Kratom

AN ACT Relating to the kratom consumer protection act; adding a 1
new chapter to Title 69 RCW; prescribing penalties; and providing an 2
effective date. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The definitions in this section apply 5
throughout this chapter unless the context clearly requires 6
otherwise.7
(1) "Attractive to children" means a kratom product that is 8
manufactured or packaged in a form that bears a reasonable 9
resemblance to an existing candy product and that could cause a child 10
to mistake the kratom product for an existing candy product.11
(2) "Board" means the Washington state liquor and cannabis board.12
(3) "Dangerous nonkratom substance" means a poisonous or 13
otherwise deleterious nonkratom ingredient including, but not limited 14
to, a substance listed as a controlled substance under state or 15
federal law. 16
(4) "Department" means the department of revenue.17
(5) "Independent testing laboratory" means a laboratory that is 18
accredited by a third-party accrediting body as a competent testing 19
laboratory under ISO/IEC 17025 of the international organization for 20
standardization. 21
H-2654.2
HOUSE BILL 2291
State of Washington 69th Legislature 2026 Regular Session
By Representatives Reeves, Stonier, Parshley, Leavitt, Gregerson,
Goodman, Fosse, Pollet, and Bernbaum
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Consumer Protection & Business.
p. 1 HB 2291
(6) "Kratom" means the plant mitragyna speciosa or any part of 1
such plant. 2
(7) "Kratom extract" means a substance or compound obtained by 3
extraction of the mitragyna speciosa leaf, intended for ingestion 4
that contains alkaloids, such as mitragynine or 7-hydroxymitragynine, 5
but does not contain any controlled substances or levels of residual 6
solvents higher than is allowed in the United States pharmacopeia 467 7
as it exists on January 1, 2027. 8
(8) "Kratom product" means a food, food ingredient, dietary 9
ingredient, dietary supplement, or beverage intended for human 10
consumption that contains kratom or a kratom extract that is 11
manufactured or served as a powder, capsule, pill, beverage, liquid, 12
or other edible form. 13
(9) "Licensee" means a person licensed under the authority of 14
this chapter. 15
(10) "Person" means any individual, receiver, administrator, 16
executor, assignee, trustee in bankruptcy, trust, estate, firm, 17
copartnership, joint venture, club, company, joint stock company, 18
business trust, municipal corporation, the state and its departments 19
and institutions, political subdivision of the state of Washington, 20
corporation, limited liability company, association, society, and any 21
group of individuals acting as a unit, whether mutual, cooperative, 22
fraternal, nonprofit, or otherwise. 23
(11) "Processor" means any person who manufactures, processes, or 24
packages kratom into kratom products for wholesale to retailers.25
(12) "Retail sale" has the same meaning as provided in RCW 26
82.08.010. 27
(13) "Retailer" means any person engaged in the business of 28
selling kratom products to ultimate consumers. 29
(14) "Sale" means any transfer, exchange, or barter, in any 30
manner or by any means whatsoever, for a consideration, and includes 31
and means all sales made by any person. 32
(15) "Selling price" includes "sales price" and has the same 33
meaning as provided in RCW 82.08.010, except that when the product is 34
sold under circumstances where the total amount of consideration paid 35
for the product is not indicative of its true value, "selling price" 36
means the true value of the kratom product sold. 37
(16) "Synthesized material" means a kratom alkaloid or kratom 38
alkaloid derivative that has been created by chemical synthesis or 39
biosynthetic means including, but not limited to, fermentation, 40
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recombinant techniques, yeast derived techniques, and enzymatic 1
techniques, rather than traditional food preparation techniques, such 2
as heating or extracting. 3
(17) "True value" means market value based on sales at comparable 4
locations in this state of the same or similar product of like 5
quality and character sold under comparable conditions of sale to 6
comparable purchasers. However, in the absence of such sales of the 7
same or similar product, "true value" means the value of the kratom 8
product sold as determined by the seller's direct and indirect costs 9
attributable to the product. 10
LICENSING11
NEW SECTION. Sec. 2. (1) The licenses issuable by the board 12
under this chapter are as follows:13
(a) A kratom retailer's license that authorizes the licensee to 14
sell kratom and kratom products at retail; and 15
(b) A kratom processor's license that authorizes the licensee to 16
process and manufacture kratom into kratom extracts and kratom 17
products, to package and label kratom products, and to distribute and 18
