Is Kratom Legal in Virginia? Regulations and Legal Overview

In the United States, Kratom is legal to sell, purchase, and use unless there is a law that specifically prohibits one or more of these acts. As of August of 2023, the six states in the U.S. that have made purchasing kratom products illegal are Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin. However, some states have enacted particular restrictions on kratom’s sale and/or use. This includes the state of Virginia, which recently enacted new legislation to put some specific regulations in place on kratom products.

Is Kratom Legal in Virginia?

While kratom is legal in the state, the Virginia state legislature recently passed SB 1180. It was signed into law by Governor Glenn Youngkin in May of 2023. This law made it illegal to sell kratom to anyone under the age of 21. The law also requires that all kratom products have labels listing all ingredients with a warning that the product has not been evaluated by the FDA, is not intended to treat, cure, or prevent disease, and may be harmful to your health.

The Virginia Law and Federal Regulation of Kratom  

The Virginia legislature approved the “Virginia Consumer Protection Act; prohibited practices, kratom products” by unanimous vote. The lawmakers approached the issue by establishing a standard for all products that contain kratom and how those products can be sold. However, the law is what is referred to as a “bare bones” regulation. This means the regulatory structure of the bill was intentionally left open so that lawmakers could have additional discussions and enact amendments in the future. The regulations in the new law are much more limited in scope than those originally introduced by Republican Hyland Fowler of Hanover, which would have required kratom producers to certify the product was unadulterated and require manufacturers to include recommended use guidelines on the label. The original bill was rejected by the legislature in early 2023.

At the time of this writing, there is no further pending or proposed legislation in Virginia on kratom products, but lawmakers have said they are hoping to strengthen regulations at a later date, notifying kratom users in Virginia to keep themselves abreast of impending legislation. There are currently no other laws restricting the use or sale of kratom in the State of Virginia on the local level, nor are there any federal laws regulating kratom. However, as reported by the Virginia Department of Health, the U.S. Food and Drug Administration has designated kratom as an unapproved dietary supplement to prevent vendors from making claims about its benefits. The FDA has also not approved kratom to be used as an additive to conventional foods.

How to Buy Kratom in Virginia

Kratom can be purchased over the counter in many stores throughout the state or online.

Kratom products can be purchased at convenience stores, gas stations, smoke and vape shops, and specialty stores across Virginia. While buying locally may be more expedient than ordering online, consumers must perform their due diligence to be certain they are purchasing a quality product. The Virginia law requires that all kratom products have labels listing all ingredients so consumers can make an informed decision on what they are purchasing. However, buyers are responsible for making the effort to read and understand what is in the product to determine its quality.

Buying Kratom Online

It is legal to buy and sell kratom online in Virginia, but the same laws apply for purchasing online as when purchasing the product locally. Nevertheless, when buying online, it is the sole responsibility of the buyer to follow the law and be over 21 years of age. Additionally, as there are many fly-by-night online businesses, care must be taken to ensure you are buying from a reputable dealer. Golden Monk has a long-standing reputation as a trusted online vendor, ensuring that you can place full confidence in receiving the highest quality kratom products. Shop our full line of kratom products with confidence.

Sources

Writer Unknown. Kratom. Virginia Department of Health. Accessed Dec 2023.

Introduced by Frank M. Ruff, Jr. SB 1108 Virginia Consumer Protection Act; prohibited practices, kratom products. Virginia’s Legislative Information System. Accessed Dec 2023. 

Jakob Cordes. Virginia adopts first kratom regulations by unanimous vote. WRIC 8News. Published Feb 2023.