Kratom is not illegal in Virginia. Anyone 21 or older can legally buy, possess, and sell it. The state does not classify kratom as a controlled substance; instead, it regulates sales under the Virginia Consumer Protection Act through an age restriction and a mandatory product label, with civil penalties for violations rather than criminal charges.
The Two Rules That Apply
Virginia’s kratom rules sit in subdivision 77 of Virginia Code § 59.1-200 and took effect July 1, 2023. First, it is a prohibited practice to sell a kratom product to anyone younger than 21.1Virginia Code Commission. Virginia Code 59.1-200 – Prohibited Practices The statute does not require sellers to check ID; it prohibits the sale itself and leaves verification up to the vendor.
Second, every kratom product sold in Virginia must carry a label that lists all ingredients and includes this warning verbatim: “This product may be harmful to your health, has not been evaluated by the FDA, and is not intended to diagnose, treat, cure, or prevent any disease.”1Virginia Code Commission. Virginia Code 59.1-200 – Prohibited Practices Selling a product without that label is treated the same as selling to a minor.
What Virginia Does Not Regulate
Beyond the age floor and the label, current law sets no limits on kratom potency, requires no third-party lab testing, and does not mandate product registration. No state agency has inspection or seizure authority over kratom products. Enforcement is largely complaint-driven, and product quality is left for consumers to evaluate themselves. The Virginia Department of Health confirms kratom is subject to the sale and labeling restrictions but does not endorse it as safe.2Virginia Department of Health. Kratom
Penalties for Selling Illegally
Violations are civil, not criminal. No one goes to jail for selling mislabeled kratom or selling to someone under 21. Consequences come from two directions.
Government Enforcement
The Attorney General, a commonwealth’s attorney, or a city or county attorney can seek a court order to stop illegal sales. For willful violations, they can also pursue civil penalties of up to $2,500 per violation, paid to the state’s Literary Fund. Violating an injunction or a voluntary compliance agreement raises the ceiling to $5,000 per violation.3Virginia Code Commission. Virginia Consumer Protection Act – Section 59.1-206
Consumer Lawsuits
Any person harmed by a violation can sue and recover actual damages or $500, whichever is greater. If the court finds the violation was willful, the award can be up to three times actual damages or $1,000, whichever is greater. Successful plaintiffs may also recover attorney fees and court costs.4Virginia Code Commission. Virginia Code 59.1-204 – Individual Action for Damages or Penalty For vendors, that private right of action is the most immediate risk. A customer who buys a mislabeled product and suffers harm can sue directly, without waiting for the Attorney General.
Bills That Would Have Changed This
Virginia’s 2026 legislative session produced two bills that would have significantly tightened kratom rules. Both died in committee, but they show where the debate is moving.
HB 875 would have made it a Class 1 misdemeanor to knowingly sell or possess kratom with intent to distribute it for human consumption, effectively criminalizing most kratom commerce. The bill was left in the House Courts of Justice Committee in February 2026.5Virginia Legislative Information System. HB875 – Kratom; Manufacturing, Selling, Giving, Distributing, or Possessing, Penalties
HB 738 took a regulatory rather than prohibitionist approach. It would have banned products containing 7-hydroxymitragynine above two percent of total alkaloid content, or more than one milligram per serving, and it would have prohibited kratom products shaped like candy or otherwise designed to appeal to children. It also would have required more detailed labeling, including dosage guidance and alkaloid content per serving. The bill was left in the House General Laws Committee in February 2026.6BillTrack50. VA HB738
Because neither bill became law, the 2023 rules remain in effect.
Federal Status and the 7-OH Question
Kratom is not a federally controlled substance. The DEA lists it as a “Drug and Chemical of Concern,” a monitoring designation that carries no legal restrictions.7Drug Enforcement Administration. Drug Fact Sheet: Kratom The FDA has never approved kratom for any medical use.
In July 2025, the FDA recommended scheduling 7-hydroxymitragynine (7-OH), a concentrated compound derived from kratom, under the Controlled Substances Act. The agency was careful to target 7-OH products specifically, not natural kratom leaf.8U.S. Food and Drug Administration. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers If the DEA acts on that recommendation, concentrated 7-OH products such as gummies, tablets, and drink mixes would become illegal nationwide regardless of Virginia’s rules. Natural kratom leaf products would not be affected by that particular action.
Can Cities or Counties Add Their Own Rules?
Virginia is a Dillon Rule state, meaning local governments can only exercise powers the General Assembly has specifically granted them. The Consumer Protection Act does not authorize localities to impose additional restrictions on kratom sales, and no Virginia city or county has enacted a kratom ban or added rules beyond the state requirements. Whether you are buying or selling in Virginia, the state-level rules are what apply.