offer kratom products for sale at wholesale to licensed kratom 19
retailers. 20
(2) Application for such licenses must be made through the 21
business licensing system under chapter 19.02 RCW. The board may 22
refuse to issue any license under this chapter if the board has 23
reasonable cause to believe that the applicant has willfully withheld 24
information requested for the purpose of determining the eligibility 25
of the applicant to receive a license, or if the board has reasonable 26
cause to believe that information submitted in the application is 27
false or misleading or is not made in good faith. In addition, for 28
the purpose of reviewing an application for a license, and for 29
considering the denial, suspension, or revocation of any such 30
license, the board may consider criminal conduct of the applicant, 31
including an administrative violation history record with the board 32
and a criminal history record information check within the previous 33
five years, in any state, tribal, or federal jurisdiction in the 34
United States, its territories, or possessions, and the provisions of 35
RCW 9.95.240 and chapter 9.96A RCW do not apply to such cases. The 36
board may, in its discretion, issue or refuse to issue a license 37
subject to the provisions of section 24 of this act.38
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(3) No person may qualify for a retailer's license or processor's 1
license under this chapter without first undergoing a criminal 2
background check. The background check must be performed by the board 3
and must disclose any criminal conduct within the previous five years 4
in any state, tribal, or federal jurisdiction in the United States, 5
its territories, or possessions. If the applicant or licensee also 6
has a license issued under chapter 66.24, 69.50, 82.24, or 82.26 RCW, 7
the background check done under the authority of chapter 66.24, 8
69.50, 82.24, or 82.26 RCW satisfies the requirements of this 9
subsection. 10
(4) Each license issued under this chapter expires on the 11
business license expiration date. The license must be continued 12
annually if the licensee has paid the required fee and complied with 13
all provisions of this chapter and the rules of the board adopted 14
pursuant to this chapter. 15
(5) Each license and any other evidence of the license required 16
under this chapter must be exhibited in each place of business for 17
which it is issued and in the manner required for the display of a 18
business license. 19
(6) The board may adopt rules regarding the regulation of the 20
licenses and licensees. 21
NEW SECTION. Sec. 3. (1)(a) No person may engage in or conduct 22
business as a kratom retailer or processor in this state without a 23
valid license issued under this chapter, except as otherwise provided 24
by law. Any person who sells kratom products to consumers must obtain 25
a retailer's license under this chapter. Any person who meets the 26
definition of processor under this chapter must obtain a processor's 27
license under this chapter.28
(b) A violation of this subsection is punishable as a class C 29
felony according to chapter 9A.20 RCW. 30
(2)(a) No person engaged in or conducting business as a retailer 31
or processor in this state may refuse to allow the enforcement 32
officers of the board, on demand, to make full inspection of any 33
place of business or vehicle where any of the kratom products 34
regulated under this chapter are sold, stored, transported, or 35
handled, or otherwise hinder or prevent such inspection.36
(b) A person who violates this subsection is guilty of a gross 37
misdemeanor. 38
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(3)(a) No person may hold both a kratom retailer's license and a 1
kratom processor's license. 2
(b) A person who violates this subsection is guilty of a 3
misdemeanor. 4
(4) The penalties provided in this section are in addition to any 5
other penalties provided by law for violating the provisions of this 6
chapter or the rules adopted under this chapter. 7
NEW SECTION. Sec. 4. A fee of $1,000 must accompany each kratom 8
retailer license application or license renewal application under 9
section 2 of this act. If a kratom retailer sells or intends to sell 10
kratom products at two or more places of business, whether 11
established or temporary, a separate license with a licensee fee of 12
$1,000 is required for each additional place of business.13
NEW SECTION. Sec. 5. A fee of $1,000 must accompany each kratom 14
processor license application or license renewal application under 15
section 2 of this act.16
AGE RESTRICTION17
NEW SECTION. Sec. 6. (1) A person under the age of 21 who 18
purchases or attempts to purchase, possesses, or obtains or attempts 19
to obtain kratom products commits a class 3 civil infraction under 20
chapter 7.80 RCW and is subject to participation in up to four hours 21
