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SB 985

Relating to registration and enforcement of kratom products

2026 Regular Session Introduced by Mike Azinger and 2 co-sponsors

West Virginia Senate Bill 985 creates a regulated kratom regime requiring licenses, product and user registrations, age verification, and a state tracking system with penalties for

Chapter 5, Acts, Regular Session, 2026
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Bill Summary · SB 985

Overview

SB 985 (2026, West Virginia) establishes a regulatory framework for kratom and kratom products, including registration, age-verification, enforcement, and reporting. The bill adds a new article (Article 12F) to the West Virginia Code governing kratom, defines key terms, sets licensing/permit requirements, creates penalties for violations, and requires the Department of Agriculture to implement a software management system to track registrations, inspections, and referrals.

Main purpose and intent

  • Create a comprehensive regulatory regime for kratom products to address safety, age restrictions, and enforcement.
  • Require registration of kratom manufacturers, processors, distributors, retailers, and kratom products.
  • Establish age-verification requirements to restrict access to individuals under 21.
  • Set forth criminal and administrative penalties for violations, including failures to obtain permits, contamination, mislabeling, and sales to minors.
  • Implement a state software system to monitor registrations, inspections, and referrals to prosecutors and the Tax Department.

Key provisions and changes

Definitions (§19-12F-3)

  • Codifies terms:
    • Kratom and kratom product definitions, focusing on the natural leaf and prohibiting synthetic manipulation beyond the leaf’s natural alkaloid profile.
    • Roles: grower, processor/manufacturer, and retailer/seller.
  • Distinguishes kratom products from other foods or beverages containing kratom.

Age verification (§19-12F-6)

  • Websites operating in-state that sell kratom must use a neutral age-screening mechanism to verify customers are at least 21.
  • Verification methods may include digital IDs or compliant age-verification systems using government or commercially reasonable data.
  • Applies to non-direct in-person sales as well.

Criminal violations and penalties (§19-12F-11)

  • Establishes permit requirements: manufacturing, processing, distributing, or selling kratom without a permit is a crime.
    • First offense: misdemeanor; up to $1,000 fine and/or up to 1 year in jail.
    • Second/subsequent offense: felony; up to $5,000 fine and/or 1–5 years imprisonment.
  • Contamination or adulteration penalties:
    • Contaminated product: felony; $10,000–$25,000 fine or 1–5 years imprisonment (or both).
  • Unapproved product penalties:
    • Manufacturing/distributing/ selling unapproved kratom: misdemeanor (or felony on second/subsequent offense) with fines and potential jail time.
  • Sales to or possession by minors (under 21):
    • Selling to a minor: felony; up to $5,000 fine or 1–5 years imprisonment.
    • Minor possession: misdemeanor; up to $1,000 fine or up to 1 year (second/subsequent violations can become a felony).
  • Administrative sanctions for violations by licensees:
    • First offense: 30-day license suspension and $2,000 fine.
    • Second offense: 60-day suspension and $5,000 fine.
    • Third offense: permanent license revocation and $10,000 fine.
    • Inspections tied to sanctions; potential additional penalties against permits or alter-ego entities.
  • Integration with Tax Department:
    • Commissioner must notify the Tax Department of certain violations for license revocation purposes.

Reporting and enforcement system (§19-12F-12)

  • The Commissioner must implement a software system to monitor:
    • Registration of manufacturers, processors, distributors, and retailers.
    • Registration of kratom products.
    • Department inspections.
    • Referrals to prosecutors.
    • Referrals to the Tax Department for violations related to §19-12F-11.

Who is affected

  • Kratom industry participants: growers, processors/manufacturers, distributors, retailers, and sellers must obtain permits and comply with registration and product-tracking requirements.
  • Online and non-in-person sellers in West Virginia must implement age-verification systems.
  • Consumers, especially those under 21, with restricted access to kratom products.
  • The Department of Agriculture, which staffs licensing, inspections, enforcement, and the software system.
  • The Tax Department, which will receive referrals for violations leading to license action.
  • Enforcement agencies, including potential prosecutors, in administering penalties.

Procedural and timeline aspects

  • Effective implementation requires the Department of Agriculture to deploy a software management system to track registrations, inspections, and referrals (Section §19-12F-12).
  • Administrative penalties are codified to govern licensee violations and set escalating sanctions (30 days → 60 days → permanent revocation) with annual inspection timelines tied to reinstatement.
  • The act provides for immediate enforcement upon permit issuance and subsequent violations, with penalties and potential criminal charges as described.

Notes

  • Definitions emphasize natural kratom leaf products and exclude heavily processed or synthetically concentrated products beyond the leaf’s natural alkaloid profile.
  • The bill includes both criminal penalties and administrative sanctions, offering scope for penalties at multiple levels (individual violators and licensees).
  • The legislation follows a framework similar to other regulated product regimes, combining registration, age controls, penalties, and a centralized reporting system.

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

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