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Is Kratom Legal in Washington? (2026 Law)

Independently fact-checkedBy Recording Law Editorial Team10 min read

Independently fact-checked against primary sources (last audited October 11, 2026). · 25 primary sources cited on this page. How we verify our legal content

Is Kratom Legal in Washington? (2026 Law)

Kratom is not listed as a controlled substance in Washington, and no Washington statute sets a minimum age for buying it or rules for how it is labeled or sold. Washington's Schedule I list in RCW 69.50.204 contains no entry for kratom, mitragynine or 7-hydroxymitragynine (7-OH), and the Pharmacy Quality Assurance Commission withdrew its 2024 proposal to schedule kratom on March 5, 2025 (WSR 25-06-091). Some Washington cities have adopted their own kratom sales rules. 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 Washington state law on kratom: the Uniform Controlled Substances Act schedules (RCW 69.50.204 through 69.50.212), the Pharmacy Quality Assurance Commission's Schedule I rule (WAC 246-945-051) and its withdrawn 2024 kratom rulemaking, the federal-adoption rule in RCW 69.50.201(d), the 2026 kratom bills, and the driving statute, with a short note on local rules and one paragraph on federal law. It does not cover individual city or county ordinances, tribal law, employer or school policies, military rules or other states' laws.

Kratom is not scheduled in Washington. RCW 69.50.204 lists Washington's Schedule I controlled substances, and its list contains no entry for kratom, mitragynine or 7-hydroxymitragynine. Schedules II through V (RCW 69.50.206, 69.50.208, 69.50.210 and 69.50.212) contain no kratom or mitragynine entry either.

The Pharmacy Quality Assurance Commission can add substances to the schedules by rule. Its rule listing additions to Schedule I, WAC 246-945-051, begins:

"In addition to the substances scheduled in RCW 69.50.204 the commission places each of the following controlled substances ... in Schedule I."

That rule (WSR 20-12-072, effective July 1, 2020, as amended by an emergency rule filed September 15, 2026, WSR 26-19-064, that added synthetic benzodiazepines) names no kratom compound. Because kratom and its alkaloids are not listed as controlled substances under state law, Washington's drug possession and delivery offenses in chapter 69.50 RCW do not reach them by name. Washington also treats a "controlled substance analog" intended for human consumption as a Schedule I substance (RCW 69.50.214), defined in RCW 69.50.101 as a substance substantially similar in structure to a Schedule I or II drug with a substantially similar depressant effect. The commission's 2025 determination that kratom and its active alkaloids did not meet the Schedule I tests (WSR 25-06-091) makes that route unlikely for kratom leaf, and RCW 69.50.214 bars an analog prosecution after a final determination that a substance should not be scheduled. That 2025 determination does not name semi-synthetic compounds such as mitragynine pseudoindoxyl, and the analog definition could be argued to reach a semi-synthetic 7-OH derivative.

Washington also has no kratom-specific statute. No section of the Revised Code of Washington sets a minimum age for kratom, requires kratom labels, registers kratom sellers or caps the amount of 7-OH in a product.

Did Washington try to ban kratom?

Yes, through the Pharmacy Commission, and it dropped the effort. After a petition, the commission filed a preproposal statement (CR-101) on August 22, 2024 to consider adding kratom to Schedule I (WSR 24-18-005). On March 5, 2025, it withdrew that filing. The withdrawal notice states:

Washington kratom laws: penalties and enforcement

"This CR-101 is being withdrawn because the commission determined that kratom and its active alkaloids did not meet the necessary tests to place a substance in Schedule I, per RCW 69.50.201 and 69.50.203."

The withdrawal is the commission's most recent published action on kratom scheduling. A new petition or rulemaking would start the process again.

Kratom bills in the 2026 Legislature

Three kratom bills were introduced in the 2025-26 biennium, and none became law:

BillLast action in the Legislature's records
House Bill 2291First reading and referral to the House Consumer Protection and Business Committee, January 12, 2026
Senate Bill 6196Referred to the Senate Ways and Means Committee, February 4, 2026
Senate Bill 6287Labor and Commerce Committee recommended a substitute bill (SSB 6287) "do pass" on February 3, 2026; referred to Ways and Means, February 4, 2026

Their current printed versions show what each would have done:

  • House Bill 2291, the proposed kratom consumer protection act, would have required state licenses for kratom retailers and processors, made selling or giving kratom to anyone under 21 a gross misdemeanor, and preempted local kratom licensing and retail sales rules.
  • Senate Bill 6196 would have taxed kratom products at 95 percent of the taxable sales price.
  • Substitute Senate Bill 6287 would have barred sales to anyone under 21, barred products in which 7-hydroxymitragynine is more than two percent of the alkaloid composition, and required labels to list the percentages of mitragynine and 7-OH in the product.

