Kratom is legal in Washington state under state law. It is not listed as a controlled substance, so buying, possessing, and using it carries no state criminal penalty. Two cities have banned kratom sales locally, no statewide consumer protection rules govern product quality or age, and federal agencies are moving against certain concentrated products. Where you are in the state matters as much as what state law says.
What Washington State Law Says
Washington’s Uniform Controlled Substances Act, at RCW 69.50, lists every substance the state treats as controlled. Neither kratom nor its primary alkaloids, mitragynine and 7-hydroxymitragynine, appear on any of the state’s five schedules. Possessing, buying, and selling kratom carries no criminal penalty under state law. Washington sits with the clear majority of states on this question; only six have banned kratom outright by scheduling its alkaloids: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin.
Where Kratom Is Banned Inside Washington
Local governments have started moving where the state has not. Spokane became the first city in the state to ban kratom when its city council approved Ordinance C36820 on a 6-1 vote in early March 2026. The ordinance prohibits the sale and distribution of kratom within Spokane city limits.1City of Spokane. Spokane City Council Approves Prohibition of Kratom Sales
Spokane Valley followed. Ordinance 26-003 prohibits the sale, distribution, and advertisement of any kratom product within city borders and took effect March 16, 2026. Violations are a class 1 civil infraction carrying a $250 fine, and retailers found guilty may have their business licenses revoked or denied. The city allowed a 30-day education and outreach period with retailers before enforcement began.2City of Spokane Valley. Council Bans Kratom in Spokane Valley
Spokane’s mayor said other jurisdictions in the region were following the city’s lead, so additional local bans are possible.3City of Spokane. Spokane City Council Approves Prohibition of Kratom Sales If you live in or travel through eastern Washington, check current local ordinances before buying.
No Age Limit, No Labeling Rules, No Testing Standard
Washington has no statewide kratom consumer protection law. There is no minimum purchase age, no mandatory labeling, no purity standard, and no required third-party testing. Product quality on shelves in smoke shops and online varies widely, and buyers evaluate what they get on their own.
That could change. House Bill 2291 was prefiled for the 2025-26 session and referred to the Consumer Protection & Business Committee, which held a public hearing on January 30, 2026.4Washington State Legislature. HB 2291 – 2025-26 – Establishing the Kratom Consumer Protection Act As of the most recent legislative records, the bill remains in committee with no further action.
If enacted, HB 2291 would require anyone selling or processing kratom to obtain a license from the Liquor and Cannabis Board. It would ban products with more than 2 percent 7-hydroxymitragynine, products adulterated with dangerous non-kratom substances, anything containing synthesized material, and products designed to be smoked, vaped, or injected. The bill would set 21 as the minimum purchase age, with violators facing a class 3 civil infraction and four hours of community service. Processors would have to submit products to an independent testing laboratory for alkaloid content, ingredient verification, and 7-OH levels before selling them. Labels would need to include processor information, a recommended serving size, a full ingredient list, warnings about habit-forming potential, and a disclaimer that the FDA has not evaluated the product.5Washington State Legislature. HB 2291 – Establishing the Kratom Consumer Protection Act
The Federal Layer
Kratom is not a federally controlled substance. The DEA’s fact sheet confirms it falls outside the Controlled Substances Act, though the agency lists it as a “Drug and Chemical of Concern.”6Drug Enforcement Administration. Kratom Drug Fact Sheet
The FDA has taken a harder line. It has not approved kratom for any medical use and has warned consumers against using it, citing risks of liver toxicity, seizures, and substance use disorder. The agency considers kratom an unsafe food additive, which makes food products containing it adulterated under federal law.7Food and Drug Administration. FDA and Kratom
Concentrated 7-OH Products
In June 2025, the FDA issued warning letters to seven companies illegally distributing 7-hydroxymitragynine tablets, gummies, drink mixes, and shots. In July 2025, it formally recommended that the DEA schedule certain 7-OH products under the Controlled Substances Act.8U.S. Food and Drug Administration. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers
The recommendation targets concentrated 7-OH as a byproduct, not traditional kratom leaf. The FDA characterized 7-OH as “an opioid that can be more potent than morphine” and flagged concerns about products marketed toward teenagers, including fruit-flavored gummies and ice cream cones that may not accurately disclose their 7-OH content.8U.S. Food and Drug Administration. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers The DEA has final authority over scheduling and must go through a rulemaking process with a public comment period before anything is finalized. If 7-OH products are scheduled, that would affect Washington buyers regardless of state law.
The FDA also issued separate warning letters in 2025 to companies marketing 7-OH products as dietary supplements or making therapeutic claims about pain relief and anxiety management. The agency’s position: 7-OH is not lawful in dietary supplements, cannot be added to conventional foods, and no FDA-approved drugs contain it.9U.S. Food and Drug Administration. FDA Issues Warning Letters to Firms Marketing Products Containing 7-Hydroxymitragynine
Imports
The FDA maintains Import Alert 54-15, which authorizes U.S. Customs to detain kratom shipments without physical examination. The FDA treats kratom as a “new dietary ingredient” that was not marketed in the U.S. before October 1994, and because there is no adequate evidence it is safe, the agency considers kratom-containing dietary supplements adulterated under federal law.10U.S. Food and Drug Administration. Import Alert 54-15 The alert does not make domestic possession illegal, but international shipments can be seized at the border. Most kratom sold within Washington arrives through domestic distributors that have already cleared those hurdles.
Employment and Drug Testing
Standard employer drug panels (5-panel, 7-panel, and 10-panel tests) do not screen for kratom alkaloids. They focus on substances like marijuana, cocaine, amphetamines, opiates, and PCP. Department of Transportation testing follows the same federal guidelines and does not include kratom. Specialized laboratory testing using techniques like liquid chromatography-tandem mass spectrometry can detect kratom, but that testing is rare and generally limited to military screenings, probation requirements, or addiction treatment programs.
Kratom’s legality does not automatically protect your job. Private employers in Washington can set their own substance use policies, and some workplace handbooks prohibit any psychoactive substance not prescribed by a doctor. A zero-tolerance policy that reaches beyond federally scheduled drugs can still create employment issues.
Traveling With Kratom
The TSA does not prohibit kratom in carry-on or checked luggage on domestic flights, because the agency defers to federal law and kratom is not a controlled substance. Your destination matters. Flying from Seattle to Alabama, Arkansas, Indiana, Rhode Island, Vermont, or Wisconsin puts you in a state where kratom is banned. Within Washington, carrying kratom into Spokane or Spokane Valley puts you on the wrong side of local ordinances if you intend to sell or distribute it.
For international travel, laws vary sharply by country. Several nations classify kratom as a controlled substance, and carrying it across an international border can bring serious criminal penalties. Check the laws of your destination before packing kratom for any international trip.