This bill aims to amend the Code of West Virginia by introducing a new section, 60-11-6a, which prohibits the sale, distribution, and advertisement of Kratom products that resemble electronic cigarettes or vapor devices. The legislation highlights concerns regarding the marketing of Kratom in forms that could confuse minors and young adults, promoting unsafe inhalation practices. It defines key terms related to Kratom and vapor products, and establishes that it is unlawful for any person or business to sell or promote Kratom products that are designed to look like electronic cigarettes or are intended for vaporization.

The bill outlines penalties for violations, with a first offense classified as a misdemeanor punishable by a fine of up to $1,000, while subsequent offenses could incur fines of up to $5,000 and potential suspension or revocation of business licenses. It also allows for the immediate seizure and destruction of non-compliant Kratom products by relevant authorities. However, the bill does provide exceptions for the lawful sale of Kratom in non-inhaled forms, such as powdered, encapsulated, or beverage forms not intended for vaporization. The effective date for this legislation is set for July 1, 2026.

Statutes affected:
Introduced Version: 60-11-6a