Is Kratom Legal in West Virginia? (2026 Law)

Kratom is not listed as a controlled substance in West Virginia: no state schedule names kratom, mitragynine or 7-hydroxymitragynine (7-OH), and the Select Plant-Based Derivatives Regulation Act: Kratom (W. Va. Code 19-12F) instead regulates who may sell it and to whom. Sellers need a Commissioner of Agriculture permit and approved, labeled products; knowingly selling or distributing kratom to anyone under 21 is a felony, a person under 21 who possesses it commits a misdemeanor, and a Department of Agriculture emergency rule (61 CSR 43, effective June 29, 2026) limits 7-OH in kratom products to no greater than 10 milligrams per dose. A concentrated or semi-synthetic 7-OH product could be treated as a Schedule II opiate if a court applied the state's effect-based opiate definition (W. Va. Code 60A-1-101(t)) to it; no West Virginia statute, rule or reported decision has done so. 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 West Virginia state law on kratom: the Select Plant-Based Derivatives Regulation Act: Kratom (W. Va. Code 19-12F-1 to 19-12F-12), the Department of Agriculture's emergency rule 61 CSR 43, the state's controlled-substance schedules (Chapter 60A, Article 2) with the opiate definition in 60A-1-101(t), and the Board of Pharmacy's role in following federal scheduling (60A-2-201), 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 West Virginia?

Kratom is regulated in West Virginia rather than listed by name in the state's schedules. The state's Schedule I (W. Va. Code 60A-2-204) and Schedules II through V (60A-2-206 to 60A-2-212) contain no entry for kratom, mitragynine, 7-OH, mitragynine pseudoindoxyl, MGM-15 or MGM-16, so the state's controlled-substance possession and delivery offenses do not reach them as listed substances.

West Virginia's Schedule II also covers "opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate" (60A-2-206(b)), and 60A-1-101(t) defines an opiate by its effect, as "any substance having an addiction-forming or addiction-sustaining liability similar to morphine." No West Virginia statute, rule or reported decision applies that definition to kratom, mitragynine or 7-OH, and the Legislature regulates natural-leaf kratom under Article 12F, but a prosecutor could argue that it reaches a concentrated or semi-synthetic 7-OH product, which falls outside the Article 12F definition of a kratom product.

What controls kratom is Chapter 19, Article 12F of the Code, enacted by 2023 Senate Bill 220 (Chapter 173, effective June 9, 2023) and amended in 2024 (Senate Bill 679, effective March 9, 2024) and 2026 (Senate Bill 985, effective June 12, 2026). Section 19-12F-2 states the Legislature's finding:

"The legislature finds that select plant-based derivatives, including kratom, can be regulated so as not to interfere with the strict regulation of controlled substances in this state."

The same section says the article's purpose is to allow limited regulated access to kratom for adults 21 years of age and older.

How does West Virginia define kratom?

Section 19-12F-3, as amended by Senate Bill 985, defines the two key terms:

"(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine. (6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile."

So under the statute, a "kratom product" is the natural leaf in whole, crushed or powdered form. A product synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile falls outside that definition.

The Department of Agriculture's emergency rule (61 CSR 43, section 2.18) uses the statute's natural-leaf definition and adds that kratom products "shall not include tablets, beverages, liquid shots, food products, or any other formulated or processed consumable delivery system."

The emergency rule applies the same line to registration. From June 12, 2026 the Department will not approve or register kratom products in forms other than whole, crushed or powdered leaf, "including but not limited to tablets, beverages, liquid shots, or food products" (61 CSR 43, 4.1.a). Products in those forms registered before June 12, 2026 may be sold or distributed only until December 31, 2026, unless sooner suspended or revoked (4.10). Offering an unregistrable product for sale is a Class I violation (10.2.a.6), and knowingly selling kratom not approved by the Commissioner is a crime under 19-12F-11(c). The rule also bars registration of kratom products that contain kava, psychoactive mushrooms, cannabinoids or other listed ingredients (3.1).

