The bill amends and reenacts several sections of the Code of West Virginia related to the regulation of kratom products, specifically focusing on registration, enforcement, and penalties associated with the sale and distribution of these products. Key provisions include the introduction of a new section, 19-12F-12, which mandates the Commissioner of Agriculture to implement a software management system for monitoring the registration of kratom manufacturers, processors, distributors, and retailers, as well as inspections and referrals to prosecutors and the Tax Department for violations. Additionally, the bill establishes age verification requirements for the sale of kratom products, stipulating that individuals must be 21 years or older to purchase these items, and outlines the necessary methods for verifying age.

The bill also clarifies the penalties for various violations related to kratom, including criminal penalties for selling contaminated products or selling to individuals under the age of 21. It specifies that first-time offenders may face misdemeanors with fines and potential jail time, while repeat offenders could face felony charges with significantly higher fines and longer imprisonment. Furthermore, the bill includes provisions for administrative sanctions against licensees who violate age restrictions, with escalating penalties for repeated offenses, including license suspension and revocation. The Department of Agriculture is also required to notify the Tax Department of any violations, enhancing enforcement capabilities.

Statutes affected:
Introduced Version: 19-12F-3, 19-12F-6, 19-12F-11, 19-12F-12
Committee Substitute: 19-12F-3, 19-12F-6, 19-12F-11, 19-12F-12
Enrolled Committee Substitute: 19-12F-3, 19-12F-6, 19-12F-11, 19-12F-12