of community service. This provision does not apply if a person under 22
the age of 21, with parental authorization if under the age of 18, is 23
participating in a controlled purchase as part of a board, law 24
enforcement, or local health department activity.25
(2) Municipal and district courts within the state have 26
jurisdiction for enforcement of this section. 27
RETAIL REQUIREMENTS28
NEW SECTION. Sec. 7. (1) A person who holds a retailer license 29
issued under this chapter must display a sign concerning the 30
prohibition of kratom product sales to persons under the age of 21. 31
The sign must:32
(a) Be posted so that it is clearly visible to anyone purchasing 33
kratom products from the licensee; 34
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(b) Be designed and produced by the department of health to read: 1
"The sale of kratom products to persons under age 21 is strictly 2
prohibited by state law. Photo ID required upon request."; and3
(c) Be provided free of charge by the department of health.4
(2) A person who holds a license issued under this chapter must 5
display the license or a copy in a prominent location at the retail 6
location for which the license is issued. 7
NEW SECTION. Sec. 8. (1) When there may be a question of a 8
person's right to purchase or obtain kratom products by reason of 9
age, the retailer or agent thereof, must require the purchaser to 10
present any one of the following officially issued forms of 11
identification that shows the purchaser's age and bears the 12
purchaser's signature and photograph:13
(a) Liquor control authority card or identification of a state or 14
province of Canada; 15
(b) Driver's license, instruction permit, or identification card 16
of a state or province of Canada; 17
(c) "Identicard" issued by the Washington state department of 18
licensing under chapter 46.20 RCW; 19
(d) United States military identification; 20
(e) Passport; 21
(f) Enrollment card, issued by the governing authority of a 22
federally recognized Indian tribe located in Washington, that 23
incorporates security features comparable to those implemented by the 24
department of licensing for Washington drivers' licenses. At least 90 25
days prior to implementation of an enrollment card under this 26
subsection, the appropriate tribal authority must give notice to the 27
board. The board must publish and communicate to licensees regarding 28
the implementation of each new enrollment card; or29
(g) Merchant marine identification card issued by the United 30
States coast guard. 31
(2) It is a defense to a prosecution under section 10 of this act 32
that the person making a sale reasonably relied on any of the 33
officially issued identification listed under subsection (1) of this 34
section. The board must waive the suspension or revocation of a 35
license if the licensee clearly establishes that the licensee acted 36
in good faith to prevent violations and a violation occurred despite 37
the licensee's exercise of due diligence. 38
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NEW SECTION. Sec. 9. (1) No person may offer a kratom product 1
for sale in an open, unsecured display that is accessible to the 2
public without the intervention of a store employee.3
(2) It is unlawful to sell or distribute kratom products from 4
self-service displays. 5
(3) Retail establishments are exempt from subsections (1) and (2) 6
of this section if persons under the age of 21 are not allowed in the 7
store and this prohibition is posted clearly on all entrances.8
PROHIBITED ACTS9
NEW SECTION. Sec. 10. (1) A person who sells or gives, or 10
permits to be sold or given, to any person under the age of 21 years, 11
any kratom in any form or kratom product is guilty of a gross 12
misdemeanor.13
(2) It is not a defense to a prosecution for a violation of this 14
section that the person acted, or was believed by the defendant to 15
act, as agent or representative of another. 16
NEW SECTION. Sec. 11. (1) It is unlawful to open a package 17
containing a kratom product or consume a kratom product in view of 18
the general public or in a public place.19
(2) For the purposes of this section, "public place" has the same 20
meaning as provided in RCW 66.04.010, but the exclusions in RCW 21
66.04.011 do not apply. 22
(3) A person who violates this section is guilty of a class 3 23
civil infraction under chapter 7.80 RCW. 24
NEW SECTION. Sec. 12. (1) No person may conduct a delivery sale 25
or otherwise ship or transport, or cause to be shipped or 26
transported, any kratom product ordered or purchased by mail or 27
through the internet to any person.28
(2) A person who knowingly violates this section is guilty of a 29
class C felony, except that the maximum fine that may be imposed is 30
$5,000. 31
(3) In addition to or in lieu of any other civil or criminal 32
remedy provided by law, a person who has violated this section is 33
