The proposed West Virginia Kratom Consumer Protection Act aims to regulate the sale and distribution of kratom and kratom products within the state. It establishes a framework requiring businesses involved in kratom to obtain permits from the West Virginia Alcohol Beverage Control Administration Commissioner. The bill mandates independent testing of kratom products to ensure safety and compliance with specified alkaloid levels, prohibits sales to individuals under 21, and bans misleading labeling and the distribution of products containing controlled substances. Additionally, it grants the commissioner authority to create regulations for permit issuance and product testing, while also introducing an 11% privilege tax on kratom sales to fund various state initiatives.

The legislation includes penalties for non-compliance, with first-time offenders facing misdemeanor charges and repeat offenders potentially facing felonies. It also provides a defense for retailers who can prove good faith reliance on a processor's compliance with the law. The bill establishes the "Kratom Licensure Fund" to support the act's enforcement and administration, and it allows existing permit holders a grace period to comply with the new regulations. Overall, the bill seeks to enhance consumer safety and streamline the legal framework governing kratom in West Virginia.

Statutes affected:
Introduced Version: 60-11-1, 60-11-2, 60-11-3, 60-11-3a, 60-11-4, 60-11-5, 60-11-6, 60-11-7, 60-11-8, 60-11-9, 60-11-10, 60-11-11, 60-11-12, 19-12F-1, 19-12F-2, 19-12F-3, 19-12F-4, 19-12F-5, 19-12F-6, 19-12F-7, 19-12F-8, 19-12F-9, 19-12F-10, 19-12F-11, 60-10-1, 60-10-2