State Law Check

Laws by state › West Virginia

Kratom laws in West Virginia

We list 2 West Virginia rules on kratom and 7-OH products; all are bans.

Check a specific item for West Virginia

West Virginia

BannedDo not ship kratom to West Virginia unless you hold a WV Department of Agriculture kratom retailer permit and WV business registration and the product is on the Commissioner's approved list; buyers must be 21+ with online age verification.
Exact text
(a) Any person manufacturing, processing, distributing, offering for sale, or selling any kratom or kratom products in this state shall have a permit issued by the commissioner and be otherwise authorized to do business in this state.
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(c) In the interest of protecting the safety, welfare, and well-being of West Virginia citizens and residents, West Virginia nexus and jurisdiction attaches for purposes of business registration, permitting, regulation and taxation with relation to the activity of distribution or sale of kratom or kratom products across State lines into this State. Persons located outside of this State that are engaged in distribution or sale of kratom or kratom products across state lines into this State must obtain a West Virginia business registration certificate as specified in §11-12-1 et seq . of this code and shall be subject to other administrative and regulatory requirements as set forth in this code.
BannedDo not ship kratom extracts, concentrates or 7-OH products to West Virginia: since 2026 only natural leaf (whole, crushed, powdered) qualifies as a kratom product the Commissioner can approve.
Exact text
(a) Any person who manufactures, processes, distributes, sells, or offers for sale any kratom or kratom product in this state without a permit is guilty of a crime.
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(c)(1) Any person who knowingly manufactures, processes, distributes, sells, or offers for sale any kratom or kratom product which has not been approved by the commissioner is guilty of a misdemeanor
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(e) Any person who knowingly distributes or sells kratom or a kratom product to a person under the age of 21 is guilty of a felony

Federal

Applies in every state.

BannedMitragynine pseudoindoxyl ("MP", "pseudo") and the 7-OH derivatives MGM-15/MGM-16 are temporarily Schedule I nationwide; don't sell or ship products containing them anywhere in the US.
Exact text
(89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672
3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-
indolizine]-7'-yl)-3-methoxyacrylate (commonly known as
mitragynine pseudoindoxyl) including its isomers, esters,
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(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673
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15; also known as dihydro-7-hydroxymitragynine) including its
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(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674
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(commonly known as MGM-16; also known as 9-fluoro-dihydro-7-
hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine
BannedConcentrated 7-OH products (more than 1 mg 7-OH per gram/mL, or 7-OH more than 1% of the mitragynine content) are about to become federal Schedule I nationwide (DEA order expected on or after Nov. 13, 2026), and FDA already says 7-OH can't lawfully be sold as a supplement or food; don't sell 7-OH tablets or shots.
Exact text
The substances [7-hydroxymitragynine] and [mitragynine
pseudoindoxyl] be controlled in schedule I [pursuant to 21 U.S.C.
811(h)] when either substance alone, or their combined amount if both
present, is:
(A) Above a specified threshold concentration, that is, greater
than 1 mg per gram (for solid powders, encapsulated material, or other
solid forms) or greater than 1 mg per milliliter (for liquid
preparations), OR
(B) The mass of mitragynine present divided by the mass of [7-
hydroxymitragynine], or [mitragynine pseudoindoxyl], or the combined
amount of [7-hydroxymitragynine] and [mitragynine pseudoindoxyl] if
both present, is less than 100.
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The temporary scheduling order will be published in the Federal
Register on or after November 13, 2026.