SB 985 — Relating to registration and enforcement of kratom products

WEST VIRGINIA LEGISLATURE REGULAR SESSION Enrolled Committee Substitute for Senate Bill 985 BYSENATORSBY THORNE,SENATORSTHORNE, EEDS,ANDEED,ANDAZINGER AZINGER[Passed [Reported March 2,14, 2026,2026; from the Committee on Finance] CS for SB 985 A BILL to amend and reenact §19-12F-3, §19-12F-6, and §19-12F-11 of the Code of West Virginia, 1931, as amended;

in effect 90 days from passage (June 12, 2026)] Enr CS for SB 985 AN ACT to amend and reenact §19-12F-3, §19-12F-6, and §19-12F-11 of the Code of West Virginia, 1931, as amended;

a(7) food"Grower" product,means fooda ingredient,person dietary ingredient, dietary supplement, or beverageentity intendedwhich orgrows marketedkratom for humancommercial consumptionpurposes. containing any part of the leaf of the plant mitragyna speciosa.

Enr CS for SB 985 (7)(8) "Grower""Processor" or "manufacturer" means a person or entity whichthat growsprocesses, kratomcompounds, foror commercialconverts purposes.plant material from mitragyna speciosa into a kratom product.

(8) "Processor" or "manufacturer" means a person or entity that processes, compounds, or converts plant material from mitragyna speciosa into a kratom product.

(a) Any website owned, managed, or operated by a person who manufactures, processes, distributes, offers for sale, or sells a product containing kratom or kratom products to persons in this state, shall employ a neutral age-screening mechanism that verifies that the user is at least 21 years old, including by using an age-gate, age-screen, or other age-verification mechanism approved by the commissioner prove that an individual is 21 years of age or older by requiring an individual to:

CS for SB 985 (1) A first violation of this subsection is a misdemeanor and, upon conviction thereof, a person shall be fined not more than $1,000, confined in jail for not more than one year, or both fined and confined.

Enr CS for SB 985 (2) A second or subsequent violation of this subsection is a felony and, upon conviction thereof, a person shall be fined not more than $5,000, or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

(e) Any person who knowingly distributes or sells kratom or a kratom product to a person under the age of 21 is guilty of a felony and, upon conviction thereof, shall be fined not more than CS for SB 985 $5,000, or imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

Enr CS for SB 985 (f) (1) Any person under the age of 21 who possesses kratom or a kratom product is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail for not more than one year, or both fined and confined.

(1) (2) In the case of any person or entity holding a permit issued by the commissioner under this article charged with any criminal violation enumerated in this section, in addition to such criminal penalties and administrative sanctions imposed, the commissioner may impose CS for SB 985 administrative sanctions including, but not limited to, permanent revocation of any one or more permits held by the violator, revocation of one or more permits held by the violator for a period of time to be determined by the commissioner, suspension of any one or more permits held by the violator for a period of time to be determined by the commissioner, a fine or fines to any one or more permits held by the violator not to exceed $1,000 per each violation as determined by the commissioner, or non-issuance of a permit upon application of a violator.

For purposes of this subsection, administrative sanctions may be Enr CS for SB 985 imposed by the commissioner upon or against any alter ego, agent, representative, or person or entity acting on behalf of, or in the interest of, a violator.

(2) The commissioner may impose the administrative sanctions in subdivision (1) of this subsection upon any person or entity under indictment for any of the criminal violations during, and during the pendency of, a criminal trial therefor.

CS for SB 985 (5) Referrals to the Tax Department for any violation of §19-12F-11 of this code.

Enr CS for SB 985 The Clerk of the Senate and the Clerk of the House of Delegates hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the Senate ...............................................................

Clerk of the House of Delegates Originated in the Senate.

In effect 90 days from passage.

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President of the Senate ...............................................................

Speaker of the House of Delegates __________ The within is ................................................

this the...........................................

Day of ..........................................................................................................., 2026.

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Governor 7