Virginia
Is Kratom Legal in Virginia? Age 21 and 7-OH Cap (2026 Law)
Independently fact-checked against primary sources (last audited October 11, 2026). · 19 primary sources cited on this page. How we verify our legal content
Kratom is not listed in Virginia's Schedule I: the state's Schedule I (Va. Code 54.1-3446) names no kratom, mitragynine or 7-hydroxymitragynine (7-OH). Instead, Va. Code 59.1-200(A)(77), part of the Virginia Consumer Protection Act, has barred selling kratom products to anyone under 21 since July 1, 2023 (2023 Acts ch. 596, Senate Bill 1108). House Bill 360 (2026 Acts ch. 595, effective July 1, 2026) expanded it with a new warning label and storage rules, and capped 7-OH in kratom products at one percent of total alkaloids or one milligram per serving. For other states, see our guide to kratom laws by state.
Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Virginia state law on kratom: the kratom subdivision of the Virginia Consumer Protection Act (Va. Code 59.1-200(A)(77)), the Act's remedies (59.1-204 and 59.1-206), Virginia's Schedule I (54.1-3446), the Board of Pharmacy's Schedule I and federal-conformity regulations (18VAC110-20-322 and 18VAC110-20-323), the controlled substance analog provisions (54.1-3401 and 54.1-3456) and the Board's power to follow federal scheduling (54.1-3443), with one paragraph on federal law. It does not cover city or county ordinances, employer or school policies, military rules or other states' laws.
Is kratom legal in Virginia?
Kratom is regulated in Virginia rather than listed in Schedule I. The leaf and its alkaloids are not listed in Virginia's Schedule I, so the Schedule I possession and distribution offenses do not reach them by name. Virginia separately treats a "controlled substance analog" intended for human consumption as a Schedule I or II substance (Va. Code 54.1-3456), defined in 54.1-3401 as a substance substantially similar in structure to a Schedule I or II drug with a substantially similar or greater depressant effect. No statute or regulation names kratom or 7-OH as an analog, but the definition could be argued to reach a semi-synthetic 7-OH derivative. What the law does control is how kratom is sold.
That control sits in the Virginia Consumer Protection Act. The kratom subdivision was added by 2023 Acts ch. 596 (Senate Bill 1108), effective July 1, 2023, with two rules: no sales to anyone under 21 and an ingredient label. House Bill 360, 2026 Acts ch. 595, approved April 13, 2026 and effective July 1, 2026, rewrote the label disclosure and added clauses (iii) through (ix). Subdivision (77) now lists nine kinds of kratom sales as prohibited practices, covering the buyer's age, labels, storage, product content, product form and marketing. The Code of Virginia page for section 59.1-200 carries subdivision (77) in its current version and in each later dated version already posted; the HB 360 bill page on the Legislative Information System holds the bill's history.
The subdivision defines its key term for that subdivision only:
As used in this subdivision, "kratom" means any part of the leaf of the plant Mitragyna speciosa or any extract thereof
What does Virginia's kratom law prohibit?
Subdivision (77) makes it a prohibited practice to sell or offer for sale nine categories of kratom product. In plain terms, the clauses cover:
| Clause | Selling or offering for sale is prohibited when the kratom product... |
|---|---|
| (i) | is sold to a person younger than 21 years of age |
| (ii) | lacks a label listing all ingredients with the statutory warning |
| (iii) | is not stored in an area that is not directly accessible to consumers, such as behind a retail counter or in a locked display case |
| (iv) | contains any synthesized material, semi-synthetic alkaloid or synthetic kratom-like compound |
| (v) | contains 7-hydroxymitragynine in an alkaloid fraction above one percent of total alkaloids in the container, or provides more than one milligram of 7-OH per serving |
| (vi) | is adulterated with any dangerous, poisonous or otherwise deleterious non-kratom ingredient, including any substance listed as a controlled substance under state or federal law |
| (vii) | is combustible or intended for vaporization or injection |
| (viii) | is manufactured, packaged or marketed in a manner attractive to children |
| (ix) | is a kratom extract product with residual solvent levels above applicable statutory or pharmacopeial limits |
The storage clause has one exception. Kratom products "required to be refrigerated" may be stored, under the relevant Virginia Alcoholic Beverage Control Authority regulations, "in the same beverage cooler or refrigerator as wine and beer."
