Is Kratom Legal in West Virginia? [2023 Update]

Yes, kratom is currently legal in West Virginia! However, recent developments mean that the plant’s legal status could be in doubt. And the lack of industry regulation in the Mountain State could put kratom at even greater risk.

So, what does the present situation mean for West Virginian kratom users, and how worried should you be about the efforts to impose a ban? As somebody familiar with kratom legislation and the state in question, I am well-placed to answer these queries.

As of February 2023, kratom is legal in WV. The state does not classify Mitragyna speciosa or any kratom compounds as controlled substances. That is enough to make kratom legal - there doesn’t need to be a law that allows kratom.

And this extends to everything kratom-related. Making products, selling them, buying them, consuming them, and simply being in possession of them - it’s all legal in West Virginia.

However, no legislation also means no regulation. While some states have cleaned up the industry by voting the Kratom Consumer Protection Act into law, West Virginia is not one of them. And the Wild West market arguably leaves kratom more open to being banned.

For now, though, kratom is legal in every jurisdiction of West Virginia. With no pesky ordinances in obscure towns to trip you up, you can confidently travel with kratom throughout the state.

The recent chatter over a West Virginia kratom ban has unsurprisingly sparked alarm. But the pending 2023 bill to make kratom a Schedule I drug is not the first time the substance has faced legal jeopardy. Let’s start by analyzing the previous bids to ban kratom in WV.

In 2018, a dozen West Virginia senators sponsored a bipartisan bill to reduce opiate use in the state. The legislation included making mitragynine and 7-HMG Schedule I controlled substances.

That kratom even came up in a bill about opiates shows how much misinformation is out there. Sure, kratom is often described as having opiate-like effects, but it is not an opiate. The kratom tree is from the coffee family - yes, that stuff millions of us drink every day!

West Virginia Senate Bill 2 (WV SB2) did not get very far, dying in the Senate Health & Human Resources Committee. But that was only the start of plans to restrict kratom in WV.

In early 2020, a bipartisan bill appeared to update the state’s lists of Schedule I and V controlled substances. West Virginia Senate Bill 847 (WV SB847) had 11 sponsors and covered numerous compounds rather than going after kratom specifically.

Not that it would have made much difference. WV SB847 sought to classify mitragynine and 7-HMG as Schedule I drugs under the hallucinogenic substances category. The bill came in for criticism, with people rightly pointing out that kratom is not a hallucinogen like LSD or mescaline.

WV SB847 made some progress, passing the West Virginia Senate with ease. Thankfully, the bill died in the House after being referred to the Health & Human Resources Committee.

In February 2022, Sen. Jack Woodrum (R) sponsored a bill to add kratom and delta-8 to WV’s Schedule I controlled substances list. West Virginia Senate Bill 666 (WV SB666) made little headway, dying in the Senate Health & Human Resources Committee.

That brings us up to date. Unfortunately, efforts to ban kratom in the Mountain State keep building momentum. Legislators have already introduced two bills targeting kratom directly. The Senate Judiciary held discussions in February 2023 to do the same.

West Virginia Senate Bill 225 (WV SB225) and West Virginia House Bill 3106 (WV HB3106) would both make kratom a Schedule I controlled substance in the state.

While I am wary of these bills, I am more worried about West Virginia Senate Bill 546 (WV SB546). This is a more general piece of legislation to update the state’s list of controlled substances. I anticipate lawmakers wanting to get it passed in some shape or form.

Worst of all, the Senate Judiciary is focused on three substances in particular: delta-10, delta-8, and kratom…

The bill’s lead sponsor, Sen. Mike Stuart (R) has compared the current availability of these substances to the early phases of the opioid epidemic. The concern is no shock given how hard West Virginia was hit by the opioid crisis, especially in rural areas.

Stuart has the support of a psychiatrist, a police lieutenant, and West Virginia’s Poison Control Center. However, others, including Sen. Mike Caputo (D) argued that regulation could be preferable to prohibition. Some commented on how they found kratom personally helpful to them.

Amy Minor, a regulatory director at the West Virginia Department of Agriculture, noted that the agency supports restricting the sale of these products to persons aged 18 and over.

The debate continues.

The current ban attempt re-emphasizes the importance of the Kratom Consumer Protection Act (KCPA). Encouragingly, pro-kratom lawmakers in West Virginia are alert to the Schedule I threat and have introduced a bill to pass the KCPA.

West Virginia Senate Bill 220 (WV SB220) is sponsored by three senators, including Sen. Woodrum, who previously wanted to make kratom a Schedule I drug!

The legislation would stop the sale of contaminated and adulterated kratom. It would also prohibit vendors from selling products to persons aged under 18. Anyone found violating the act would be subject to administrative fines, which increase with repeated offenses.

WV SB220 certainly has provisions that would allay the fears of some concerned lawmakers, particularly the minimum age requirement. And since some states have already passed the KCPA, West Virginia would not be taking a leap into the unknown if it did the same.

Honestly, I don’t know. The situation is uncertain, and there is too much happening to make any definitive predictions. But make no mistake: legal kratom is under threat in West Virginia.

The state is becoming a battleground between prohibition and regulation, with lawmakers on both sides trying to state their case. Somehow, I cannot see the status quo lasting much longer. I think West Virginia will move one way or the other.

When you thought matters could not get more complicated, the federal government comes into the picture! Changes to federal kratom law could have a knock-on effect in West Virginia.

The Drug Enforcement Administration (DEA) sees kratom as a Drug or Chemical of Concern. However, it is not currently pursuing plans to make kratom a controlled substance, as we saw in 2016. Meanwhile, some federal lawmakers are in favor of national regulation.

What will happen at the federal level? Click here to check out my thoughts.

Let's consider what the existing legal situation means for consumers. Right now, there are no barriers to buying kratom in the Mountain State. But finding reputable vendors and premium products can be tricky.

I recommend avoiding gas stations and convenience stores for your kratom needs. Such retailers are known for ripping people off, and worse, selling products that fall short of the quality I would expect.

Specialist kratom shops and niche botanical stores are a better bet, but you will likely still struggle to get value for money. Brick-and-mortar vendors are rarely able to compete with their online rivals on price.

That said, I appreciate that buying kratom in-store may be your preferred method. If so, you are not short of options in West Virginia. Check out these shops in Charleston, Charles Town, and Morgantown!

Smoke Zone Smoke Shop

433 Beechurst Ave, Morgantown, WV 26505

Charlies Too

835 E Washington St STE 101, Charles Town, WV 25414

Mr Smoke

4100 MacCorkle Ave SE, Charleston, WV 25304

West Virginia's kratom industry is going through a turbulent time. With bills to ban and regulate kratom currently in progress, it is fair to say that anything could happen.

With lawmakers considering what to do with kratom, they may want to hear from the public. Keep your eyes peeled for opportunities to sign pro-kratom petitions and make your voice heard!