Who can sell kratom in West Virginia?

Only permit holders. Section 19-12F-4(a) provides:

"(a) Any person manufacturing, processing, distributing, offering for sale, or selling any kratom or kratom products in this state shall have a permit issued by the commissioner and be otherwise authorized to do business in this state."

The permit requirement reaches out-of-state remote sellers who sell into West Virginia, and sellers also need a West Virginia business registration certificate. The Commissioner of Agriculture keeps public lists of permit holders and of the kratom products approved for sale or distribution in the state (19-12F-4(g)). The Department of Agriculture's hemp and kratom products page links its Kratom Registered Retail Sellers List and Kratom Registered Product List.

The article also sets the money side of a permit:

• Application fee: $1,500, non-refundable, with an annual fee of $300 (19-12F-8).
• Privilege tax: 11 percent of the retail sales price of kratom or kratom products sold during the reporting period (19-12F-7(a)).

Labels and approved products

Kratom may not reach a consumer without an approved label. Section 19-12F-9a(c) states: "Kratom and kratom products may not be sold to the final consumer in this state without an approved label." The Commissioner may prescribe labeling, and the statute requires the rules to include, at a minimum, a statement telling consumers to keep the product out of reach of children and to consult a physician before use if pregnant or taking any medication (19-12F-5(a)(6)).

Under 61 CSR 43 (section 7.12), labels must also declare "NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 21," along with other warnings the rule lists, and section 7.11 requires the label to state the mitragynine and 7-OH content in milligrams.

Is there an age limit for kratom in West Virginia?

Yes: 21, and it binds both sellers and young buyers. The age rule, the under-21 possession offense and the felony for selling to under-21s were part of the original 2023 act.

Sellers. Section 19-12F-11(e) makes it a felony to knowingly distribute or sell kratom to a person under 21. The Department's rule repeats the point, stating that kratom products cannot be legally sold to anyone under 21 (61 CSR 43, section 8.4).

Online and other remote sales. Since June 12, 2026, section 19-12F-6(a) has required any website of a person who sells kratom to people in West Virginia to "prove that an individual is 21 years of age or older." The buyer must provide digital identification or comply with a commercial or governmental age-verification system, or the seller may use a commercially reasonable method that relies on transactional data. Non-in-person sales must use a mechanism the Commissioner approves. Before Senate Bill 985, the 2023 text allowed "an age-gate, age-screen, or other age-verification mechanism approved by the commissioner."

People under 21. West Virginia makes it an offense for a person under 21 to possess kratom. Section 19-12F-11(f)(1) provides:

"(f)(1) Any person under the age of 21 who possesses kratom or a kratom product is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail for not more than one year, or both fined and confined."

A second or later violation is a felony under 19-12F-11(f)(2).

Is 7-OH illegal in West Virginia?

7-OH is not listed by name in West Virginia's schedules, but the Department of Agriculture's emergency rule limits it in kratom products. Section 2.18 of 61 CSR 43 states: "The legal limit of 7-hydroxymitragynine (7-OH) must be no greater than 10 milligrams per dose."

The limit first appeared in the Department's earlier rule, 61 CSR 30 (effective April 20, 2026), which the Legislature authorized in 2026 House Bill 4265 (Chapter 220, effective from passage on March 14, 2026). In authorizing that rule, the Legislature replaced the 7-OH limit in the filed version, "2.0 percent and naturally derived," with the 10 milligrams per dose figure. The Department then moved kratom into a separate emergency rule, 61 CSR 43, filed June 24, 2026 and effective June 29, 2026, and an emergency amendment to 61 CSR 30 effective August 11, 2026 removed kratom from that rule.

An emergency rule is effective for not more than 15 months (W. Va. Code 29A-3-15). On July 30, 2026 the Department filed an agency-approved version of 61 CSR 43 with the Secretary of State.

