West Virginia legislation · 2026 Regular Session
West Virginia SB985: Relating to registration and enforcement of kratom products
Status: Signed into law, April 1, 2026
What the bill says
An act to amend and reenact §19-12F-3, §19-12F-6, and §19-12F-11 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §19-12F-12, relating to the registration and enforcement of kratom products; amending definitions; requiring age verification; requiring the Department of Agriculture to notify the Tax Department on certain violations; clarifying administrative penalties; and requiring the Department of Agriculture to employ a software management system. ARTICLE 12F. SELECT PLANT-BASED DERIVATIVES REGULATION ACT: KRATOM. §19-12F-3. Definition.
From the enrolled text, March 14, 2026:
AN ACT to amend and reenact §19-12F-3, §19-12F-6, and §19-12F-11 of the Code of West Virginia, 1931, as amended; and to amend the code by adding a new section, designated §19-12F-12, relating to the registration and enforcement of kratom products; amending definitions; requiring age verification; requiring the Department of Agriculture to notify the Tax Department on certain violations; clarifying administrative penalties; and requiring the Department of Agriculture to employ a software management system. ARTICLE 12F. SELECT PLANT-BASED DERIVATIVES REGULATION ACT: KRATOM. §19-12F-3. Definitions. (1) "Alcohol Beverage Control Administration Commissioner" means the West Virginia Alcohol Beverage Control Administration Commissioner or his or her designee. (2) "Commissioner" means the Commissioner of Agriculture or his or her designee. (3) "Contaminated" means made impure and unsafe by biological, chemical, or physical additives. (4) "Department" or "Department of Agriculture" means the West Virginia Department of Agriculture. (5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine. (6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile. (7) "Grower" …