Because these bills did not pass, none of these licenses, age limits, taxes or product standards is Washington law.

Can a city ban kratom in Washington?

Washington's preemption statute for drug laws, RCW 69.50.611, provides that the state "fully occupies and preempts the entire field of setting penalties for violations of the controlled substances act," and it limits local laws "relating to controlled substances." Kratom is not listed as a controlled substance in Washington, so on a plain reading that statute does not reach local kratom rules; it does not settle whether any particular city rule is valid. State law still applies statewide. House Bill 2291 (2026) would have preempted local kratom licensing and retail sales rules, but it was not enacted.

Some Washington cities have adopted their own kratom sales rules. A city ordinance applies only inside that city, and state law still applies everywhere in Washington. Check your city's and county's municipal code for local rules.

Would federal scheduling change Washington law?

Washington's statute builds in a way to follow federal scheduling without a new act of the Legislature. RCW 69.50.201(d) provides that if a substance is designated, rescheduled or deleted as a controlled substance under federal law:

"the commission shall similarly control the substance under this chapter after the expiration of thirty days from the date of publication in the federal register of a final order designating the substance as a controlled substance or rescheduling or deleting the substance or from the date of issuance of an order of temporary scheduling under Section 508 of the federal Dangerous Drug Diversion Control Act of 1984, 21 U.S.C. Sec. 811(h), unless within that thirty-day period, the commission or an interested party objects to inclusion, rescheduling, temporary scheduling, or deletion."

If no one objects, the commission adopts and publishes a final rule without the usual findings and without a notice of proposed rulemaking. The mechanism runs through a commission rule; it is not automatic on the federal date.

The DEA's temporary order placing mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I took effect August 26, 2026, so the 30-day period under RCW 69.50.201(d) ran to about September 25, 2026. The commission was required to act on those three compounds unless an objection was made. The compiled text of WAC 246-945-051 does not list any of them, and the commission's September 15, 2026 emergency amendment to that rule (WSR 26-19-064) added only synthetic benzodiazepines. Kratom leaf, mitragynine and 7-OH are not in that federal order.

What penalties would apply if a kratom compound were scheduled?

No Washington drug offense names kratom today. If a kratom compound were added to Schedule I by rule, the general offenses in chapter 69.50 RCW would reach it by schedule:

Washington kratom laws: testing and adulteration rules

  • Possession: knowingly possessing a controlled substance is a gross misdemeanor under RCW 69.50.4013, punishable by up to 180 days in jail, a fine of up to $1,000, or both.
  • Manufacture, delivery or possession with intent: for a Schedule I, II or III substance outside the narcotic and amphetamine categories, RCW 69.50.401(2)(c) makes it a class C felony, which RCW 9A.20.021(1)(c) punishes by up to five years in a state correctional institution, a fine of up to $10,000, or both.

Washington has no kratom-specific penalty.

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. A 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. If an order issues, RCW 69.50.201(d) would bring it into play in Washington. 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, and the FDA has warned consumers not to use kratom because of the risk of serious adverse events. Our kratom laws by state hub covers the federal layer in more detail.

Driving after using kratom

Washington's DUI statute, RCW 46.61.502(1)(c), prohibits driving "while the person is under the influence of or affected by intoxicating liquor, cannabis, or any drug." See our guide to Washington DUI laws.

This article provides general legal information about Washington state law as of October 11, 2026. It is not legal advice. Pharmacy Commission rules, federal scheduling actions and local ordinances can change the rules quickly. For advice about a specific situation, contact a lawyer licensed in Washington or the Washington Pharmacy Quality Assurance Commission.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Washington State?

Kratom is not listed as a controlled substance in Washington. RCW 69.50.204 and the Pharmacy Commission's rule WAC 246-945-051 contain no entry for kratom, mitragynine or 7-OH, though some cities have adopted their own kratom sales rules.

