Spokane Defers Kratom Ban as Washington State Eyes Comprehensive Regulation: A Critical Update for Merchants

Spokane Defers Kratom Ban as Washington State Eyes Comprehensive Regulation: A Critical Update for Merchants

Spokane, WA – In a significant development for the kratom industry, the Spokane City Council has opted to defer its proposed citywide ban on kratom, signaling a potential shift towards state-level regulation in Washington. The council's decision, made on January 26, 2026, comes as the Washington State Legislature actively considers multiple bills aimed at establishing a statewide regulatory framework for the botanical. This deferral offers a temporary reprieve for Spokane-area kratom merchants and consumers, but also underscores the urgent need for proactive compliance in anticipation of impending state laws.

What Happened: A Pause for State Action

Spokane Mayor Lisa Brown had initially advocated for a citywide ban, citing concerns over "substantial harm" and a "vertical spike" in calls to the poison center related to kratom use. However, the City Council chose to defer action for at least two months, acknowledging the ongoing legislative efforts at the state level. This move suggests a preference for a unified state approach over a fragmented patchwork of local prohibitions.

Currently, two key bills are under consideration in the Washington State Senate: SB 6196 and SB 6287. SB 6287 proposes to prohibit the sale of kratom products to individuals under 21 years old and establish comprehensive product labeling standards. It also notably reserves the right for local jurisdictions to enact even stricter rules or outright bans. Meanwhile, SB 6196 introduces a substantial 95% tax on kratom products, with revenues earmarked for a Youth Harmful Substance Prevention fund, and mandates that kratom distributors be licensed by the state Liquor and Cannabis Board. Additionally, House Bill 2291, the Kratom Consumer Protection Act, prefiled on January 7, 2026, also aims to regulate the production and sale of kratom, prohibiting adulterated or contaminated products and setting an age limit of 21.

Why It Matters to Kratom Merchants and Consumers

For kratom merchants in Washington, this deferral represents a brief moment of stability, preventing an immediate ban that could have crippled local businesses. For consumers, it means continued access to kratom products, at least for the time being. However, the legislative discussions signal an inevitable move towards a more regulated market. The American Kratom Association (AKA) has voiced concerns about the punitive nature of SB 6196, particularly the proposed 95% tax and potential felony charges for certain violations, while still supporting responsible age-gating and labeling requirements. The implications of these bills, if passed, are profound, potentially reshaping the entire kratom landscape in Washington.

Compliance Implications and What High-Risk Merchants Need to Know

The prospect of statewide regulation brings significant compliance implications. Merchants must prepare for:

1. Age Restrictions: A statewide age limit of 21 for kratom sales appears highly likely. Robust age verification systems will become non-negotiable.
2. Labeling Standards: Expect stringent requirements for product labeling, including information on ingredients, alkaloid content, serving sizes, and warning labels. This aligns with best practices advocated by the AKA's Good Manufacturing Practices (GMP) program.
3. Licensing: SB 6196 proposes licensing for kratom distributors through the state Liquor and Cannabis Board, indicating a potential shift towards a more controlled distribution model.
4. Local vs. State Authority: While state regulation aims for uniformity, the provision in SB 6287 allowing local jurisdictions to impose stricter rules means merchants must remain vigilant about both state and local ordinances.

For high-risk merchants, adherence to these emerging regulations is paramount for maintaining payment processing relationships and overall business viability. Payment processors view the kratom industry with caution due to its evolving legal status and lack of federal oversight. Demonstrating proactive compliance can mitigate this risk.

The Imperative of COAs, Lab Testing, and Regulatory Compliance

High-risk kratom merchants must prioritize:

• Certificates of Analysis (COAs): These are no longer optional; they will be critical for proving product safety and compliance. COAs must be readily available for all products, detailing purity, potency, and the absence of contaminants.
• Independent Lab Testing: The proposed HB 2291 explicitly mentions the need for "independent testing laboratory... accredited by a third-party accrediting body as a competent testing laboratory under ISO/IEC 17025." This highlights the increasing demand for rigorous, unbiased third-party testing to verify alkaloid content (mitragynine and 7-hydroxymitragynine), and screen for heavy metals, pathogens, and adulterants. Investment in reputable, ISO/IEC 17025-accredited labs will be essential.
• Proactive Regulatory Adherence: Even before laws are finalized, merchants should align operations with anticipated regulations and existing industry best practices, such as those outlined by the AKA's GMP program. This includes maintaining meticulous records, ensuring transparent sourcing, and implementing robust quality control protocols.

The Spokane deferral offers a window of opportunity for the kratom industry in Washington to prepare for a regulated future. Merchants who embrace stringent compliance, particularly regarding COAs and independent lab testing, will be best positioned to navigate the evolving legal landscape and secure their place in a legitimate, regulated market.