Is kratom legal in Virginia? As of March 2023, kratom is regulated but legal to possess and sell in Virginia for those over 21 years old under the newly passed SB1108. This law prohibits the sale of kratom products to anyone under 21. SB1108 also mandates that any kratom products sold in Virginia must list all ingredients on the label and provide a specific health warning. The passage of SB1108 established these rules around kratom sales and labeling requirements in Virginia for the first time.
Consumers and retailers should be aware that the law imposes fines and penalties for selling kratom to minors or failing to comply with the mandated labeling. While now legally accessible for adults, kratom remains a controversial botanical due to concerns over safety risks and abuse potential.
In 2020, Virginia HJR39 proposed having the state’s Board of Pharmacy investigate classifying kratom as a controlled substance, which could have led to a ban. However, this proposal was tabled and did not pass the legislature. In the same year, Virginia House Bill 96 was introduced, which sought to classify kratom as a Schedule I controlled substance, effectively banning it. However, this proposed statewide ban did not pass.
In 2021, House Bill 2042 was brought forward to establish regulations around kratom production, labeling, and sales in Virginia. But this regulatory bill also failed to pass that legislative session. So, as of 2021, no kratom-specific laws or regulations were on the books in Virginia.
Kratom’s status remained unregulated at the state level until 2023 when the Virginia legislature passed SB1108. Introduced by Senator Frank M. Ruff Jr., this bill amended the Virginia Consumer Protection Act regarding kratom. SB1108 prohibits the sale of kratom products to anyone under 21 years old. It also requires manufacturers to label kratom products with a complete ingredient list and health warnings.
This law provides the first regulatory framework for kratom in Virginia. After two prior failed legislative attempts to ban or regulate kratom, the passage of SB1108 in 2023 established state restrictions on kratom access for minors and labeling criteria for all sold products going forward.
While Virginia passed SB1108 in 2023 to allow regulated statewide access to kratom for those over 21, local jurisdictions retain the authority to prohibit or restrict kratom locally. As a result, a complex patchwork of local ordinances exists despite kratom’s technical legality under state law.
While kratom is now legally accessible for adults 21 and over across Virginia under the recent state law SB1108, the legislation does allow local jurisdictions the authority to implement their own regulations or prohibitions on kratom. However, as of now, it appears that most localities have opted to remain within the state regulations.
Still, it is essential for those looking to access kratom to check their local laws and ordinances, as these may change over time, even if they currently align with state policy. The local authority to restrict kratom means the legal status could vary between different cities and counties.
The passage of SB1108 in Virginia provides a regulatory model that other states may emulate as they consider allowing legal, controlled access to kratom locally. By restricting sales to minors and requiring labeling, Virginia has established standards that balance public health concerns with legal access for adults. If more states adopt similar frameworks, it lends momentum to regulated access over prohibition.
However, Virginia’s affirmation of kratom’s legality also risks intensifying calls for federal action. As more states permit kratom sales, federal prohibition becomes less feasible, but the need for national oversight grows. SB1108’s success despite earlier failed bills shows evolving perceptions about kratom and may pressure the FDA to develop unified federal policies. Overall, state laws like SB1108 make kratom prohibition more difficult while highlighting the need for thoughtful regulations to ensure responsible access nationally.
Now that kratom is regulated but legal for adults in Virginia, there are a few options for purchasing it. Some local smoke shops, vape stores, and specialty retailers throughout Virginia carry kratom products. However, product selection and quality can be hit or miss. Many kratom users in Virginia choose to buy online from reputable national vendors known for testing products for contaminants and providing fresh, high-quality kratom powder and capsules.
Trusted online vendors are able to offer a wider selection of pure kratom strains and extracts compared to local stores. They also frequently lab test for quality and safety. Purchasing kratom online from vendors with an established reputation for product purity, potency, and reliability can be an intelligent choice. Consumers are advised to carefully research any kratom seller before buying. But buying online from a trusted vendor can provide a convenient way to purchase quality-tested kratom in Virginia legally.
CONTENT DISCLAIMER: The content on this page is strictly for entertainment purposes only. The content below has not been medically reviewed and is not intended to offer advice for use or intended use. For more information about kratom and its potential dangers, please visit the fda.gov site.