Is Kratom (Whole Leaf / Mitragynine) Legal in West Virginia? (2026)

Rule type

permanent

Tier

kcpa regulated

Effective

2025-05-15

What the record says

Whole-leaf kratom conditioned by the KCPA (age/labeling/registration); the 7-OH concentration cap does not apply to leaf.

Controlling language, verbatim

The legislature finds that select plant-based derivatives, including kratom, can be regulated so as not to interfere with the strict regulation of controlled substances in this state. (W. Va. Code 19-12F-2)

Source of excerpt

Citations

1. W. Va. Code 19-12F-1 to -11 - Select Plant-Based Derivatives Regulation Act: Kratom (West Virginia Legislature) PRIMARYOFFICIAL

Where Kratom (Whole Leaf / Mitragynine) stands across the country

Among West Virginia's 5 neighbors, Kentucky, Maryland and Virginia are restricted; Ohio and Pennsylvania are legal.

Open the interactive map · Every compound in West Virginia

Federal posture

Not federally scheduled. Kratom leaf / mitragynine not federally scheduled; DEA 7-OH re-notice (Nov 13+) reaches extracts under 100:1 mitragynine to 7-OH Federal detail

Pending deadlines

• 2026-11-13 · Federal · DEA 7-OH threshold order would reach kratom extracts under 100:1 mitragynine to 7-OH (DEA-1570 / FR 2026-20943)
  On or after Nov 13, 2026: kratom products whose mitragynine is less than 100 times their 7-OH (or 7-OH plus pseudoindoxyl), or above 1 mg/g or 1 mg/mL of those, would be Schedule I. Plain leaf and typical extracts sit above 100:1; enhanced 7-OH kratom does not. Kratom leaf and mitragynine are not scheduled.

Verbatim law on file for West Virginia

1 instrument on file for this compound's framework in West Virginia; 1 of 1 citations above are official sources. Each text carries its source and a fingerprint that changes when the law does.

19-12F-3. Definitions. (5) "Kratom" means a psychoactive preparation ... composed of the crushed or powdered dried leaves of the mitragyna speciosa ... which contains the alkaloids mitragynine and 7-hydroxymitragynine. (6) "Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended or marketed for human consumption containing any part of the leaf of the plant mitragyna speciosa. (7)-(9) grower/processor/retailer.
19-12F-5. Rule-making authority. (a) The commissioner shall propose legislative rules ... that include, but are not limited to: (1) Issuance of permits ...; (2) Sampling and testing of kratom to determine purity levels; (3) Supervision ...; (6) labeling ("KEEP OUT OF REACH OF CHILDREN. CONSULT YOUR PHYSICIAN BEFORE USE IF YOU ARE PREGNANT OR TAKING ANY MEDICATION"); (8) prohibitive standards as to child targeted packaging ...
19-12F-6. Age verification. (a) website ... age-screening mechanism verifying the user is at least 21 years old ...; (b) non-in-person sales ... age-verification mechanism approved by the commissioner.

Related

Kratom (Whole Leaf / Mitragynine) in neighboring states

• Kratom (Whole Leaf / Mitragynine) in Kentucky Restricted
• Kratom (Whole Leaf / Mitragynine) in Maryland Restricted
• Kratom (Whole Leaf / Mitragynine) in Ohio Legal
• Kratom (Whole Leaf / Mitragynine) in Pennsylvania Legal
• Kratom (Whole Leaf / Mitragynine) in Virginia Restricted

Kratom (Whole Leaf / Mitragynine) in other states

Same framework in West Virginia

• Mitragynine Pseudoindoxyl in West Virginia Illegal
• 7-OH (7-Hydroxymitragynine) in West Virginia Restricted
• Speciociliatine in West Virginia Restricted

Other compounds in West Virginia

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