The label required by clause (ii) must list all ingredients and include this disclosure, in the statute's words:
"WARNING: Kratom may cause dependence and opioid-like withdrawal. Do not use while pregnant. Use may impair judgment. Not for persons younger than 21 years of age."
Is 7-OH illegal in Virginia?
Virginia caps 7-OH in kratom products; it does not schedule it. Clauses (iv) and (v) of subdivision (77) read:
"(iv) any kratom product containing any synthesized material, semi-synthetic alkaloid, or synthetic kratom-like compound; (v) any kratom product containing 7-hydroxymitragynine in an alkaloid fraction exceeding one percent of total alkaloids in the container or providing more than one milligram of 7-hydroxymitragynine per serving"
Both clauses limit what kratom products may be sold or offered for sale. Reports that Virginia "banned 7-OH" go further than the text: 7-hydroxymitragynine is not named in Virginia's Schedule I, and the cap applies to kratom products as the subdivision defines kratom.
The Board of Pharmacy can add substances to Schedule I by regulation. A substance the Board places in Schedule I under its expedited procedure in Va. Code 54.1-3443(D) stays there for 18 months and is then descheduled unless the General Assembly enacts a law adding it. A petition received in 2024 asked the Board to amend 18VAC110-20-322 "to include mitragynine and 7-hydroxymytragynine, the active alkaloids found in kratom, in Schedule I." As of October 11, 2026, that regulation contains no entry for mitragynine, 7-OH or kratom.
Is there an age limit for kratom in Virginia?
Yes, for sales. Clause (i) makes it a prohibited practice to sell or offer for sale "any kratom product to a person younger than 21 years of age." The clause regulates the seller. Subdivision (77) does not make it an offense for a person under 21 to possess kratom.
What are the penalties for violating Virginia's kratom rules?
The penalties are civil, because subdivision (77) sits in the Consumer Protection Act rather than the criminal drug laws. Two remedies apply.
Civil penalty. Va. Code 59.1-206(A) provides that if a court finds a person "has willfully engaged in an act or practice in violation of § 59.1-200," the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town "may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation." The section's higher $5,000 penalty for a second or subsequent willful violation is limited to subdivisions A 69 through 74 of section 59.1-200, so it does not apply to the kratom subdivision.
Private lawsuit. Under Va. Code 59.1-204(A), "Any person who suffers loss as the result of a violation of this chapter shall be entitled to initiate an action to recover actual damages, or $500, whichever is greater." If the violation was willful, the trier of fact "may increase damages to an amount not exceeding three times the actual damages sustained, or $1,000, whichever is greater."
Does federal scheduling change Virginia's schedules?
Only if the Board of Pharmacy acts. Under Va. Code 54.1-3443(E), when a substance is designated, rescheduled or descheduled under federal law and notice is given to the Board, the Board "may similarly control the substance under this chapter after the expiration of 30 days from publication in the Federal Register of a final or interim final order or rule," by amending its regulations under the Administrative Process Act. The word is "may": the Board acts by rulemaking.
The DEA's temporary order effective August 26, 2026 placed three semi-synthetic 7-OH-related compounds in federal Schedule I: mitragynine pseudoindoxyl, MGM-15 and MGM-16. As of October 11, 2026, neither the Board's Schedule I regulation, 18VAC110-20-322, nor its federal-conformity regulation, 18VAC110-20-323 (last amended effective September 23, 2026 to conform to other federal scheduling actions), names any of them. Federal Schedule I controls apply to those three compounds in Virginia while the order is in effect, and clause (vi) of subdivision (77) separately bars selling a kratom product adulterated with any substance listed as a controlled substance under state or federal law.
