Is Kratom Legal in West Virginia?

Current Status

West Virginia has not banned kratom; it is legal for adults aged 21 and older. In fact, the state passed comprehensive legislation (SB 220, effective as of May 15, 2025) to regulate its sale, not prohibit it.

Current Legal Status and Regulations Kratom is a legal substance in West Virginia, not classified as a controlled substance at the state level. However, its sale and distribution are subject to strict regulations enforced by the state's Alcohol Beverage Control Administration (ABCA) and the Department of Agriculture. Key regulations include: Age Restriction: It is illegal to sell, distribute, or possess kratom if you are under the age of 21. Permitting: All businesses (manufacturers, distributors, and retailers) must obtain permits from the ABCA and register products with the West Virginia Department of Agriculture. Product Standards: Products must be accurately labeled, undergo third-party lab testing, and cannot contain synthetic additives or contaminants. Retail Compliance: Products must be stored behind the counter to prevent self-service by minors, and retailers must verify age with a government-issued ID for all sales. Penalties: Operating without a permit or selling to minors can result in fines, product seizure, permit suspension, and criminal charges. Important Considerations Local Variations: While there is no statewide ban, local municipalities may have specific ordinances, and individuals under court supervision might have restrictions on kratom use as a condition of their bond or probation. Federal Status: The U.S. Food and Drug Administration (FDA) has not approved kratom for medical use and has issued warnings regarding its safety and potential for addiction. The FDA has requested the Justice Department to consider classifying a potent compound found in some products (7-OH) as a Schedule I substance. Ongoing Discussions: The legal landscape remains dynamic, with ongoing debates in the state legislature and public advocacy groups continuing to push for either stricter bans or the maintenance of regulated access.