Wholesale only. Adults 21 and older. Pricing quoted per order.

How to buy wholesale kratom

Is Kratom Legal in West Virginia?

Yes, with limits. Kratom is legal in West Virginia for adults 21 and over, but since SB 985 took effect on June 12, 2026, only natural leaf in whole, crushed or powdered form counts as a lawful kratom product. Anyone who makes, distributes or sells kratom in or into the state, including out-of-state sellers, needs a Department of Agriculture permit, registered products and an approved label. Retail sales also carry an 11% privilege tax.

Last verified . General information, not legal advice.

What changed recently

  1. SB 220 created Article 12F, the kratom part of the Select Plant-Based Derivatives Regulation Act. Its effective date was not confirmed.
  2. SB 679 amended Article 12F.
  3. The current version of the WVDA rule for hemp and kratom, 61 CSR 30, took effect.
  4. HB 4640, a committee substitute that would have put 7-OH and synthetic kratom alkaloids in Schedule I, had its last action. It did not pass.
  5. HB 4459, which would have repealed Article 12F and scheduled kratom, was referred to committee and died.
  6. The Legislature passed SB 985 on the last day of session.
  7. Governor Morrisey approved SB 985.
  8. SB 985 took effect, limiting kratom products to natural leaf forms and tightening online age checks.
  9. Federal: DEA published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a set threshold.

The West Virginia rules in detail

Only natural leaf products qualify

Since June 12, 2026, a “kratom product” means the natural leaf of Mitragyna speciosa and simple physical forms of it: whole, crushed or powdered. A product that is synthetically manipulated or chemically concentrated beyond the leaf’s natural alkaloid profile is not a kratom product. Before SB 985, the term covered any food, supplement or beverage that contained the leaf.

That means 7-OH enhanced, isolated, semi-synthetic or concentrated products cannot be registered or approved, and selling unapproved kratom is a crime. How WVDA is treating extracts, shots, tablets and extract capsules was not confirmed. It is also unclear whether capsules of plain leaf powder count as a simple form of the leaf.

Permits for every link in the chain

Each manufacturer, processor, distributor and retailer needs a permit from the Commissioner of Agriculture, plus a West Virginia business registration certificate from the Tax Department. This includes online stores and out-of-state sellers shipping into the state. Repackaging counts as manufacturing.

The permit costs a $1,500 non-refundable application fee and a $300 annual fee. Registrations expire December 31. Retailers must display the WVDA certificate, and WVDA publishes lists of permittees and approved products.

Product registration and label approval

Each product must be registered every year at $200, with an annual cap of $1,000 per registrant under the rule. Lower fees apply to West Virginia grown products. A formula change needs a new registration. Different net sizes of the same formula count as one product.

No kratom may reach a consumer without a label the Commissioner has approved. The label must follow FDA food or supplement rules and include the maker’s name and contact, batch or lot number, directions, ingredients, allergens and net contents in metric and US units. Required statements include “NOT INTENDED FOR SALE TO PERSONS UNDER THE AGE OF 21”, “Keep out of reach of children”, “Consult your physician before use if you are pregnant or taking any medication” and “Use of this product may impact drug testing results”. Nothing on the label may appeal to children.

Testing and contaminant limits

No pre-market lab report is mandated in the statute or the rule sections reviewed. WVDA does random inspections and sampling. A product is misbranded if tested alkaloid content is more than 15% above or below the label claim. Contaminant limits cover pesticides, residual solvents, heavy metals, microbes and aflatoxin and ochratoxin at 20 ug/kg. Keep lot records for at least 2 years. Our guide on how to read a kratom lab report can help you check a COA against these limits.

Age checks and the 11% tax

Websites selling into West Virginia must verify the buyer is 21 or older with a digital ID or an age-verification system that uses government ID or transaction data. Remote sellers must use a method the Commissioner approves.

An 11% privilege tax applies to the retail sales price. It is paid quarterly and is not shown separately on receipts. Remote sellers and marketplace facilitators must collect use tax regardless of normal thresholds.

Local rules inside West Virginia

We did not confirm any city or county kratom ordinances in West Virginia. That is not the same as there being none, so check the municipal and county code for every ship-to address.

Enforcement and penalties

The Department of Agriculture runs the program. ABCA agents enforce the administrative rules for retailers, the Tax Department handles registration and tax, and police and prosecutors handle crimes. Non-compliant kratom is contraband and can be seized and destroyed.

Penalties in W. Va. Code 19-12F-11 are serious. Selling without a permit is a misdemeanor the first time, up to $1,000 and up to 1 year, and a felony after that. Selling to anyone under 21 is a felony, up to $5,000 and 1 to 5 years. Knowingly selling contaminated, toxic or illegal kratom is a felony, up to $10,000 and 2 to 10 years. The statute also sets permit suspensions and fines, but it ties them to a subsection that appears to be a drafting error, so ask West Virginia counsel how WVDA applies them.

Federal context

Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.

Wholesale buyer checklist for West Virginia

  1. Get a WVDA permit and a West Virginia business registration certificate before shipping into the state.
  2. Register every product with WVDA each year and get label approval before sale.
  3. Limit West Virginia SKUs to whole, crushed or powdered leaf; hold extracts and 7-OH products until WVDA confirms their status.
  4. Make sure declared alkaloid content is within 15% of tested results, using a lot-level lab report.
  5. Use an ID-based or transaction-data age check at 21 for every online order.
  6. Set up collection and quarterly payment of the 11% privilege tax.
  7. Keep lot documentation for at least 2 years.
  8. Renew permits and registrations by January 1 each year.

Tell us your products, quantities and ship-to state and we will review the West Virginia rules against your order before we quote.

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West Virginia kratom law FAQ

Is kratom legal in West Virginia?

Yes, for adults 21 and over, but only natural leaf in whole, crushed or powdered form has qualified since June 12, 2026. Sellers need WVDA permits and registered products.

What is the minimum age to buy kratom in West Virginia?

21. Selling to anyone under 21 is a felony, and online sellers must verify age with ID or transaction data.

Does West Virginia have a 7-OH limit?

There is no numeric cap. Since SB 985, products concentrated or synthetically changed beyond the leaf's natural alkaloid profile are not lawful kratom products, which shuts out 7-OH enhanced products.

Do out-of-state wholesalers need a West Virginia permit?

Yes. The permit rule covers anyone distributing or selling kratom into the state, and a state business registration certificate is also required.

Is there a kratom tax in West Virginia?

Yes. An 11% privilege tax applies to the retail sales price and is paid quarterly.

How we verified this page

We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.

What we have not confirmed yet
  • How WVDA treats extracts, shots, tablets, extract capsules and 7-OH products under the leaf-only definition, and whether earlier registrations were pulled.
  • Whether capsules or tablets of plain leaf powder count as a simple physical form of the leaf.
  • Whether WVDA has updated 61 CSR 30 or issued guidance since SB 985.
  • How WVDA applies the administrative sanctions in 19-12F-11(g), which point to the wrong subsection.
  • The effective dates of SB 220 (2023) and SB 679 (2024).
  • Whether the Board of Pharmacy has used emergency scheduling for 7-OH or mitragynine pseudoindoxyl.
  • Whether the annual product registration cap applies to out-of-state manufacturers.
  • The full display rule text in 61 CSR 30-7, and any local ordinances.

This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Sold to businesses and adults 21 and over only. We do not ship to states or localities where sale is prohibited.