Is MGM-15 Legal in West Virginia? (2026)

Instrument

Select Plant-Based Derivatives Regulation Act: Kratom, definitions

Source

https://code.wvlegislature.gov/19-12F-3/

Retrieved

2026-10-29

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§19-12F-3. Definitions.

(1) “Alcohol Beverage Control Administration Commissioner” means the West Virginia Alcohol Beverage Control Administration Commissioner or his or her designee.
(2) "Commissioner" means the Commissioner of Agriculture or his or her designee.
(3) “Contaminated” means made impure and unsafe by biological, chemical, or physical additives.
(4) "Department" or "Department of Agriculture" means the West Virginia Department of Agriculture.
(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine.
(6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile.
(7) "Grower" means a person or entity which grows kratom for commercial purposes.
(8) “Processor” or "manufacturer" means a person or entity that processes, compounds, or converts plant material from mitragyna speciosa into a kratom product. This also includes further processing, compounding, converting, or repackaging of existing kratom products.
(9) “Retailer” or "seller" means a person or entity that distributes, offers for sale, or sells kratom or kratom products to persons for personal consumption.

Instrument

Kratom and kratom product definitions

Source

https://code.wvlegislature.gov/19-12F-3/

Retrieved

2026-10-28

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(5) "Kratom" means a psychoactive preparation that is composed of the crushed or powdered dried leaves of the mitragyna speciosa, a lowered tropical tree which contains the alkaloids mitragynine and 7-hydroxymitragynine.
(6) "Kratom product" means the natural leaf of the plant mitragyna speciosa and any simple physical form of the leaf, including whole, crushed, or powdered. "Kratom product" does not include a product that has been synthetically manipulated or chemically concentrated beyond the leaf's natural alkaloid profile.

Instrument

WV - permit + age 21 + tax; NO statutory 7-OH cap (purity delegated to rules)

Source

https://code.wvlegislature.gov/19-12F-3/

Retrieved

2026-07-07

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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.