subject to a civil penalty of up to $5,000 for each violation. The 34
attorney general may seek recovery of the penalty in a civil action 35
in superior court. 36
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(4) The attorney general may seek an injunction in superior court 1
to restrain a threatened or actual violation of this section and to 2
compel compliance with this section. 3
(5) The legislature finds that the practices covered by this 4
chapter are matters vitally affecting the public interest for the 5
purpose of applying the consumer protection act, chapter 19.86 RCW. A 6
violation of this chapter is not reasonable in relation to the 7
development and preservation of business and is an unfair or 8
deceptive act in trade or commerce and an unfair method of 9
competition for the purpose of applying the consumer protection act, 10
chapter 19.86 RCW. Remedies provided by chapter 19.86 RCW are 11
cumulative and not exclusive. 12
(6)(a) In any action brought under this section, the state is 13
entitled to recover, in addition to other relief, the costs of 14
investigation, expert witness fees, costs of the action, and 15
reasonable attorneys' fees. 16
(b) If a court determines that a person has violated this 17
section, the court shall order any profits, gain, gross receipts, or 18
other benefit from the violation to be disgorged and paid to the 19
state treasurer for deposit in the general fund. 20
(7) Unless otherwise expressly provided, the penalties or 21
remedies, or both, under this section are in addition to any other 22
penalties and remedies available under any other law of this state.23
(8) A licensee who violates this section is subject to license 24
suspension or revocation by the board. 25
NEW SECTION. Sec. 13. No person may offer a tasting or a free 26
sample of a kratom product to the general public. A violation of this 27
section is a misdemeanor.28
KRATOM PRODUCT LABELING AND PROCESSING29
NEW SECTION. Sec. 14. A retailer or processor may not process 30
or sell a kratom product that:31
(1) Contains a level of 7-hydroxymitragynine in the alkaloid 32
fraction that is greater than two percent of the alkaloid composition 33
of the kratom product; 34
(2) Contains or is adulterated with a dangerous nonkratom 35
substance; 36
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(3) Is mixed with another compound that is known to inhibit key 1
cytochrome P450 enzymes, including CYP3A4 and CYP2D6, unless the 2
specific product mixtures are scientifically validated as safe under 3
the intended conditions of use and are specifically permitted by the 4
board; 5
(4) Contains any synthesized material produced under a 6
manufacturing process that synthetically changes the composition of a 7
kratom alkaloid or constituent found in the kratom leaf, or contains 8
alkaloids or other plant constituents that have been isolated or 9
manipulated to increase their potency, other than using a board-10
approved extraction method; 11
(5) Is combustible, intended to be used for vaporization, or 12
injectable; 13
(6) Is manufactured or packaged in a manner that is attractive to 14
children; or 15
(7) Is not listed in the directory established in section 19 of 16
this act. 17
NEW SECTION. Sec. 15. A kratom product sold at retail must 18
contain a label with the following:19
(1) A statement that kratom is illegal for use by persons under 20
the age of 21; 21
(2) A statement that recommends against the use of kratom for 22
individuals who are pregnant or breastfeeding; 23
(3) A statement that kratom may be habit-forming;24
(4) A recommendation to consult a health professional before use;25
(5) The following statement: "These statements have not been 26
evaluated by the United States Food and Drug Administration. This 27
product is not intended to diagnose, treat, cure, or prevent any 28
disease."; 29
(6) The name and place of business of the producer/processor 30
responsible for manufacturing the kratom product; 31
(7) Directions for use that include the following:32
(a) A recommended amount of the kratom product per serving that 33
is: 34
(i) Clearly described on the label for kratom product forms such 35
as capsules, gummies, and similar product forms; or36
(ii) A clear instruction or obvious mark on the package or 37
container that clearly informs the consumer of the recommended 38
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serving size for kratom product forms such as beverages, liquids, or 1
loose powders; 2
(b) A recommended number of servings that can be safely consumed 3
in a 24-hour period; 4
(8) A listing of the servings per container; 5
(9) A listing of kratom alkaloids and other ingredients in the 6
kratom product, including mitragynine and 7-hydroxymitragynine; and7
(10) A declaration that any level of 7-hydroxymitragynine does 8
not exceed the alkaloid fraction that is greater than two percent of 9