Federal kratom law
Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 version of 21 CFR 1308.11. The DEA temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026 (91 FR 54948). The DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document, according to the DEA's October 2026 notice. In its place, the DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection October 9, 2026 and scheduled for publication October 14, 2026) to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either one, or both combined, is above a threshold: more than 1 mg per gram in solid forms or more than 1 mg per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change". Neither notice is an order, and the DEA says neither new order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires (a temporary order expires after two years unless extended by up to one year) or is replaced by the new temporary orders, whichever comes first. The FDA's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food. Our kratom laws by state hub covers the federal layer in more detail.
Driving
Va. Code 18.2-266(iii) prohibits driving "while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely." See our guide to Virginia DUI laws.
Related
This article provides general legal information about Virginia state law as of October 11, 2026. It is not legal advice. Section 59.1-200 is amended often, and the Board of Pharmacy can change its schedules by regulation. For advice about a specific situation, contact a lawyer licensed in Virginia or the Office of the Attorney General of Virginia.
Last updated: 2026-10-11.
Frequently Asked Questions
Is kratom legal in Virginia?
Kratom is not listed in Virginia's Schedule I (Va. Code 54.1-3446). Its sale is regulated by Va. Code 59.1-200(A)(77), which bars selling kratom products to anyone under 21, without the required label and warning, or above the 7-OH cap.
What is the age limit for kratom in Virginia?
21. Since July 1, 2023, Va. Code 59.1-200(A)(77) has made it a prohibited practice to sell or offer for sale any kratom product to a person younger than 21 years of age. The rule is aimed at sellers; it does not create a possession offense for people under 21.
Did Virginia ban 7-OH?
Virginia caps 7-OH rather than scheduling it by name. A kratom product may not be sold if its 7-hydroxymitragynine exceeds one percent of total alkaloids in the container or one milligram per serving, or if it contains any synthesized material, semi-synthetic alkaloid or synthetic kratom-like compound (Va. Code 59.1-200(A)(77)(iv)-(v)). Virginia's controlled substance analog law (Va. Code 54.1-3401, 54.1-3456) does not name 7-OH, but it could be argued to reach a semi-synthetic 7-OH product.
Can stores sell kratom vapes in Virginia?
No. Va. Code 59.1-200(A)(77)(vii) makes it a prohibited practice to sell or offer for sale any kratom product that is combustible or intended for vaporization or injection.
What is the penalty for selling kratom to a minor in Virginia?
Subdivision (77) is enforced under the Virginia Consumer Protection Act. For a willful violation a court may impose a civil penalty of up to $2,500 per violation (Va. Code 59.1-206(A)), and a person who suffers loss may sue for actual damages or $500, whichever is greater (59.1-204(A)).
Is kratom a controlled substance in Virginia?
Kratom, mitragynine and 7-OH do not appear in Virginia's Schedule I or in the Board of Pharmacy's Schedule I regulation, 18VAC110-20-322. A 2024 petition asked the Board to add mitragynine and 7-OH to that regulation; the regulation still contains no such entry.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 59.1: Trade and Commerce
§ 59.1-200(Effective until October 1, 2026) Prohibited practicesIn force
A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful: 1. Misrepresenting goods or services as those of another; 2. Misrepresenting the source, sponsorship, approval, or certification of goods or services; 3. Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another; 4. Misrepresenting geographic origin in connection with goods or services; 5. Misrepresenting that goods or services have certain quantities, characteristics, ingredients, uses, or benefits; 6. Misrepresenting that goods or services are of a particular standard, quality, grade, style, or model; 7. Advertising or offering for sale goods that are used, secondhand, repossessed, defective, blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale that the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects, or "not first class"; 8.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