Section 10.2.a.2 of 61 CSR 43 makes "offering for sale kratom or kratom products with 7-hydroxymitragynine over 10 milligrams per dose and non-naturally occurring and fully synthetic products" a Class I violation. The figure is a regulatory ceiling on what a product may contain. It is not a safety finding.

Separately, the statute's own definition leaves out any product "synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile" (19-12F-3(6)), so concentrated 7-OH products are not "kratom products" within the article, and the emergency rule bars their registration for sale (61 CSR 43, 4.1.a).

What are the penalties for kratom violations in West Virginia?

Section 19-12F-11 sets the criminal penalties. Subsections (a) through (f) have read the same since the 2023 act; Senate Bill 985 rewrote the administrative sanctions in subsection (g).

Subsections (b) and (d) both address contaminated kratom, with different mental states and different ranges; the statute sets both.

Administrative sanctions on permit holders. Since Senate Bill 985, subsection (g)(1) sets mandatory sanctions for violations "described in subsection (f)": a 30-day suspension and a $2,000 fine for a first violation, a 60-day suspension and a $5,000 fine for a second, and permanent revocation and a $10,000 fine for a third. The Commissioner may add fines of up to $1,000 per violation per permit or refuse a permit (g)(2), and notifies the Tax Department to revoke the business registration (g)(3). Senate Bill 985 also added section 19-12F-12, which deals with software reporting, including referrals to prosecutors and the Tax Department.

Seizure. Under 19-12F-10(a), any kratom or kratom product found in the state in violation of the article "is hereby declared contraband" and is subject to seizure, forfeiture and destruction. Law-enforcement officers enforce the criminal provisions, and Alcohol Beverage Control Administration agents enforce the administrative provisions for retailers.

Rule penalties. The Department's emergency rule 61 CSR 43 sets an administrative schedule. A first Class I violation (for example, 7-OH over the limit or an unregistrable product) brings a $1,000 fine per violation, embargo and destruction of the products, and an immediate summary suspension or embargo order. Class II fines are $400, then $800, then $1,000 with a suspension or embargo order; Class III fines are $200, then $500, then $1,000. A retailer, distributor or manufacturer that fails to register is notified and its products embargoed and destroyed on a first offense; a second offense within a year brings a $1,000 fine and one year of ineligibility for a permit, and a third brings a $1,000 fine and permanent ineligibility to register (61 CSR 43, sections 10 and 11). The rule does not limit the criminal penalties in 19-12F-11 (10.10).

A criminal conviction under 19-12F-11 creates a record; our page on West Virginia expungement laws explains how record relief works in the state.

Recent changes and bills that did not pass

• Senate Bill 985 (2026). Passed March 14, 2026, approved by the Governor April 1, 2026, Chapter 5, Acts 2026, effective June 12, 2026. It amended 19-12F-3, 19-12F-6 and 19-12F-11 and added 19-12F-12. The bill status page holds the history and enrolled text.
• House Bill 4265 (2026). Authorized the Department of Agriculture's rule 61 CSR 30, which became effective April 20, 2026.
• Emergency rule 61 CSR 43 (2026). Filed June 24, 2026 and effective June 29, 2026, it now carries the kratom rules, including the 7-OH limit and the natural-leaf product forms; an emergency amendment effective August 11, 2026 removed kratom from 61 CSR 30. An emergency rule lasts no more than 15 months (29A-3-15).
• Bills that did not become law. House Bill 4459, introduced January 16, 2026, would have repealed Article 12F and classified kratom as a Schedule I substance; it remained in the House Health and Human Resources Committee. Several other 2026 bills on kratom, including proposals to move enforcement to the Alcohol Beverage Control Administration and to prohibit vape-lookalike products, also stayed in committee when the regular session ended on March 14, 2026. None of them is law.

Does federal scheduling change West Virginia's schedules?