the overall alkaloid composition of the kratom product.10
NEW SECTION. Sec. 16. (1) Any kratom product sold at retail 11
shall be packaged in accordance with child-resistant effectiveness 12
standards set forth in 16 C.F.R. Sec. 1700.15, as in effect on 13
January 1, 2027, as determined through testing in accordance with the 14
method described in 16 C.F.R. Sec. 1700.20, as in effect on January 15
1, 2027.16
(2) Any person that engages in retail sales of kratom products in 17
violation of this section is guilty of a gross misdemeanor.18
APPROVED KRATOM PRODUCTS/DIRECTORY19
NEW SECTION. Sec. 17. (1) By January 1, 2027, and annually 20
thereafter, every kratom processor of a kratom product sold for 21
retail sale in this state shall execute and deliver to the board a 22
certification, under penalty of perjury on a form and in a manner 23
prescribed by the board, that the processor is:24
(a) In compliance with this chapter; 25
(b) Has submitted a list of each kratom product sold or to be 26
sold in the state, including the product's brand name, product name, 27
type of product, and any other information deemed necessary by the 28
board; and 29
(c) Has submitted a certificate of analysis for each kratom 30
product produced for retail sale in this state in accordance with 31
section 18 of this act. 32
(2) The board shall review the certificates of analysis submitted 33
for each kratom product produced by a processor for compliance and 34
approval. 35
(3) Information submitted by a processor under this section is 36
confidential and exempt from public disclosure under RCW 42.56.270.37
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NEW SECTION. Sec. 18. A processor shall submit kratom products 1
to an independent testing laboratory for testing before sale or 2
distribution. The independent testing laboratory shall test for 3
kratom alkaloids, other ingredients in the kratom products, and the 4
level of 7-hydroxymitragynine present in the kratom product. The 5
independent testing laboratory shall provide a certificate of 6
analysis to the kratom processor who shall submit the certificate of 7
analysis to the board.8
NEW SECTION. Sec. 19. (1) Beginning January 1, 2027, the board 9
shall maintain and make publicly available on its website a directory 10
that lists all processors and kratom products, including brand name, 11
product names, and type of kratom product for which certificates of 12
analysis forms have been submitted and approved by the board.13
(2) The board must update the directory at least monthly to 14
ensure accuracy and establish a process to provide licensed 15
processors, retailers, and other relevant parties notice of the 16
initial publication of the directory and changes made to the 17
directory in the previous month. 18
(3) No processor or the processor's kratom products may be 19
included or retained in the directory if the board determines:20
(a) The processor did not submit a certification in accordance 21
with section 17 of this act; 22
(b) The processor did not complete a certificate of analysis for 23
a kratom product in accordance with section 18 of this act;24
(c) The kratom product's certificate of analysis indicates that 25
the product does not comply with section 14 of this act; or26
(d) The kratom product's labeling and packaging do not comply 27
with the requirements of sections 15 and 16 of this act.28
(4) Beginning January 1, 2027, or on the date the board first 29
makes the directory available for public inspection on its official 30
website, kratom products not included in the directory may not be 31
sold for retail in this state, either directly or through an 32
importer, processor, or retailer. 33
(5) Kratom products not listed in the directory and intended for 34
retail sale in this state or to a consumer in this state are subject 35
to seizure, forfeiture, and destruction or disposal, and may not be 36
purchased or sold for retail sale in this state or to a consumer of 37
this state. The cost of such seizure, forfeiture, and destruction or 38
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disposal shall be borne by the person from whom the kratom products 1
are confiscated. 2
NEW SECTION. Sec. 20. (1) A processor that manufactures a 3
kratom product that contains:4
(a) A controlled substance as defined in RCW 69.50.101 is guilty 5
of a class C felony punishable under chapter 9A.20 RCW; or6
(b) Synthetic mitragynine, synthetic 7-hydroxymitragynine, or any 7
other synthetically derived compound of the plant mitragyna speciosa 8
is guilty of a misdemeanor punishable under chapter 9A.20 RCW.9
(2) Kratom products found to be in violation of this section are 10
subject to seizure and forfeiture and no property rights exist in 11
them. 12
(3) A processor in violation of this section is subject to 13
license revocation by the board. 14
ENFORCEMENT AND PENALTIES15
NEW SECTION. Sec. 21. If the board suspects that a kratom 16
