availability, potentially making enforcement more effective.

Researchers at Johns Hopkins Medicine suggest removing kratom products from petrol stations and convenience stores, limiting sales to locations where retailers possess proper education about what they sell. Alternatively, FDA regulation could restrict products to pharmacies or supplement shops.

Product Classification Standards

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Researchers from the University of Florida and Johns Hopkins medical school recommend categorising products that primarily contain synthetic 7-OH separately, rather than labelling them as kratom products. “Companies making such claims that such products are kratom products should not be considered to be making credible or factual claims,” their statement noted.

The Holistic Alternative Recovery Trust, an organisation created in 2023 to advocate regulation rather than prohibition of 7-OH, argues the synthetic version serves as a valuable harm reduction tool for thousands. The group maintains federal officials should target actual sources of danger rather than banning compounds that help people manage pain and addiction.

Industry Perspectives

Simply 7OH, a synthetic product producer, told The Texas Tribune their customers report life-changing benefits, including staying off harder drugs, avoiding relapse and relieving chronic pain. “We receive countless messages from people who say our products have given them the ability to play with their kids, work, and function as contributing members of society again,” the organisation stated, whilst acknowledging the products can be habit-forming.

Looking Ahead

Katherine Neill Harris, drug policy fellow for Rice University’s Baker Institute for Public Policy, explained why kratom has avoided the intense scrutiny that authorities direct at cannabis. “One of the major reasons kratom has avoided the attention that THC has gotten is that it’s not federally regulated. It’s not listed in the Controlled Substances Act,” she said.

Future Policy Concerns

However, as enforcement remains largely absent and poisoning cases continue, pressure builds for more effective action. Drug policy experts warn that banning natural cannabis could drive users toward kratom or black market sources.

“There may be a slight substitution effect, where individuals who can no longer access their preferred hemp products legally try or use more kratom products,” Harris noted. “But the effects of these substances are different, and in the event of a THC ban, many users would return to the illicit market for THC.”

The Stedings fear lawmakers remain insufficiently informed about kratom to make sound policy decisions. “I was terrified because these people are about to make this huge decision to make a plant illegal that helps people, and they don’t even know what it is or does,” Tiffini Steding said.

Call for Better Regulation

Jeremy Steding suggested pharmaceutical-level regulation might provide the answer. “If it were in the pharmaceutical world, we should see true control of the industry in a heavily regulated environment. I don’t know if that is the answer, but this must be controlled,” he said.

As the state grapples with multiple synthetic drug challenges simultaneously, the enforcement crisis serves as a cautionary tale about the gap between legislative intent and practical implementation. The synthetic kratom ban in Texas demonstrates that without adequate resources and political will to enforce existing laws, public safety protections remain largely theoretical whilst dangerous products continue reaching consumers.

Texans seeking help for substance use can contact the Substance Abuse and Mental Health Services Administration’s free helpline at 800-662-4357 or access regional services through the Texas Health and Human Services website.

Source: Texas Tribune