Kratom Laws in West Virginia

How West Virginia law treats kratom, from the state code and official state agencies.

Short answer: Legal for adults 21 and older, under a permit system run by the Commissioner of Agriculture. Anyone who makes, processes, distributes or sells kratom needs a permit, products and labels must be approved, and online sellers must verify that buyers are 21 or older. W. Va. Code §§ 19-12F-3, 19-12F-4, 19-12F-6, 19-12F-9a, 19-12F-11

Kratom	Legal for adults 21 and older, under a permit system run by the Commissioner of Agriculture. Anyone who makes, processes, distributes or sells kratom needs a permit, products and labels must be approved, and online sellers must verify that buyers are 21 or older. The law defines a 'kratom product' as the natural leaf in simple physical form and excludes products synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile. Selling without a permit is a misdemeanor (up to 1 year and/or $1,000; felony for repeat violations); knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses kratom commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony. Also: https://code.wvlegislature.gov/19-12F-3/ ; the code site's bill history lists 2026 SB 985 for § 19-12F-3. Source: W. Va. Code §§ 19-12F-3, 19-12F-4, 19-12F-6, 19-12F-9a, 19-12F-11

Kratom

Legal for adults 21 and older, under a permit system run by the Commissioner of Agriculture. Anyone who makes, processes, distributes or sells kratom needs a permit, products and labels must be approved, and online sellers must verify that buyers are 21 or older. The law defines a 'kratom product' as the natural leaf in simple physical form and excludes products synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile. Selling without a permit is a misdemeanor (up to 1 year and/or $1,000; felony for repeat violations); knowingly selling to a person under 21 is a felony (1 to 5 years and/or up to $5,000); and a person under 21 who possesses kratom commits a misdemeanor (up to 1 year and/or $1,000), with later violations a felony.

Also: https://code.wvlegislature.gov/19-12F-3/ ; the code site's bill history lists 2026 SB 985 for § 19-12F-3.

Source: W. Va. Code §§ 19-12F-3, 19-12F-4, 19-12F-6, 19-12F-9a, 19-12F-11

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FAQ

Is kratom legal in West Virginia?

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.