product is being sold or offered for sale in violation of this 17
chapter, the board may require an independent third-party test of the 18
kratom product by an independent testing laboratory of the board's 19
choice. If the kratom product is found to be in violation of this 20
chapter, the board shall seize the kratom product and remove it from 21
sale. The processor of the kratom product is responsible for the 22
costs of the test and any additional costs incurred to remove the 23
product from applicable retailers.24
NEW SECTION. Sec. 22. (1) The board, or its enforcement 25
officers, may enforce the provisions of this chapter.26
(2) The board may revoke or suspend a retailer's or processor's 27
license issued under this chapter upon sufficient cause showing a 28
violation of this chapter. 29
(3) A license may not be suspended or revoked except upon notice 30
to the licensee and after a hearing as prescribed by the board.31
(4) Any person whose license or licenses have been revoked under 32
this section may reapply to the board at the expiration of two years 33
of the license or licenses, unless the license was revoked under 34
section 24(2)(e) of this act. The license or licenses may be approved 35
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by the board if it appears to the satisfaction of the board that the 1
licensee will comply with the provisions of this chapter.2
(5) A person whose license has been suspended or revoked may not 3
sell kratom products or permit kratom products to be sold during the 4
period of suspension or revocation on the premises occupied by the 5
person or upon other premises controlled by the person or others or 6
in any other manner or form. 7
(6) Any determination and order by the board, and any other order 8
of suspension or revocation by the board of the license or licenses 9
issued under this chapter, or refusal to reinstate a license or 10
licenses after revocation is reviewable by an appeal to the superior 11
court of Thurston county. The superior court must review the order or 12
ruling of the board and may hear the matter de novo, having due 13
regard to this chapter and the duties imposed upon the board.14
(7) If the board makes an initial decision to deny a license or 15
renewal, or suspend or revoke a license, the applicant may request a 16
hearing subject to Title 34 RCW. 17
NEW SECTION. Sec. 23. (1) The board and the board's authorized 18
agents or employees may enter any place of business where kratom 19
products are sold for the purpose of enforcing this chapter.20
(2)(a) For the purpose of enforcing this chapter, an enforcement 21
officer of the board who has reasonable grounds to believe a person 22
observed by the officer in proximity to a retailer licensee under 23
this chapter who is purchasing, attempting to purchase, or in 24
possession of kratom products is under 21 years of age, may detain 25
such person in proximity to such retailer for a reasonable period of 26
time and in such a reasonable manner as is necessary to determine the 27
person's true identity and date of birth. Further, kratom products 28
possessed by persons under 21 years of age are considered contraband 29
and may be seized by an enforcement officer of the board.30
(b) Any enforcement officer who detains a person for the purpose 31
of enforcing the provisions of this chapter must collect the 32
following information for each fiscal year: 33
(i) The total number of interactions where an enforcement officer 34
detained a person; 35
(ii) Information on the nature of each interaction, including the 36
duration of the interaction, the justification for the interaction, 37
the number of such persons who were under 21 years of age, and 38
whether any citation or warning was issued; 39
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(iii) How many interactions converted to administrative violation 1
notices; and 2
(iv) How many of the interactions and administrative violation 3
notices converted to retailer education and violations.4
(c) The board must compile the information collected under (b) of 5
this subsection, along with associated demographic data in the 6
possession of the board, and conduct a comparative analysis that is 7
added to the annual report required under RCW 70.345.160.8
(d) All enforcement officers of the board who enforce the 9
provisions of this section and will have interactions with persons 10
under the age of 21 must begin receiving training from the United 11
States department of justice office of juvenile justice and 12
delinquency prevention before January 1, 2027. 13
(e) For the purposes of this subsection, "proximity" means 100 14
feet or less. 15
(3) The board may work with local county health departments or 16
districts and local law enforcement agencies to conduct random, 17
unannounced inspections to assure compliance. 18
(4) The board, law enforcement, or a local health department may, 19