§ 59.1-206Civil penalties; attorney feesIn force
A. In any action brought under this chapter, if the court finds that a person has willfully engaged in an act or practice in violation of § 59.1-200 or 59.1-200.1, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $2,500 per violation. If the court finds that a person has willfully committed a second or subsequent violation of subdivision A 69, 70, 71, 72, 73, or 74 of § 59.1-200, the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town may recover for the Literary Fund, upon petition to the court, a civil penalty of not more than $5,000 per violation. B. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General, the attorney for the Commonwealth, or the attorney for the county, city, or town notifies the alleged violator by certified mail that an act or practice is a violation of § 59.1-200 or 59.1-200.1, and the alleged violator, after receipt of said notice, continues to engage in the act or practice. C.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Code of Virginia, Title 54.1: Professions and Occupations
§ 54.1-3446Schedule IIn forcecited in 2 of our articles
The controlled substances listed in this section are included in Schedule I: 1. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation: 1-{1-[1-(4-bromophenyl)ethyl]-4-piperidinyl}-1,3-dihydro-2H-benzimidazol-2-one (other name: Brorphine); 1-[2-methyl-4-(3-phenyl-2-propen-1-yl)-1-piperazinyl]-1-butanone (other name: 2-methyl AP-237); 1-(2-phenylethyl)-4-phenyl-4-acetyloxypiperidine (other name: PEPAP); 1-(4-cinnamyl-2,6-dimethylpiperazin-1-yl)propan-1-one (other name: AP-238); 1-methoxy-3-[4-(2-methoxy-2-phenylethyl)piperazin-1-yl]-1-phenylpropan-2-ol (other name: zipeprol); 1-methyl-4-phenyl-4-propionoxypiperidine (other name: MPPP); 2-[2-[(4-ethoxyphenyl)methyl]-5-nitrobenzimidazol-1-yl]-N-ethylethanamine (other name: N-desethyl etonitazene); 2-(4-ethoxybenzyl)-5-nitro-1-(2-(piperidin-1-yl)ethyl)-1H-benzimidazole (other names: N-piperidinyl etonitazene; etonitazepipne); 2-(4-ethoxybenzyl)-5-nitro-1-[2-(pyrrolidin-1-yl)ethyl]-1H-benzimidazole (other names:…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Are Magic Mushrooms Legal in Virginia? Psilocybin Laws (2026)
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Sources and References
- Va. Code 54.1-3446, Schedule I(law.lis.virginia.gov).gov
- Va. Code 59.1-200, Prohibited practices (subdivision A 77, kratom)(law.lis.virginia.gov).gov
- Virginia LIS, HB 360 (2026 Session; 2026 Va. Acts ch. 595) bill details(lis.virginia.gov).gov
- 2023 Va. Acts ch. 596 (Senate Bill 1108), kratom products(legacylis.virginia.gov).gov
- Virginia Regulatory Town Hall, Board of Pharmacy petition 409 (mitragynine and 7-hydroxymitragynine)(townhall.virginia.gov).gov
- 18VAC110-20-322, Placement of chemicals in Schedule I(law.lis.virginia.gov).gov
- Va. Code 59.1-206, Civil penalties(law.lis.virginia.gov).gov
- Va. Code 59.1-204, Individual action for damages or penalty(law.lis.virginia.gov).gov
- Va. Code 54.1-3443, Board to administer chapter(law.lis.virginia.gov).gov
- DEA temporary order: mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, 91 FR 54948 (Aug. 26, 2026)(federalregister.gov).gov
- 21 CFR 1308.11, Schedule I(ecfr.gov).gov
- DEA notice of intent: 7-hydroxymitragynine above a specified threshold, 91 FR 40917 (July 6, 2026)(federalregister.gov).gov
- DEA notice of intent, FR Doc. 2026-20943 (public inspection Oct. 9, 2026)(federalregister.gov).gov
- DEA notice of intent: MGM-15 and MGM-16 in Schedule I, FR Doc. 2026-20942 (public inspection Oct. 9, 2026)(public-inspection.federalregister.gov).gov
- FDA, FDA and Kratom(fda.gov).gov
- Va. Code 18.2-266, Driving motor vehicle while intoxicated(law.lis.virginia.gov).gov
- 18VAC110-20-323, Scheduling for conformity with federal law or rule(law.lis.virginia.gov).gov
- Va. Code 54.1-3456, Controlled substance analog(law.lis.virginia.gov).gov
- Va. Code 54.1-3401, Definitions (controlled substance analog)(law.lis.virginia.gov).gov