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West VirginiaSB 9852026 Regular SessionSenateWALLET

Relating to registration and enforcement of kratom products

Sponsored By: Darren Thorne (Republican)

Signed by Governor

§19-12F-3§19-12F-6§19-12F-11§19-12F-12

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 4 costs, 0 mixed.

Criminal penalties for under‑21 possession

Anyone under 21 who possesses kratom commits a crime. A first offense is a misdemeanor with up to a $1,000 fine or up to one year in jail. Second and later offenses are felonies with up to a $5,000 fine and 1 to 3 years in prison.

Felonies for selling contaminated kratom

Making or selling kratom you know, or should know, is contaminated is a felony. Penalties can be up to a $10,000 fine and 2 to 10 years in prison in some cases. Other cases carry $10,000 to $25,000 in fines and 1 to 5 years in prison, or both. The law targets products tainted with toxic or illegal substances.

No kratom sales to under‑21; age checks

Businesses cannot sell or give kratom to anyone under 21. Knowingly selling to under‑21s is a felony with up to a $5,000 fine and 1 to 5 years in prison. If you sell online or ship orders, you must verify the buyer is 21 using digital ID or another Commissioner‑approved age‑check system. License penalties escalate: first offense 30‑day suspension and $2,000 fine; second 60‑day suspension and $5,000 fine; third permanent revocation and $10,000 fine.

Kratom businesses need permits and approvals

Kratom businesses must hold a state permit and sell only products approved by the Commissioner of Agriculture. A first offense for operating without a permit can bring up to a $1,000 fine or up to one year in jail. Selling an unapproved product brings a $1,000 to $5,000 fine and up to one year in jail for a first offense; later offenses are felonies with up to a $5,000 fine and 1 to 5 years in prison. The Commissioner can fine permit holders up to $1,000 per violation or deny permits, and can sanction agents acting for a violator. The agency tracks registrations, inspections, and referrals, and tells the Tax Department about violations so your business license can be reviewed or revoked.

Undercover kratom buys for enforcement

Law‑enforcement agents, and adults working for them, may buy or possess kratom during investigations. This allows controlled or undercover purchases for enforcement.

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Sponsors & Cosponsors

Sponsor

  • Darren Thorne

    Republican • Senate

Cosponsors

  • Mike Azinger

    Republican • Senate

  • Vince Deeds

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 128 • No: 0

House vote • 3/14/2026

Passed House (Roll No. 615)

Yes: 95 • No: 0

Senate vote • 3/4/2026

Passed Senate (Roll No. 348)

Yes: 33 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026Senate

  2. To Governor 3/18/2026

    3/18/2026Senate

  3. On 3rd reading, Special Calendar

    3/14/2026House

  4. Read 3rd time

    3/14/2026House

  5. Passed House (Roll No. 615)

    3/14/2026House

  6. Communicated to Senate

    3/14/2026House

  7. Completed legislative action

    3/14/2026House

  8. House Message received

    3/14/2026Senate

  9. To Governor 3/18/2026 - Senate Journal

    3/14/2026Senate

  10. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  11. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  12. On 3rd reading with right to amend, Special Calendar

    3/13/2026House

  13. On 2nd reading, Special Calendar

    3/12/2026House

  14. Read 2nd time

    3/12/2026House

  15. Markup Discussion

    3/11/2026House

  16. Do pass, but first to Finance

    3/11/2026House

  17. 2nd reference dispensed

    3/11/2026House

  18. Immediate consideration

    3/11/2026House

  19. Read 1st time

    3/11/2026House

  20. House received Senate message

    3/5/2026House

  21. Introduced in House

    3/5/2026House

  22. To Judiciary then Finance

    3/5/2026House

  23. To House Judiciary

    3/5/2026House

  24. On 3rd reading

    3/4/2026Senate

  25. Read 3rd time

    3/4/2026Senate

Bill Text

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