with parental authorization for persons under 18 years of age, 20
include persons under the age of 21 in compliance activities.21
NEW SECTION. Sec. 24. (1) The board may impose a monetary 22
penalty as set forth in subsection (2) of this section, if the board 23
finds that the licensee has violated any provision of this chapter.24
(2) Subject to subsection (3) of this section, the sanctions that 25
the board may impose against a person licensed under this chapter 26
based upon one or more findings under subsection (1) of this section 27
may not exceed the following: 28
(a) A monetary penalty of $1,000 for the first violation within 29
any three-year period; 30
(b) A monetary penalty of $2,500 for the second violation within 31
any three-year period; 32
(c) A monetary penalty of $5,000 for the third violation within 33
any three-year period and suspension of the license for a period of 34
six months for the third violation of section 10 of this act within 35
any three-year period; 36
(d) A monetary penalty of $10,000 for the fourth or subsequent 37
violation within any three-year period and suspension of the license 38
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for a period of 12 months for the fourth violation of section 10 of 1
this act within any three-year period; 2
(e) Revocation of the license with no possibility of 3
reinstatement for a period of five years for the fifth or more 4
violation within any three-year period. 5
(3) If the board finds that a person licensed under this chapter 6
and chapter 82.24 or 82.26 RCW has violated section 10 of this act, 7
each subsequent violation of either of the person's licenses counts 8
as an additional violation within that three-year period.9
(4) Any retailer's licenses issued under chapter 82.24 or 82.26 10
RCW to a person whose retailer's license or licenses have been 11
suspended or revoked for violating section 10 of this act must also 12
be suspended or revoked during the period of suspension or revocation 13
under this section. 14
(5) The board may impose a monetary penalty upon any person other 15
than a licensed retailer if the board finds that the person has 16
violated section 10 of this act. 17
(6) The monetary penalty that the board may impose based upon one 18
or more findings under subsection (5) of this section may not exceed 19
$50 for the first violation and $100 for each subsequent violation.20
(7) The board may develop and offer a class for retail clerks and 21
use this class in lieu of a monetary penalty for the clerk's first 22
violation. 23
(8) The board may issue a cease and desist order to any person 24
who is found by the board to have violated or intends to violate the 25
provisions of this chapter or section 10 of this act, requiring such 26
persons to cease specified conduct that is in violation. The issuance 27
of a cease and desist order does not preclude the imposition of other 28
sanctions authorized by this chapter or any other provision of law.29
(9) The board may seek injunctive relief to enforce the 30
provisions of section 10 of this act. The board may initiate legal 31
action to collect civil penalties imposed under this chapter if the 32
same have not been paid within 30 days after imposition of such 33
penalties. In any action filed by the board under this chapter, the 34
court may, in addition to any other relief, award the board 35
reasonable attorneys' fees and costs. 36
(10) All proceedings under subsections (1) through (8) of this 37
section must be conducted in accordance with chapter 34.05 RCW.38
(11) The board may reduce or waive either the penalties or the 39
suspension or revocation of a license, or both, as set forth in this 40
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chapter where the elements of proof are inadequate or where there are 1
mitigating circumstances. Mitigating circumstances may include, but 2
are not limited to, an exercise of due diligence by a retailer. 3
Further, the board may exceed penalties set forth in this chapter 4
based on aggravating circumstances. 5
NEW SECTION. Sec. 25. All license fees collected and funds 6
collected by the board from the imposition of monetary penalties 7
under this chapter must be deposited into the youth regulated 8
substance prevention account created in section 30 of this act.9
NEW SECTION. Sec. 26. (1) Upon a determination by the secretary 10
of health or a local health jurisdiction that a kratom product may be 11
injurious to human health or poses a significant risk to public 12
health:13
(a) The board, in consultation with the department of health and 14
local county health jurisdiction, may cause a kratom product 15
substance or solution sample, purchased or obtained from any kratom 16
retailer or processor licensee, to be analyzed by an analyst 17
appointed or designated by the board; 18
(b) If the analyzed kratom product contains an ingredient, 19
