Texas Sues Kratom Retailer for Illegal Potency Levels

Smokey's Paradise accused of selling kratom products with alkaloid levels nearly 50 times the legal limit

Published on Feb. 9, 2026

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The Texas Attorney General's Office has filed a lawsuit against Midlothian-based retailer Smokey's Paradise, alleging the company is selling kratom products with dangerously high concentrations of the alkaloid 7-hydroxymitragynine - nearly 50 times the legal limit established by the state's Kratom Consumer Health and Safety Protection Act.

Why it matters

This lawsuit is part of a broader crackdown by the Texas Attorney General on the illegal distribution of kratom products containing addictive and potentially deadly alkaloids. The state is seeking to permanently ban the sale of these high-potency kratom products to protect consumers from the risks of addiction and overdose.

The details

According to the lawsuit, lab tests found that Smokey's Paradise was selling kratom products containing up to 96% of the alkaloid 7-hydroxymitragynine, far exceeding the 2% legal limit set by Texas law. The state alleges the retailer was "deceptively marketing and selling" these dangerously potent kratom products.

  • In September 2023, the Texas Legislature enacted the Texas Kratom Consumer Health and Safety Protection Act.
  • The lawsuit was filed by the Texas Attorney General's Office on February 9, 2026.

The players

Smokey's Paradise

A Midlothian-based retailer accused of selling kratom products with illegal, high-potency alkaloid levels.

Ken Paxton

The Texas Attorney General who filed the lawsuit against Smokey's Paradise as part of a broader crackdown on the illegal distribution of dangerous kratom products in the state.

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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.”

— Ken Paxton, Texas Attorney General (Texas Attorney General's Office)

What’s next

The lawsuit seeks to permanently ban the sale and distribution of these illegal kratom products in Texas, along with civil penalties, costs, and other relief authorized by law.

The takeaway

This case highlights the risks of unregulated kratom products and Texas' efforts to protect consumers from dangerous, high-potency kratom that can lead to addiction and overdose. It underscores the importance of state-level regulations to ensure kratom safety and quality standards.