Texas sues Smokey’s Paradise over illegal kratom potency limits
Centuries Harvest Kratom at 3207 Manatee Avenue West in Bradenton on September 3, 2025. (Tiffany Tompkins/The Bradenton Herald/Tribune News Service via Getty Images)
MIDLOTHIAN, Texas - Texas has filed a lawsuit against an alleged kratom retailer in Midlothian, Texas, operating under the name Smokey’s Paradise.
The retailer is being sued for "deceptively marketing and selling kratom products" containing well over the legal amount.
Kratom levels 50x above legal limit
What we know:
Smokey’s Paradises is accused by the state of selling kratom products with illegal amounts of 7-hydroxymitragynine ("7-OH").
The retail company is alleged to market and sell kratom products containing up to 96% of 7-OH, which is nearly fifty times the legal limit allowed under Texas law, according to a news release from the Texas Attorney General’s Office.
This lawsuit is a part of a sweeping initiative by the Texas Attorney General to crack down on the illegal distribution of kratom products containing addictive alkaloids that the state deems "extremely dangerous to Texans."
MIAMI, FL - MAY 10: In this photo illustration, capsules of the drug Kratom are seen on May 10, 2016 in Miami, Florida. The herbal supplement is a psychoactive drug derived from the leaves of the kratom plant and it's been reported that people are us
Dig deeper:
In the news release from the Texas Attorney General’s Office, it states that Paxton’s investigation revealed that the defendants sold kratom products containing illegally high concentrations of 7-OH, as well as synthetic alkaloids that are expressly prohibited under Texas law.
The release also stated that laboratory testing confirmed that multiple products sold to Texas consumers contained 7-OH levels ranging from 86% to 96% of total alkaloid content, far exceeding the 2% maximum allowed by the Texas Kratom Consumer Health and Safety Protection Act.
MIAMI, FL - MAY 10: In this photo illustration, capsules of the herbal supplement Kratom are seen on May 10, 2016 in Miami, Florida. The herbal supplement is a psychoactive drug derived from the leaves of the kratom plant and it's been reported that
Texas Kratom Consumer Health and Safety Protection Act
The backstory:
In September 2023, the Texas Legislature enacted the Texas Kratom Consumer Health and Safety Protection Act, establishing strict potency limits and prohibiting synthetic additives.
The Texas Health and Safety Code defines "kratom" as any part of the plant Mitragyna speciosa. They further define a "kratom product" as a food, extract, capsule or pill containing any form of kratom.
Civil penalties and future enforcement
What they're saying:
"Kratom is addictive and deadly, and I’m suing these companies for knowingly endangering Texans by selling products with nearly 50 times the legal limit of this opioid," said Attorney General Paxton.
"The Legislature enacted clear safeguards to protect consumers from deadly kratom products, and my office will aggressively enforce those laws against anyone who puts Texans’ health at risk with these drugs."
What's next:
The lawsuit seeks to end the sale and distribution of these illegal kratom products in Texas, along with civil penalties, costs, and other relief authorized by law under the Texas Deceptive Trade Practices Act and other statutes.
The Source: Information in this article was provided by the Texas Attorney General's Office. Additonal information was provided by the Texas Department of State Health Services.