Mitragyna speciosa, more commonly known as kratom, is a tropical tree native to Southeast Asia. Traditionally kratom leaves are used for medicinal and stimulant properties, and the leaves are often ground into a powder form or distilled into an extract. Ground kratom leaves can be smoked, brewed with tea, or placed into capsules. The plant contains many alkaloids that are in higher concentrations when chemically processed into an extract. The two most studied alkaloids are mitragynine and 7-hydroxymitragynine (7-OH). Kratom extracts can be taken as a liquid shot, enhanced powders, resins or pastes, or capsules. Kratom effects and symptoms can vary based on dose and person. Some report that it can produce stimulating effects, such as increased energy, alertness, and heart-rate, or an opioid-like effect, such as relaxation, pain relief, and sedation. Side effects vary, but reports include nausea, hallucinations, seizures, dizziness, and addiction. Kratom is not federally regulated as a controlled substance nor has the federal Food and Drug Administration approved kratom for medicinal use.
The Kratom Consumer Protection Act (Act) is established.
Licensing Requirement.
A kratom retailer license and a kratom processor license are established to be administered by the Liquor and Cannabis Board (LCB). No person may operate as a kratom retailer or a kratom processor in the state without being licensed; however, no person may hold both a kratom retailer license and a kratom processor license. Operating as a kratom retailer or kratom processor without being licensed is a class C felony. Applications for a license may be submitted to the LCB for approval. The application fee and annual renewal fee for either license is $1,000, and kratom retailers need to pay a license fee for each separate retail location.
Age Restriction.
Persons under 21 years of age are prohibited from purchasing kratom products. A person under 21 years of age who purchases, possesses, or obtains, or attempts to purchase or obtain, kratom products commits a class 3 civil infraction and is subject to four hours of community service.
Licensed retailers must display appropriate signage, designed by the Department of Health, that states: "The sale of kratom products to persons under age 21 is strictly prohibited by state law." Retailers must verify the age of consumers who purchase kratom products with government-issued identification when there may be a question of a person's right to purchase.
Unsecured displays open to the general public and self-service displays for kratom products are prohibited, except when a retail establishment only permits persons aged 21 and older to enter.
A person who sells or gives, or permits to be sold or given, kratom in any form to an underage person is guilty of a gross misdemeanor.
Prohibitions Practices.
Kratom products are prohibited from being consumed in public, and a person who violates the prohibition is guilty of a class 3 civil infraction.
No person may conduct a delivery sale of, ship, or transport any kratom product ordered or purchased by mail or online. A person who knowingly violates this is guilty of a class C felony, with a maximum criminal fine of $5,000 and a potential civil penalty of up to $5,000 for each violation. The Attorney General may seek recovery in civil action, along with an injunction and reasonable attorney's fees and other costs. If a court finds that a person violated this prohibition, any profits received due to the violation are to be disgorged and paid to the State General Fund. A licensee who violates this prohibition is subject to license suspension or revocation. A violation is also a per se violation of the Consumer Protection Act. Penalties and remedies are cumulative.
No person may offer a tasting or free sample of kratom to the public. A violation is a misdemeanor.
Labeling Requirements.
Kratom products must contain a label that includes information about the processor, directions for use that include recommended serving size, and an ingredient list that includes kratom alkaloids. Kratom products must also have a label with the following:
Kratom products must use child-resistant packaging in accordance with federal child-resistant effectiveness standards.
Prohibited Kratom Products.
Certain kratom products are prohibited. Kratom products that:
A processor that manufacturers a kratom product that contains:
Kratom products with controlled substances or synthetic compounds are subject to seizure and forfeiture, and a processor in violation is subject to license revocation.
Independent Testing and Certification of Kratom Products.
By January 1, 2027, and annually thereafter, kratom processors must certify to the LCB that the processor is in compliance with the regulations established by the Act. The processor must also submit a list of each kratom product sold, or to be sold, in the state and must provide the LCB with a certificate of analysis for all kratom products produced for retail sale in Washington. The LCB must review the certificate of analysis submitted for each kratom product for compliance and approval. Information submitted by the kratom processor is confidential and exempt from public disclosure.