Not automatically. Under W. Va. Code 60A-2-201(d), federal action leads to a recommendation to the Legislature:

"(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal laws and notice thereof is given to the Board of Pharmacy, the board shall recommend similar control of such substance to the Legislature, specifically stating that such recommendation is based on federal action and the reasons why the federal government deemed such action necessary and proper."

Between sessions, section 60A-2-201(a) lets the Board of Pharmacy act on an emergency basis only "based upon the recommendations and approval of the federal food, drug and cosmetic agency." West Virginia's statutory schedules name none of the three compounds in the DEA's August 26, 2026 temporary order. The Board of Pharmacy's controlled-substances rule (15 CSR 2) was last amended effective July 1, 2025, and no 2026 Board rule adding these compounds appears in the Secretary of State's Code of State Rules. Federal Schedule I controls on those three compounds apply in West Virginia while the federal order is in effect.

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. A DEA temporary order (FR Doc. 2026-17429) placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026. 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

West Virginia's DUI statute defines an "impaired state" to include a person who "(B) Is under the influence of any controlled substance; (C) Is under the influence of any other drug or inhalant substance" (W. Va. Code 17C-5-2(a)(1)). Because kratom is not listed in West Virginia's schedules, the any-other-drug clause is the one that most clearly reaches it. See our guide to West Virginia DUI laws.

Related

• Kratom laws by state
• West Virginia DUI laws
• West Virginia expungement laws
• West Virginia psilocybin mushroom laws

This article provides general legal information about West Virginia state law as of October 11, 2026. It is not legal advice. Statute text comes from the current West Virginia Code on the Legislature's website and the rule text from the emergency rule 61 CSR 43 as filed with the Secretary of State. For advice about a specific situation, contact a lawyer licensed in West Virginia or the West Virginia Department of Agriculture.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in West Virginia?

Kratom is not listed as a controlled substance in West Virginia. It is regulated under W. Va. Code 19-12F: sellers need a Commissioner of Agriculture permit and approved, labeled products, and sales to anyone under 21 are a felony.

What is the age limit for kratom in West Virginia?

21. Knowingly selling or distributing kratom to a person under 21 is a felony, and a person under 21 who possesses kratom commits a misdemeanor on a first offense (W. Va. Code 19-12F-11(e), (f)).

Is 7-OH illegal in West Virginia?

7-OH is not listed by name in West Virginia's controlled-substance schedules, although a concentrated or semi-synthetic 7-OH product could be treated as a Schedule II opiate if a court applied the effect-based definition in W. Va. Code 60A-1-101(t) to it. The Department of Agriculture's emergency rule 61 CSR 43, effective June 29, 2026, sets a legal limit of no greater than 10 milligrams of 7-OH per dose for kratom products and makes offering kratom products over that limit for sale a Class I violation.

What happens if someone under 21 is caught with kratom in West Virginia?

A first offense is a misdemeanor punishable by a fine of up to $1,000, up to one year in jail, or both. A second or later offense is a felony punishable by a fine of up to $5,000, 1 to 3 years in a state correctional facility, or both (W. Va. Code 19-12F-11(f)).

Do kratom sellers need a license in West Virginia?

Yes. W. Va. Code 19-12F-4 requires anyone manufacturing, processing, distributing, offering for sale or selling kratom in the state to hold a permit from the Commissioner of Agriculture. Selling or distributing without one is a misdemeanor on a first offense and a felony after that.

Can kratom be sold online to West Virginia residents?

Only with age verification. Since June 12, 2026, W. Va. Code 19-12F-6 requires a seller's website to prove the buyer is 21 or older through digital identification or a commercial or governmental age-verification system.

Is West Virginia going to ban kratom?

No ban is in current law. A 2026 bill, House Bill 4459, would have repealed the kratom article and classified kratom as a Schedule I substance, but it did not pass before the 2026 regular session ended on March 14, 2026.