Relating to registration and enforcement of kratom products
West Virginia's SB 985 regulates kratom products by requiring businesses that grow, process, or sell them to obtain permits and verify online customers are at least 21 years old using approved age-check systems. The bill defines "kratom" as the natural leaf of the mitragyna speciosa plant (excluding food products or synthetically altered forms) and prohibits selling contaminated products or unapproved items. Selling without a permit is a misdemeanor (up to $1,000 fine or 1 year in jail) for first offenses and a felony (up to $5,000 or 5 years in prison) for repeat violations. The Department of Agriculture must enforce these rules, use a software tracking system, and notify the Tax Department of certain violations.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
Senate Passage
Mar 2026
House of Delegates Passage
Mar 2026
Signed into Law
Jun 2026
Introduced Feb 18, 2026
Signed Jun 24, 2026
Maddy AI version diff · 2 comparisons
What changed between versions
Committee Substitute
→
Enrolled Committee Substitute
·
4 edits
·
Apr 1, 2026
MODERATE
The bill was finalized into an enrolled version with a specific effective date of June 12, 2026. The most significant substantive change is the removal of a clause that explicitly excluded food products and dietary supplements containing kratom from the definition of a regulated 'kratom product,' meaning these items are now subject to the same registration and age verification rules as other kratom products. Additionally, the bill's text was standardized to match official legislative formatting, and the reporting date was updated to reflect its passage.
Scope change
The scope of regulation was expanded by removing an exemption for food products, dietary ingredients, dietary supplements, and beverages containing kratom, bringing them under the same regulatory requirements as other kratom products.
DEFINITION
Removed language in the definition of 'kratom product' that excluded food products, food ingredients, dietary ingredients, dietary supplements, and beverages intended for human consumption.
TIMELINE
Added a specific effective date of June 12, 2026, which is 90 days after the bill's passage on March 14, 2026.
TECHNICAL
Updated the bill header to reflect the 'Enrolled' status and changed the report date from March 2 to March 14, 2026, to match the passage date.
REQUIREMENT
Rephrased the age verification requirement in Section 6(a) to remove the specific list of verification methods (age-gate, age-screen) and focus on the outcome of proving the user is 21 or older.
Floor votes · Senate Mar 4, 2026 · House of Delegates Mar 14, 2026
How they voted
32–0
Passed · 1 other
Total votes 33
Mar 4, 2026
D
Democratic2
100% Yea
R
Republican31
96% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
36
Key actions
6
Committee
5
Apr 1, 2026
Signed into law
Approved by Governor 4/1/2026
upper
Mar 14, 2026
Signed into law
Approved by Governor 4/1/2026 - House Journal
lower
Mar 14, 2026
Signed into law
Approved by Governor 4/1/2026 - Senate Journal
upper
Mar 14, 2026
Lower · Passed
Passed House (Roll No. 615)
lower
Mar 11, 2026
Committee
Do pass, but first to Finance
lower
Mar 5, 2026
Committee
To House Judiciary
lower
Mar 5, 2026
Committee
To Judiciary then Finance
lower
Mar 5, 2026
Introduced
Introduced in House
lower
Mar 4, 2026
Upper · Passed
Passed Senate (Roll No. 348)
upper
Mar 2, 2026
Upper · Passed
Committee substitute reported
upper
Feb 18, 2026
Introduced
Introduced in Senate
upper
Feb 18, 2026
Committee
To Finance
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Darren Thorne
RRepublican
Co
Mike Azinger
RRepublican
Co
Vince Deeds
RRepublican
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