Plain leaf kratom remains legal statewide in Washington at the state level, but due to a lack of a uniform state preemption law, a growing wave of city-level bans on the sale and distribution of kratom has swept across the state.
Statewide Legal & Legislative Landscape
- Current State Law: There is no statewide prohibition on raw kratom powder, leaves, or extracts under Washington state law.
- Failed State Preemption & KCPA Efforts: The Washington Legislature considered several state-level frameworks, including HB 2291 (the Washington Kratom Consumer Protection Act). The bill sought to create a 21+ age limit, 11% excise tax, and mandatory labeling under the Liquor and Cannabis Board while preempting local city bans. However, the measure failed to pass into law, leaving local municipalities free to enact local sales prohibitions under their local police powers.
- Alternative State Proposals: Senate companion measures like SB 6287 and SB 6196 proposed stricter regulatory taxes (up to 95%) without preempting local city bans.
Detailed City & Local Bans in Washington State
Because the state legislature has not passed local preemption, municipal city councils across Washington have enacted local prohibitions (focusing on prohibiting point-of-sale retail distribution and advertising, though possession generally remains unpunished):
- Mount Vernon: Passed a municipal ordinance banning the sale, distribution, and advertisement of all kratom products and isolated 7-hydroxymitragynine (7-OH). Violations carry a $250 civil fine and risk business license revocation (possession is excluded).
- Spokane: Enacted Ordinance C36820 (Spokane Municipal Code Chapter 10.83), making the retail sale or commercial distribution of any kratom product a civil infraction within city limits.
- Spokane Valley: Passed Ordinance 26-003, making it illegal to advertise, sell, or distribute kratom and kratom-derived products within city jurisdiction.
- Cle Elum: Adopted an emergency moratorium followed by Ordinance No. 1719 (adding Chapter 8.70 to municipal code) to permanently prohibit the sale and retail distribution of kratom products.
- Othello: Enacted Ordinance 1647, prohibiting the commercial sale, display, advertisement, and distribution of kratom and 7-OH formulations.