AN ACT Relating to the preparation, distribution, and sale of kratom products;
Bill Description
Concerning the preparation, distribution, and sale of kratom products.
What this bill does Powered by Legitron
This bill amends the definitions section of the Uniform Controlled Substances Act (RCW 69.50.101) and adds a new section to chapter 69.50 RCW. The amendments add and revise many definitions used throughout the chapter, including new terms for kratom (kratom extract, kratom processor, kratom product, kratom retailer, and synthesized kratom material), THC concentration thresholds that define cannabis (greater than 0.3% THC dry weight), cannabis concentrates (greater than 10% THC), and cannabis-infused products (no greater than 10% THC), and lot and lot number identification requirements for cannabis products. The kratom extract definition ties residual solvent limits to United States Pharmacopeia 467 as it exists on January 1, 2027.
The new section establishes specific prohibitions and labeling requirements for kratom products sold or distributed in Washington. Prohibited practices include mixing kratom with nonkratom substances that materially change quality or strength or that are poisonous or controlled substances, containing synthesized kratom material, containing a 7-hydroxymitragynine alkaloid fraction greater than two percent of the product’s alkaloid composition, or being mixed with compounds known to inhibit certain cytochrome P450 enzymes. Packages must list all ingredients, percentages of mitragynine and 7-hydroxymitragynine, and the kratom processor’s identity and address. Kratom processors and retailers may not sell or expose kratom products for sale to persons under 21. The section makes violations a gross misdemeanor, permits a person aggrieved by a violation to bring a civil action for damages, and provides a good-faith defense for retailers or processors who relied on manufacturer/packer/distributor representations about ingredients or alkaloid percentages. Cities and counties may enact more restrictive local ordinances.
The act assigns timing to parts of the bill: one section expires June 30, 2027, and another section takes effect June 30, 2027. Some portions of the provided text are incomplete: the full new section numbering and the text of Sections 1 and 2 are not included here, portions of the narcotic and controlled-substance-related definitions are cut off, and other cross-referenced provisions and any additional penalties or regulatory procedures outside the definitions and the kratom section are not present in the extracted facts.
Why it matters Powered by Legitron
If enacted, kratom processors and retailers will face new product standards and clear legal risks: they must avoid mixing kratom with harmful substances or controlled drugs, stop selling synthetically altered kratom, limit 7-hydroxymitragynine to two percent of alkaloids, avoid combining kratom with certain CYP450‑inhibiting compounds, and put a full ingredient list plus mitragynine and 7‑hydroxymitragynine percentages and the processor’s identity and address on labels. They also cannot sell or display kratom to anyone under 21. Those businesses will likely need testing, updated labels, and new age‑verification practices; noncompliance is a gross misdemeanor and exposes sellers to civil lawsuits, though a seller who reasonably relied on a manufacturer’s ingredient claims has a defense. The kratom extract solvent standard ties testing to USP 467 as of Jan 1, 2027, so processors and suppliers will need to meet that limit.
The bill also tightens cannabis definitions and tracking: THC thresholds are specified (cannabis >0.3% THC, concentrates >10% THC, infused products ≤10% THC) and every cannabis lot must carry a lot number that identifies the licensee by business name, Washington UBI, and the harvest or processing date. Cannabis licensees, the Liquor and Cannabis Board, and health and pharmacy regulators will need to apply these definitions and lot‑numbering rules, which will likely increase labeling and recordkeeping duties and compliance checks. Important parts of the act (other sections, some penalties, and full implementation details) are not included in the provided text, so how enforcement will be carried out and how sections 1 and 2 operate in practice is unclear.