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HB 875

Kratom; manufacturing, selling, giving, distributing, or possessing, penalties.

2026 Regular Session Introduced by Eric Phillips and 1 co-sponsor

Virginia bill criminalizing kratom manufacturing and possession was unanimously recommended for defeat by House subcommittee in February 2026.

Subcommittee recommends laying on the table (10-Y 0-N)
0
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Bill Summary · HB 875

Legislative bill overview

HB 875 would criminalize the manufacturing, selling, giving, distributing, or possessing of kratom in Virginia, establishing it as a controlled substance with associated criminal penalties. The bill was introduced by Delegates Eric Phillips and Hillary Pugh Kent and referred to the House Criminal Justice Subcommittee, which voted 10-0 to recommend laying it on the table (effectively killing it) on February 2, 2026.

Why is this important

Kratom is a botanical substance derived from a Southeast Asian tree that has grown significantly in popularity in the United States as a wellness product and alternative to opioids for pain management. Criminalizing its possession and sale would affect thousands of Virginia consumers and businesses currently operating legally, while also potentially contradicting harm reduction approaches some medical professionals view favorably for opioid use disorder management.

Potential points of contention

  • Federal vs. state regulation: Kratom remains legal at the federal level, creating tension between state prohibition and existing national commerce
  • Consumer access and medical use: Opponents argue the bill restricts adult access to a substance used for pain management and opioid dependence, while supporters cite potential health risks and lack of FDA approval
  • Criminal justice burden: Enforcement would require law enforcement resources and create criminal records for possession, raising questions about proportionality and mass incarceration concerns

Compiled from official sources — confirm details with the bill’s official record.

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