Is Kratom Legal in West Virginia?
Legislation in progress (no status change proposed): SB985: Relating to registration and enforcement of kratom products. Status: 4. Last action: Filed for introduction (2026-02-18). Sponsors: Darren Thorne, Vince Deeds, Mike Azinger.
Bill: SB985 — Relating to registration and enforcement of kratom products Status: 4 Sponsors: Darren Thorne (R); Vince Deeds (R); Mike Azinger (R) Recent history: • 2026-02-18: Filed for introduction • 2026-02-18: To Finance • 2026-02-18: Introduced in Senate • 2026-02-18: To Finance • 2026-03-02: Committee substitute reported • 2026-03-02: Immediate consideration • 2026-03-02: Read 1st time • 2026-03-03: On 2nd reading Bill text / source: http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=985&year=2026&sessiontype=RS&btype=bill
Update History
Apr 5, 2026West Virginia Kratom Legal Status Update
West Virginia — SB985: Relating to registration and enforcement of kratom products. Status: RESTRICTED. Last action: Approved by Governor 4/1/2026 - House Journal (2026-03-14).
Bill: SB985 — Relating to registration and enforcement of kratom products Status: 4 Sponsors: Darren Thorne (R); Vince Deeds (R); Mike Azinger (R) Recent history: • 2026-02-18: Filed for introduction • 2026-02-18: To Finance • 2026-02-18: Introduced in Senate • 2026-02-18: To Finance • 2026-03-02: Committee substitute reported • 2026-03-02: Immediate consideration • 2026-03-02: Read 1st time • 2026-03-03: On 2nd reading Bill text / source: http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=985&year=2026&sessiontype=RS&btype=bill
Sources: Link 1
Mar 17, 2026West Virginia Kratom Legal Status Update
West Virginia — W. Va. Code R. § 61-30 (Emergency Amendment to Emergency Rule): The database listed West Virginia as 'Currently PENDING.' However, the state has moved to a 'RESTRICTED' status with a regulatory framework already in place as of May 15, 2025. An emergency amendment to an emergency rule was filed on March 10, 2026, by the West Virginia Alcohol Beverage Control Administration, related to 'Permitting and Registration of hemp and kratom products or extracts.' This amendment clarifies existing provisions, improves regulatory effectiveness, and sets a legal limit for 7-hydroxymitragynine at no greater than 2.0% in naturally derived kratom products. This indicates a definite shift from 'PENDING' to an actively 'RESTRICTED' and regulated environment, with specific new rules enacted within the last 180 days.. Status: RESTRICTED.
The database listed West Virginia as 'Currently PENDING.' However, the state has moved to a 'RESTRICTED' status with a regulatory framework already in place as of May 15, 2025. An emergency amendment to an emergency rule was filed on March 10, 2026, by the West Virginia Alcohol Beverage Control Administration, related to 'Permitting and Registration of hemp and kratom products or extracts.' This amendment clarifies existing provisions, improves regulatory effectiveness, and sets a legal limit for 7-hydroxymitragynine at no greater than 2.0% in naturally derived kratom products. This indicates a definite shift from 'PENDING' to an actively 'RESTRICTED' and regulated environment, with specific new rules enacted within the last 180 days.
Sources: Link 1
Mar 9, 2026West Virginia Kratom Legal Status Update
West Virginia House Bill 4459, introduced on January 16, 2026, proposes to classify kratom as a Schedule I controlled substance, which would result in a statewide ban on its possession, manufacture, and distribution. The bill was referred to the House Health and Human Resources committee on February 18, 2026.
House Bill 4459 was introduced in the 2026 Regular Session with the purpose of making kratom a Schedule I controlled substance. This legislative action, initiated on January 16, 2026, marks a significant shift from West Virginia's previous legal status for kratom towards a proposed ban. The bill was referred to the House Health and Human Resources committee on February 18, 2026, indicating active legislative consideration.
Sources: Link 1