Washington State Eyes Sweeping Kratom Regulations: A Call for Heightened Compliance

Washington State Eyes Sweeping Kratom Regulations: A Call for Heightened Compliance

OLYMPIA, WA – February 3, 2026 – The kratom industry is on high alert as Washington state lawmakers actively consider a trio of legislative proposals that could dramatically reshape the landscape for kratom merchants and consumers. These bills, which were scheduled for committee votes the week of February 2, 2026, range from imposing steep taxes and strict licensing to outright bans on certain products, underscoring a growing trend of increased scrutiny on this botanical supplement.

What Happened: Washington's Legislative Push

Washington's legislative session has brought forth three significant bills targeting kratom. Senate Bill 6196 proposes a substantial 95% excise tax on kratom at the distributor level and mandates licensing through the state's Liquor and Cannabis Board. Revenue generated would reportedly fund youth prevention programs. A second measure, Senate Bill 6287, aims to prohibit the sale of kratom products containing synthetic 7-hydroxymitragynine (7-OH) or more than two percent of the compound, establish an age restriction of 21 and older for sales, and require comprehensive ingredient labeling. This bill also grants local jurisdictions the power to enact stricter regulations or outright bans. Finally, a third proposal seeks to establish a version of the Kratom Consumer Protection Act (KCPA), which would ban synthetic additives, mandate product testing and child-resistant packaging, introduce an 11% excise tax, and create a statewide licensing system, also prohibiting sales to individuals under 21.

Why It Matters to Merchants and Consumers

These proposed regulations carry profound implications. For kratom merchants, particularly those operating in or shipping to Washington, the financial impact of a 95% distributor tax would be devastating, potentially doubling product costs and severely impacting profitability and market viability. Even the 11% KCPA tax would represent a significant new overhead. New licensing requirements, potentially overseen by the state's Liquor and Cannabis Board, would introduce additional administrative burdens and compliance costs.

Consumers, in turn, would face dramatically higher prices and restricted access. The age-21 sales ban would limit availability, and a prohibition on synthetic 7-OH or high-concentration products would narrow product choices. The possibility of local bans, as previously proposed in Spokane, adds another layer of uncertainty for both buyers and sellers.

Compliance Implications for the Kratom Industry

The legislative efforts in Washington signal a clear demand for greater accountability and transparency within the kratom industry. Regardless of which bill, if any, passes, the focus on licensing, age verification, product composition, and labeling will necessitate robust compliance frameworks. Selling kratom without a proper license could even result in felony charges, while other violations could lead to misdemeanors or license revocation. This regulatory push reinforces kratom's classification as a "high-risk" product from a compliance perspective, requiring proactive measures rather than reactive responses.

What High-Risk Merchants Need to Know: COAs, Lab Testing, and Regulatory Compliance

For all kratom merchants, but especially those in the high-risk category, this developing situation in Washington underscores the critical importance of a proactive and stringent compliance strategy.

1. Certificates of Analysis (COAs): Comprehensive, third-party COAs are no longer a luxury but a necessity. These documents must clearly detail alkaloid profiles (especially mitragynine and 7-OH content), and confirm the absence of contaminants like heavy metals, pesticides, and microbial pathogens. The proposed bans on synthetic 7-OH and limits on its concentration make accurate COAs indispensable for verifying product integrity.
2. Robust Lab Testing Protocols: Regular and thorough lab testing of all raw materials and finished products is paramount. This ensures consistency, safety, and adherence to potential future potency limits or bans on specific compounds. Merchants must partner with ISO/IEC 17025 accredited laboratories to maintain credibility and accuracy.
3. Age Verification Systems: With multiple bills proposing a 21+ age restriction, merchants must implement robust age verification systems for both online and in-store sales to avoid severe penalties.
4. Transparent Labeling: Future regulations will likely mandate clear, comprehensive labeling that lists all ingredients, active compounds, and warnings. Merchants should begin adopting these best practices now to avoid future non-compliance issues.
5. Stay Informed and Engaged: The legislative landscape for kratom is constantly evolving. Merchants must stay abreast of state and local legislative developments, joining industry associations like the American Kratom Association (AKA) to advocate for reasonable regulation, such as the KCPA, which offers a balanced approach to consumer safety and product access.

The situation in Washington serves as a potent reminder that the kratom industry must prioritize self-regulation and demonstrate a commitment to consumer safety and transparency. Those who adapt swiftly to these evolving compliance demands will be best positioned to navigate the challenges ahead.