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Status verified June 19, 2026 – No legislative changes detected.
Is Kratom Legal in West Virginia?
Current Status
West Virginia House Bill 4459, introduced on February 18, 2026, seeks to repeal the existing Select Plant-Based Derivatives Regulation Act and classify kratom and its components as Schedule I controlled substances, which would effectively ban kratom statewide.
Kratom legality varies by state. View the interactive map for all 50 states, or see other pending states in the Related States section below.
What Merchants Need to Know
- Age verification required (21+) for all sales
- Lab testing recommended for all products
- Labeling must comply with state standards
Recent Updates for West Virginia
West Virginia Kratom Legal Status Update
| Bill | HB 4459 |
|---|---|
| Title | West Virginia House Bill 4459 was introduced on February 18, 2026, by Delegate Scot Heckert and others. The bill proposes to amend the Uniform Controlled Substances Act by adding kratom and its active compounds (mitragynine and 7-hydroxymitragynine) to Schedule I of controlled substances, thus making its possession, manufacture, and distribution illegal. This action would repeal the current Select Plant-Based Derivatives Regulation Act, moving kratom from a regulated (RESTRICTED) status to a banned status. The bill is currently in the legislative process, awaiting further committee review. |
| Status | — |
West Virginia Kratom Legal Status Update
| Bill | SB985 |
|---|---|
| Title | Relating to registration and enforcement of kratom products |
| Status | In progress |
| Last action | Approved by Governor 4/1/2026 - House Journal (2026-03-14) |
| Sponsors | Darren Thorne; Vince Deeds; Mike Azinger |
West Virginia Kratom Legal Status Update
| Bill | W. Va. Code R. § 61-30 (Emergency Amendment to Emergency Rule) |
|---|---|
| Title | The database listed West Virginia as 'Currently PENDING.' However, the state has moved to a 'RESTRICTED' status with a regulatory framework already in place as of May 15, 2025. An emergency amendment to an emergency rule was filed on March 10, 2026, by the West Virginia Alcohol Beverage Control Administration, related to 'Permitting and Registration of hemp and kratom products or extracts.' This amendment clarifies existing provisions, improves regulatory effectiveness, and sets a legal limit for 7-hydroxymitragynine at no greater than 2.0% in naturally derived kratom products. This indicates a definite shift from 'PENDING' to an actively 'RESTRICTED' and regulated environment, with specific new rules enacted within the last 180 days. |
| Status | — |
West Virginia Kratom Legal Status Update
West Virginia House Bill 4459, introduced on January 16, 2026, proposes to classify kratom as a Schedule I controlled substance, which would result in a statewide ban on its possession, manufacture, and distribution. The bill was referred to the House Health and Human Resources committee on February 18, 2026.
West Virginia Kratom Legal Status Update
West Virginia has adopted a Kratom Consumer Protection Act (KCPA) and bans sales to persons under 21 years of age.
Read more →Related States
Other states where kratom is pending
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