substance, or solution present in quantities injurious to human 20
health or posing a significant risk to public health, as determined 21
by the secretary of health or a local health jurisdiction, the board 22
may suspend the license of the retailer unless the retailer licensee 23
agrees to remove the product from sale; and 24
(c) If upon a finding from the secretary of health or local 25
health jurisdiction that the kratom product poses an injurious risk 26
to public health or significant public health risk, the retailer does 27
not remove the kratom product from sale, the secretary of health or 28
local health officer may file an injunction in superior court 29
prohibiting the sale or distribution of that specific kratom product 30
substance or solution. 31
(2) Nothing in this section permits a total ban on the sale or 32
use of kratom products. 33
NEW SECTION. Sec. 27. The board may adopt rules necessary to 34
implement, administer, and enforce this chapter.35
EXCISE TAX36
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NEW SECTION. Sec. 28. (1) There is levied and collected a 1
kratom excise tax equal to 11 percent of the retail sales price on 2
kratom products. This tax is separate and in addition to general 3
state and local sales and use taxes that apply to retail sales of 4
tangible personal property, and is not part of the total retail price 5
to which general state and local sales and use taxes apply. The tax 6
must be separately itemized from the state and local retail sales tax 7
and use taxes on the sales receipt provided to the buyer.8
(2) The tax levied in this section must be reflected in the price 9
list or quoted shelf price in the licensed retailer and in any 10
advertising that includes prices for all kratom products.11
(3) All revenues collected from the kratom excise tax imposed 12
under this section must be deposited in the youth regulated substance 13
prevention account under section 30 of this act. 14
(4) The tax imposed in this section must be paid by the buyer to 15
the seller. Each seller must collect from the buyer the full amount 16
of the tax payable on each taxable sale. The tax collected as 17
required by this section is deemed to be held in trust by the seller 18
until paid to the department. If any seller fails to collect the tax 19
imposed by this section or, having collected the tax, fails to pay it 20
as prescribed by the department, whether such failure is the result 21
of the seller's own actions or the result of actions or conditions 22
beyond the seller's control, the seller is personally liable to the 23
state for the amount of the tax. 24
(5) The legislature does not intend and does not authorize any 25
person or entity to engage in activities or to conspire to engage in 26
activities that would constitute per se violations of state and 27
federal antitrust laws including, but not limited to, agreements 28
among retailers as to the selling price of any goods sold.29
NEW SECTION. Sec. 29. All the provisions contained in chapter 30
82.32 RCW not inconsistent with the provisions of this chapter have 31
full force and application with respect to taxes imposed under this 32
chapter.33
YOUTH REGULATED SUBSTANCE PREVENTION ACCOUNT34
NEW SECTION. Sec. 30. The youth regulated substance prevention 35
account is created in the state treasury. All receipts from the 36
kratom excise tax established in section 28 of this act must be 37
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deposited in the account. Moneys in the account may be spent only 1
after appropriation. The legislature must annually appropriate 2
amounts from the account as follows: 3
(1) Twenty-five percent for administration of this chapter; and4
(2) Seventy-five percent for public health education, awareness, 5
and interventions regarding regulated substances. 6
PREEMPTION7
NEW SECTION. Sec. 31. This chapter preempts political 8
subdivisions from adopting or enforcing requirements for the 9
licensure and regulation of kratom product promotions and sales at 10
retail. No political subdivision may impose fees or license 11
requirements on retail outlets for possessing or selling kratom 12
products, other than general business taxes or license fees not 13
primarily levied on such products.14
NEW SECTION. Sec. 32. If the federal government or any 15
department or agency of the federal government regulates kratom, 16
kratom extracts, including 7-hydroxymitragynine, or any derivative of 17
the plant mitragyna speciosa , those federal regulations shall 18
supersede and take precedence over any provision of this chapter and 19
any rule adopted under this chapter that is contrary to the federal 20
action.21
MISCELLANEOUS22
NEW SECTION. Sec. 33. Sections 1 through 32 and 34 of this act 23
constitute a new chapter in Title 69 RCW.24
NEW SECTION. Sec. 34. This act takes effect January 1, 2027.25
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