Kratom, derived from the Mitragyna speciosa tree native to Southeast Asia, is a widely debated herbal substance used for pain relief, anxiety management, and opioid withdrawal support. Its active compounds, mitragynine and 7-hydroxymitragynine, produce stimulant and opioid-like effects, raising concerns about addiction, organ damage, and overdose risks. As of June 2025, kratom’s legal status in Washington State remains a critical topic for residents, vendors, and advocates.
This article provides a detailed examination of kratom’s legality in Washington, recent legislative developments, health concerns, purchasing options, and implications for potential lawsuits, with a focus on public health data and advocacy efforts.
Is Kratom Legal in Washington?
As of June 2025, kratom is legal in Washington State for purchase, possession, sale, and use with no state-wide restrictions or age limits. Unlike states like Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin, where kratom is banned, Washington has not classified kratom as a controlled substance under the State of Washington Uniform Controlled Substances Act (RCW 69.50). This applies across all cities, including Seattle, Spokane, Tacoma, Olympia, and Everett, with no local bans in counties like King, Pierce, or Snohomish.
However, the absence of regulation raises concerns about product safety, as no government agency oversees the quality, purity, or labeling of kratom products in Washington. This unregulated status contrasts with states like Georgia, Arizona, and Utah, which have adopted the Kratom Consumer Protection Act (KCPA) to ensure testing, labeling, and age restrictions. Recent legislative efforts in Washington, including a proposed KCPA and a potential ban, signal an evolving landscape that consumers must monitor closely.
Historical Context of Kratom in Washington
Washington’s permissive stance on kratom aligns with its progressive approach to natural substances, as evidenced by its early legalization of recreational cannabis in 2012 (RCW 69.50.4013). Kratom has faced minimal legislative scrutiny in the state, with no historical attempts to ban it outright until recent developments. Unlike neighboring Oregon, which passed a version of the KCPA in 2022 (Or. Rev. Stat. § 475C.910), Washington has not implemented state-wide regulations, leaving kratom in a legal gray area.
In 2016, the Drug Enforcement Administration (DEA) proposed classifying kratom as a Schedule I substance nationwide, citing its opioid-like effects and potential for abuse (81 Fed. Reg. 59929). The proposal was withdrawn after significant public backlash, including advocacy from the American Kratom Association (AKA) and over 23,000 comments, many from Washington residents who valued kratom for pain management or opioid withdrawal. Since then, Washington’s legislature has not placed kratom on the controlled substances list, maintaining its legal status.
Recent Legislative Developments: Washington, DC Kratom Laws
Washington Senate Bill 5941 (SB 5941): Proposed Kratom Consumer Protection Act (SB 5491)
Washington Senate Bill 5941 (SB 5941), introduced in January 2022 by Senator Honeyford, aimed to establish the “Washington Kratom Consumer Protection Act.” The bill sought to regulate the manufacture, distribution, and sale of kratom products to ensure consumer safety and product integrity. Although the bill did not advance beyond the Senate Law & Justice Committee and ultimately did not become law, its provisions outlined a comprehensive framework for kratom regulation in the state.
Key Provisions
- Definitions and Scope
SB 5941 provided clear definitions for terms related to kratom regulation:
- Kratom Product: Any product intended for human ingestion that contains any part of the leaf of the plant Mitragyna speciosa or kratom extract.
- Kratom Extract: A substance or compound intended for human ingestion that is derived from, or made by, any part of the leaf of the plant Mitragyna speciosa.
- Kratom Processor: A person who sells, prepares, manufactures, distributes, or maintains kratom products, or advertises, represents, or holds oneself out as selling, preparing, or maintaining kratom products.
- Retailer: Any person who sells, distributes, advertises, represents, or holds oneself out as selling or maintaining kratom products.
- Product Safety Standards
The bill prohibited kratom processors from preparing, distributing, selling, or exposing for sale any kratom product that:
- Is adulterated with a dangerous non-kratom substance that affects the quality or strength of the product to such a degree as to render it injurious to a consumer.
- Is contaminated with a dangerous non-kratom substance, including poisonous or otherwise deleterious non-kratom ingredients.
- Contains levels of residual solvents higher than allowed in the United States Pharmacopeia general chapter 467.
- Contains a level of 7-hydroxymitragynine in the alkaloid fraction greater than two percent of the overall alkaloid composition of the product.
- Contains any synthetic alkaloids, including synthetic mitragynine, synthetic 7-hydroxymitragynine, or any other synthetically derived compounds of the kratom plant.
- Does not provide labeling directions necessary for safe and effective use by consumers, including a recommended serving size.
- Age Restrictions
SB 5941 prohibited kratom processors from distributing, selling, or exposing for sale any kratom product to individuals under 21 years of age. - Enforcement and Penalties
Violations of the product safety standards or age restrictions would subject kratom processors to administrative fines:
- Up to $500 for the first offense.