A kratom processor must submit kratom products to an independent testing laboratory for testing before sale and distribution. The independent testing laboratory must test for kratom alkaloids, other ingredients in the kratom product, and the level of 7-OH. The independent testing laboratory must provide a certificate of analysis to the kratom processor for submission to the LCB.
If the LCB suspects that a kratom product is being sold or offered for sale in violation of the Act, the LCB may require an independent third-party test of the kratom product by an independent testing laboratory of the LCB's choice.
Online Directory.
Beginning January 1, 2027, the LCB is required to make and maintain a publicly available online directory that lists all processors and kratom products which have been approved by the LCB. To be approved, a kratom product must have a certificate of analysis submitted that indicates compliance with the Act and must meet labeling and packaging requirements. The LCB must update the directory at least monthly and establish a process to provide licensed processors, retailers, and other relevant parties notice of the initial publication and changes. Only kratom products listed on the online directory may be sold in the state. Kratom products not listed in the online directory and intended for retail are subject to seizure, forfeiture, destruction, or disposal, with the cost born by the person from whom the kratom products are confiscated.
The Liquor and Cannabis Board Authority.
The LCB has administrative and enforcement authority to regulate kratom products, processors, and retailers. The LCB has the authority to suspend or revoke a license upon sufficient cause, with appropriate notice and a hearing. A licensee may request an appeal to Superior Court for a suspension or revocation determination. A person who had their license revoked may reapply to the LCB for another license after two years.
The LCB may also engage enforcement officers and has the authority to detain underage persons suspected of purchasing, or attempting to purchase, kratom products with reasonable grounds and in proximity to a licensed retailer. The LCB may work with local county health departments and local law enforcement agencies to conduct random, unannounced inspections to ensure compliance.
The LCB is granted rule making authority to implement, administer, and enforce the Act.
Penalties.
The LCB may impose a penalty against any licensee who violates the Act. Penalties are as follows:
If a licensee licensed under this Act or licensed to sell cigarette or tobacco violates the prohibition of providing kratom products to an underage person, each subsequent violation of either of the person's licenses counts as an additional violation within that three-year period. If a licensed kratom retailer's license is suspended or revoked for providing kratom products to underage persons, the retailer's license for cigarettes and tobacco also must be suspended or revoked.
The LCB may impose a monetary penalty of $50 for a first violation and $100 for a subsequent violation for any other person other than a licensed retailer for providing kratom products to underage persons. The LCB may develop and offer a class for retail clerks and use the class in lieu of a monetary penalty for the clerk's first violation.
Kratom Product Seizure.
If the Secretary of Health or a local health jurisdiction finds a kratom product to be injurious to human health or to pose a serious risk, the LCB, in consultation with the Department of Health and local county health jurisdictions, may have a kratom product tested. If found to be injurious or pose a health risk, the kratom product must be removed from retail. If the retailer does not remove the kratom product, their license may be suspended and an injunction may be filed to prohibit the sale or distribution of the kratom product.
Excise Tax.
A kratom excise tax of 11 percent of the retail sales price on kratom products is established. The tax is separate and in addition to general state and local sales and use taxes. The tax must be reflected in the price list or shelf price and in all advertising. The tax must be paid by the buyer to the seller. The seller has the responsibility of collecting the full amount of the tax payable and is deemed to hold the tax in trust until paid to the Department of Revenue. If a seller fails to collect the tax or pay the tax to the Department of Revenue, the seller is personally liable to the state for the amount of the tax.
Youth Regulated Substance Prevention Account.
The Youth Regulated Substance Prevention Account is created and all license fees, penalties, and revenues collected from the excise tax must be deposited into the account. Amounts in the account may be annually appropriated as follows: 25 percent for administration, and 75 percent for public health education, awareness, and interventions regarding regulated substances.
Preemption.
Local governments are preempted from adopting or enforcing requirements for licensure and regulation of kratom products. In addition, if the federal government were to regulate kratom, those federal regulations would supersede and take precedence over any state provision contrary to federal action.