Washington State Debates Sweeping Kratom Regulations, Eyeing High Taxes and Strict Compliance

Washington State Debates Sweeping Kratom Regulations, Eyeing High Taxes and Strict Compliance

Olympia, WA – January 31, 2026 – The future of kratom in Washington State is at a critical juncture following a recent public hearing in Olympia on proposed legislation aimed at regulating the botanical substance and protecting youth. The debate, held by the Senate Labor and Commerce Committee on Monday, January 26, 2026, signals a significant shift towards tighter oversight, with potential profound impacts on kratom merchants and consumers statewide.

What Happened: A Push for Regulation and Taxation

Lawmakers are considering several bills, most notably Senate Bill 6196 (SB 6196) and House Bill 2291 (HB 2291). SB 6196, sponsored by Sen. Rebecca Saldaña, proposes a drastic 95% excise tax on kratom products, with the generated revenue earmarked for a Youth Harmful Substance Prevention fund. This bill would also mandate licensing for kratom distributors and retailers through the state's Liquor and Cannabis Board, requiring background checks and regular compliance reviews. Furthermore, it outlines strict labeling standards, recordkeeping requirements for sales and shipments, and imposes felony charges for operating without the proper licensure.

Separately, HB 2291, a version of the Kratom Consumer Protection Act (KCPA), seeks to prohibit the sale of kratom to individuals under 21 years of age and makes it unlawful to open or consume kratom products in public places. It also includes provisions against "attractive to children" packaging and mandates independent lab testing by ISO/IEC 17025 accredited facilities.

The American Kratom Association (AKA), represented by Tony Sermanti, voiced opposition to the extensive measures proposed in SB 6196. While the AKA supports age-gating to 21+ and clear labeling, it argues against the exorbitant tax, felony charges, and burdensome five-year record retention requirements. Currently, kratom is legal in Washington for adults 18 and older, with no statewide regulations concerning testing, labeling, or purity. This legislative push comes as the City of Spokane separately considers an outright ban on kratom, highlighting a divergent approach to the substance within the state.

Why It Matters to Kratom Merchants and Consumers

For kratom merchants, these proposed regulations could dramatically reshape the industry. The 95% excise tax, if enacted, would lead to a near doubling of product prices, directly impacting consumer affordability and potentially shrinking the market. The new licensing requirements, coupled with felony penalties for non-compliance, introduce a significant barrier to entry and operational risk. Consumers, in turn, would face substantially higher costs and restricted access due to the age limit of 21. While the introduction of testing and labeling standards could lead to safer products, the overall cost and availability may deter many.

Compliance Implications for High-Risk Merchants

The compliance implications for high-risk kratom merchants are substantial and necessitate immediate attention.

1. Mandatory Licensing: Prepare to apply for and maintain licenses from the Washington State Liquor and Cannabis Board, including undergoing thorough background checks and regular compliance audits.
2. Age Verification: Implement robust age verification systems for all sales, both online and in brick-and-mortar stores, to strictly enforce the 21+ age restriction.
3. Product Adulteration: The proposed bills explicitly prohibit the sale of adulterated, contaminated, or synthetic kratom products. Merchants must ensure their supply chain is impeccable, sourcing only from reputable vendors.
4. Labeling Standards: Anticipate stringent labeling requirements. Products will need to clearly identify all ingredients, list active compound amounts (e.g., mitragynine and 7-hydroxymitragynine), and include appropriate warnings. Packaging must also avoid designs that could be "attractive to children."
5. Record Retention: Be prepared for a mandate to maintain detailed sales and shipment records for an extended period, potentially up to five years.
6. Public Consumption Restrictions: Educate staff and customers on potential prohibitions against opening or consuming kratom products in public places.

The Crucial Role of COAs and Lab Testing

For high-risk merchants, Certificates of Analysis (COAs) and robust lab testing will become non-negotiable cornerstones of compliance. Every batch of kratom product must be accompanied by a comprehensive COA from an independent, ISO/IEC 17025 accredited laboratory. These COAs must verify the product's purity, confirming the absence of dangerous non-kratom substances, heavy metals, pesticides, and microbial contaminants. Equally important is the accurate quantification of key alkaloids, particularly mitragynine and 7-hydroxymitragynine, to ensure product consistency and prevent mislabeling. Proactive engagement with accredited third-party labs is essential to prepare for these impending regulatory demands and ensure product safety and transparency in the evolving Washington State market.