- Up to $10,000 for the second or subsequent offense.
- Retailers would not be held liable for violations if they could demonstrate, by a preponderance of the evidence, that they relied in good faith upon the representations of a manufacturer, kratom processor, packer, or distributor of food represented to be a kratom product.
- Regulatory Authority
The Washington Department of Health would have been authorized to adopt rules establishing:
- Standards for testing to ensure kratom products are safe for human consumption.
- Accurate labeling of kratom products.
- Other rules necessary to administer the chapter.
Implementation Timeline
Had it been enacted, the provisions of SB 5941 were set to take effect on January 1, 2023.
While SB 5941 did not become law, it represented a significant effort to regulate kratom products in Washington State. The bill’s comprehensive approach aimed to ensure product safety, prevent adulteration and contamination, restrict access to minors, and provide clear labeling for consumers. As kratom use continues to be a topic of public health interest, the principles outlined in SB 5941 may inform future legislative efforts in Washington and other jurisdictions.
Proposed Washington Kratom Consumer Protection Act (SB 5491)
Proposed Kratom Ban (2024)
In September 2024, the Washington State Pharmacy Quality Assurance Commission proposed amending WAC 246-945-051 to classify kratom and its active compounds (mitragynine and 7-hydroxymitragynine) as Schedule I substances, effectively banning it state-wide. This proposal, prompted by a petition citing public health risks, sparked significant opposition from the AKA and kratom users. A webinar hosted by the AKA on September 18, 2024, rallied advocates to fight the ban, emphasizing kratom’s benefits for pain relief and opioid cessation.
As of June 2025, the ban has not been enacted, and the proposal remains under review, requiring multiple legislative steps before becoming law. Previous attempts to criminalize kratom in Washington, including a similar effort a few years ago, failed due to public outcry, suggesting the current proposal faces significant hurdles. The AKA’s advocacy, supported by Washington residents, continues to influence lawmakers, with resources available at protectkratom.org.
Proposed Washington State Kratom Ban 2024 PDF.
Federal Context Impacting Washington
At the federal level, kratom remains unscheduled under the Controlled Substances Act, meaning it is legal to buy, sell, possess, and use in Washington absent state or local restrictions. However, federal agencies have raised concerns:
- FDA Oversight: The FDA classifies kratom as an “unsafe food additive” under 21 U.S.C. § 342, issuing warnings about risks like liver toxicity, seizures, and addiction. In 2022, the FDA linked kratom to over 800 deaths nationwide, though most involved polydrug use. Import Alert 54-15 allows seizure of kratom shipments at U.S. borders, affecting Washington vendors.
- DEA Monitoring: The DEA lists kratom as a “drug of concern” but has not rescheduled it since the 2016 withdrawal. CDC data from 2022 reported 846 kratom-related deaths, with 56 solely mitragynine-related, influencing state-level scrutiny.
- Federal KCPA: A federal Kratom Consumer Protection Act, proposed in 2021 and 2023, aims to regulate kratom as a dietary supplement with testing and age restrictions but has not passed.
Washington’s lack of state regulation aligns with this federal permissiveness but leaves consumers vulnerable to untested products, as no agency ensures quality or safety.
Health and Safety Concerns on Kratom
Kratom’s legal status in Washington is tempered by significant health risks, which fuel regulatory debates:
- Addiction and Dependence: Kratom can cause substance use disorder, with withdrawal symptoms like anxiety, irritability, and cravings, per Mayo Clinic (2024).
- Organ Damage: High doses are linked to liver toxicity, kidney failure, and respiratory depression, treated at Washington hospitals like Harborview Medical Center in Seattle.
- Overdose Risks: The CDC reported 846 kratom-related deaths in 2022, with an estimated 4,100 deaths from 2020–2022, often involving polydrug use (Washington Post, 2023). Symptoms include drowsiness, respiratory depression, and hallucinations.
- Contamination: Unregulated products may contain fentanyl, salmonella, or heavy metals, as flagged by the FDA in 2019. Washington’s lack of testing requirements heightens this risk.
- Usage Statistics: Approximately 1.9 million Americans used kratom in 2022, with Washington’s progressive culture contributing to its popularity (SAMHSA, 2023).
These concerns, coupled with cases like Brendan Quinn’s 2022 kratom-related death in New York, drive calls for regulation or bans, as families advocate for stricter oversight.
Advocacy and Public Sentiment About Kratom Legality
The American Kratom Association (AKA) plays a pivotal role in maintaining kratom’s legality in Washington:
- Advocacy Efforts: The AKA’s 2016 campaign blocked the DEA’s scheduling attempt, and its 2024 webinar mobilized Washington residents against the proposed ban. The organization promotes KCPA adoption to ensure safe, tested products.
- Public Support: Washington’s kratom community, particularly in Seattle, values the herb for managing chronic pain, anxiety, and opioid dependence. Advocacy groups like ProtectKratom.org encourage residents to contact lawmakers to oppose bans and support regulation.
