HB 875 Virginia House of Delegates · 2026 Regular Session

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

Summary
Manufacturing, selling, giving, distributing, or possessing with intent kratom; Virginia Consumer Protection Act; penalties. Provides that any person who knowingly manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute kratom, when intended for human consumption, is guilty of a Class 1 misdemeanor. The bill defines kratom as any part of the leaf of the plant Mitragyna speciosa or any extract thereof. The bill also amends the existing provisions related to kratom in the Virginia Consumer Protection Act to prohibit selling or offering for sale (i) any kratom product to a person younger than 21 years of age or (ii) any kratom product intended for human consumption. Under current law, the Act prohibits selling or offering for sale (a) any kratom product to a person younger than 21 years of age or (b) any kratom product that does not include a label listing all ingredients and specific guidance about such product.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Feb 18, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Courts of Justice Substitute · 4 edits
MODERATE
The bill was amended from its original introduction to a substitute version after being referred to the Courts of Justice Committee. The most significant change is the addition of a new chapter (Chapter 60) to the Virginia Consumer Protection Act specifically addressing kratom regulations, which was not present in the original version. The original version included a standalone section (18.2-251.6) for kratom penalties, while the substitute consolidates kratom provisions into the broader consumer protection framework.
Scope change
The bill's scope expanded to include kratom regulations within the Virginia Consumer Protection Act framework rather than as a standalone offense. This integrates kratom-related prohibitions with existing consumer protection laws and potentially provides additional enforcement mechanisms through the consumer protection chapter.
SCOPE

Added a new Chapter 60 (sections 59.1-614 through 59.1-618) specifically addressing kratom regulations within the Virginia Consumer Protection Act, replacing the original standalone section 18.2-251.6

ENFORCEMENT

Removed the original standalone kratom penalty section (18.2-251.6) that classified kratom manufacturing, selling, or possession as a Class 1 misdemeanor

STRUCTURE

Reorganized the bill structure from a standalone kratom offense to integrating kratom provisions within the broader consumer protection framework, suggesting potential alignment with existing enforcement mechanisms

TECHNICAL

Added committee markup indicating this is now a 'Substitute' version proposed by the House Committee for Courts of Justice, dated 1/30/2026, with Delegate Kent as the patron

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
3
Committee
5
Feb 18, 2026
Lower · Passed
Left in Committee Courts of Justice
lower
Feb 2, 2026
Lower · Passed
Subcommittee recommends laying on the table (10-Y 0-N)
lower
Jan 30, 2026
Lower · Passed
House subcommittee offered
lower
Jan 29, 2026
Committee
Assigned HCJ sub: Criminal
lower
Jan 13, 2026
Committee
Referred to Committee for Courts of Justice
lower
1 primary · 1 co-sponsor

Sponsors