Is 7-OH illegal in Washington?

No Washington statute or Pharmacy Commission rule schedules 7-hydroxymitragynine. Federally, a DEA notice of intent to temporarily schedule 7-OH above a threshold is pending, and RCW 69.50.201(d) directs the commission to follow a federal order by rule once 30 days have passed, unless the commission or an interested party objects within that period. Washington's controlled substance analog law (RCW 69.50.101, 69.50.214) does not name 7-OH, but it could be argued to reach a semi-synthetic 7-OH derivative.

What is the age limit for kratom in Washington?

Washington has no statewide kratom age limit. The 2026 kratom bills (HB 2291, SB 6196 and SB 6287) were not enacted.

Can a Washington city ban kratom sales?

Washington's drug-law preemption statute, RCW 69.50.611, covers the field of penalties under the controlled substances act and local laws relating to controlled substances. Kratom is not listed as a controlled substance, so on a plain reading the statute does not reach local kratom rules, though it does not settle whether a particular city rule is valid. Some cities have adopted their own kratom sales rules; a city rule applies only in that city, and state law still applies statewide.

Did Washington try to schedule kratom?

The Pharmacy Quality Assurance Commission opened rulemaking in August 2024 (WSR 24-18-005) and withdrew it on March 5, 2025, stating that kratom and its active alkaloids did not meet the tests for Schedule I (WSR 25-06-091).

Can you get a DUI for kratom in Washington?

RCW 46.61.502(1)(c) prohibits driving while under the influence of or affected by intoxicating liquor, cannabis, or any drug. See the Washington DUI laws guide for penalties.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. RCW 69.50.204, Schedule I(app.leg.wa.gov).gov
  2. WSR 25-06-091, withdrawal of kratom CR-101 (Pharmacy Quality Assurance Commission)(lawfilesext.leg.wa.gov).gov
  3. WAC 246-945-051, Schedule I additions(app.leg.wa.gov).gov
  4. WSR 26-19-064, emergency rule amending WAC 246-945-051 (synthetic benzodiazepines), Sept. 15, 2026(lawfilesext.leg.wa.gov).gov
  5. WSR 24-18-005, CR-101 on adding kratom to Schedule I(lawfilesext.leg.wa.gov).gov
  6. Washington State Legislature, HB 2291 status history (2025-26)(wslwebservices.leg.wa.gov).gov
  7. Washington State Legislature, SB 6196 status history (2025-26)(wslwebservices.leg.wa.gov).gov
  8. Washington State Legislature, SB 6287 status history (2025-26)(wslwebservices.leg.wa.gov).gov
  9. House Bill 2291 (2026), bill text(lawfilesext.leg.wa.gov).gov
  10. Senate Bill 6196 (2026), bill text(lawfilesext.leg.wa.gov).gov
  11. Substitute Senate Bill 6287 (2026), bill text(lawfilesext.leg.wa.gov).gov
  12. RCW 69.50.611, State preemption(app.leg.wa.gov).gov
  13. RCW 69.50.201, Authority to change schedules of controlled substances(app.leg.wa.gov).gov
  14. RCW 69.50.4013, Possession of controlled substance(app.leg.wa.gov).gov
  15. RCW 69.50.401, Manufacture, delivery or possession with intent(app.leg.wa.gov).gov
  16. RCW 9A.20.021, Maximum sentences for crimes(app.leg.wa.gov).gov
  17. 21 CFR 1308.11, Schedule I (eCFR)(ecfr.gov).gov
  18. DEA temporary order, mitragynine pseudoindoxyl, MGM-15 and MGM-16 (91 FR 54948)(federalregister.gov).gov
  19. DEA notice of intent, 7-hydroxymitragynine above a specified threshold (91 FR 40917)(federalregister.gov).gov
  20. DEA notice of intent, 7-hydroxymitragynine and mitragynine pseudoindoxyl above a threshold (FR Doc. 2026-20943, public inspection)(public-inspection.federalregister.gov).gov
  21. 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
  22. FDA, FDA and Kratom(fda.gov).gov
  23. RCW 46.61.502, Driving under the influence(app.leg.wa.gov).gov
  24. RCW 69.50.214, Controlled substance analog(app.leg.wa.gov).gov
  25. RCW 69.50.101, Definitions (controlled substance analog)(app.leg.wa.gov).gov
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