- Opposition: Critics, including families affected by overdoses and some healthcare providers, argue for bans, citing kratom’s risks and lack of FDA approval. A 2024 Annals of Internal Medicine letter urged physicians to screen for kratom use, reflecting growing medical concern.
Sentiment on platforms like X highlights confusion and polarization. Some users mistakenly believe kratom is a federal crime in specific contexts (e.g., military use), while others defend its low addiction potential compared to pharmaceuticals, citing studies downplayed by “Big Pharma.”
Purchasing Kratom in Washington
With kratom legal across Washington, residents can buy it from various sources, but caution is advised due to the unregulated market:
- Local Retail: Available at vape shops, smoke shops, and specialty stores in Seattle, Spokane, Tacoma, and Olympia. Examples include head shops in Capitol Hill or Fremont, though product quality varies.
- Online Vendors: Preferred for better pricing, wider strain selection (e.g., Green Malay, Gold Bali), and lab-tested products. Reputable vendors like Kona Kratom, VIP Kratom, and Super Speciosa offer third-party testing, ensuring purity and safety. Online purchases avoid the high overhead costs of physical stores.
- Safety Tips:
- Choose AKA-certified vendors or those with lab results for alkaloid content and contaminants.
- Avoid gas station or convenience store products, which may be adulterated.
- Verify local laws when traveling, as states like Oregon have stricter regulations.
- Start with low doses (1–2 grams) to assess effects, consulting healthcare providers if combining with medications.
Implications of Kratom Legality in Washington for Lawsuits
Kratom’s unregulated status in Washington increases the risk of contaminated or mislabeled products, potentially leading to lawsuits:
- Product Liability: Under Washington’s Product Liability Act (RCW 7.72), vendors or manufacturers could face claims for defective or adulterated kratom causing harm, such as liver damage or overdose. Evidence like medical records, lab tests, and FDA warnings (2019, 2022) is critical.
- Wrongful Death: Families of deceased users, like those in Washington citing kratom-related deaths, may file claims alleging failure to warn or defective products. Washington’s three-year statute of limitations (RCW 4.16.080) applies.
- Class Actions: If contamination patterns (e.g., fentanyl) emerge, class actions could consolidate claims, similar to Zantac litigation. Our Kratom Attorneys can guide related product liability cases, though Washington-based attorneys with kratom expertise are recommended.
- Challenges: Proving causation is complex due to polydrug use in many overdoses. Robust evidence, including autopsy reports and toxicology analyses, is essential to counter defenses like comparative negligence (RCW 4.22.005).
Practical Advice for Washington Residents
- Stay Informed: Monitor legislative updates via app.leg.wa.gov or aka.org, as the proposed ban or KCPA could change kratom’s status by 2026.
- Buy Safely: Prioritize lab-tested products from online vendors like Super Speciosa or Oasis Kratom. Avoid unregulated local purchases.
- Advocate: Join AKA campaigns at protectkratom.org to support KCPA passage and oppose bans, contacting legislators in Olympia.
- Report Adverse Effects: Use the FDA’s MedWatch program to report issues, contributing to safety data.
- Consult Professionals: Discuss kratom use with healthcare providers, especially at facilities like Harborview Medical Center, to manage risks.
Future Outlook on Washington Kratom Legality
Kratom’s future in Washington hinges on legislative and public health developments:
- KCPA Adoption: Passage of a KCPA by 2026 could regulate kratom, ensuring safer products while maintaining access, following Oregon’s model.
- Potential Ban: The 2024 Schedule I proposal, if revived, could criminalize kratom, imposing fines or imprisonment. Strong AKA advocacy makes this unlikely but possible.
- Federal Influence: A federal KCPA or DEA scheduling could override Washington’s laws, impacting availability.
- Public Health: Rising overdoses (846 in 2022) or contamination incidents could spur stricter regulations, especially if Washington hospitals report increased kratom-related admissions.
Conclusion
As of June 2025, kratom remains legal in Washington State with no restrictions, allowing residents in Seattle, Spokane, and beyond to buy, sell, and use it freely. However, the unregulated market poses risks of contaminated products, prompting calls for the Kratom Consumer Protection Act to ensure safety. A 2024 proposal to ban kratom as a Schedule I substance remains under review, but advocacy from the American Kratom Association and Washington residents may preserve its legality. Consumers must prioritize lab-tested products, stay informed about legislative changes, and advocate for regulation to balance access with safety.
For those harmed by kratom, such as through contaminated products or overdoses, legal recourse is available under Washington’s product liability laws. Our Washington kratom Lawsuit Attorneys can provide guidance on similar product liability claims, though consulting a Washington attorney with kratom expertise is advised. Fill out our secure contact form today to explore your legal options and navigate Washington’s evolving kratom landscape.