Washington Kratom Laws in 2025

Kratom, derived from the Mitragyna speciosa tree native to Southeast Asia, has sparked significant debate in Washington and across the United States due to its opioid-like effects, potential therapeutic benefits, and associated health risks. As an herbal substance sold in Seattle vape shops, Spokane gas stations, and online, kratom is marketed for pain relief, anxiety management, and opioid withdrawal support. 

However, its unregulated status, linked to addiction, organ damage, and fatal overdoses, has prompted varying state responses. In Washington, kratom remains legal but faces ongoing scrutiny, with recent legislative efforts aiming to regulate or restrict its use. This article provides a detailed overview of Washington’s kratom laws, recent updates, health and safety concerns, and the future legislative landscape, tailored to inform consumers, advocates, and policymakers in Seattle, King County, and beyond.

Is Kratom Legal in Washington? 

As of June 2025, kratom is legal to buy, sell, possess, and use throughout Washington, with no statewide bans or age restrictions in place. Unlike states like Louisiana, which classified kratom’s active compounds as Schedule I substances in August 2025, Washington has not placed kratom on its controlled substances list under the Uniform Controlled Substances Act (RCW 69.50). 

This means residents in cities like Seattle, Olympia, Spokane, Tacoma, and Everett can access kratom without legal repercussions, provided they adhere to general consumer safety practices. However, the absence of specific regulations creates a “gray area,” leaving consumers vulnerable to risks like contaminated products or misleading marketing.

No Local Bans

Unlike Mississippi, where over 30 counties and cities have restricted kratom, no Washington cities or counties, including King County or Seattle, have enacted independent bans. This uniformity simplifies access but highlights the lack of localized oversight, especially in areas with high kratom use, such as urban centers like Seattle.

Federal Context

At the federal level, kratom is not scheduled by the U.S. Drug Enforcement Administration (DEA), leaving regulation to individual states. The Food and Drug Administration (FDA) does not recognize kratom as a safe dietary supplement, drug, or food additive, labeling it an “unsafe food additive” under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 342). The FDA has issued warnings about kratom’s risks, including liver toxicity, seizures, and substance use disorder, and has taken action against manufacturers for misleading health claims. Despite a 2016 DEA attempt to classify kratom as a Schedule I substance, public backlash led to its withdrawal, reinforcing state-level control.

Recent Legislative Efforts in Washington

Washington’s kratom laws have remained relatively static, but recent legislative proposals signal growing scrutiny. Below are key developments and their implications for consumers and vendors in Washington.

Kratom Consumer Protection Act (KCPA) Proposals

The American Kratom Association (AKA) has advocated for the Kratom Consumer Protection Act (KCPA), a model legislation adopted by states like Oregon and Kentucky to regulate kratom while preserving access. The KCPA typically includes:

• Age restrictions (e.g., 21+ for purchases).
• Mandatory labeling of ingredients and alkaloid content.
• Third-party testing for contaminants like heavy metals or fentanyl.
• Bans on synthetic alkaloids or adulterated products.

In 2022, Washington lawmakers introduced SB 5491, a bill to establish the KCPA, aiming to regulate kratom sales, set a minimum purchase age of 21, prohibit synthetic alkaloids, and require uncontaminated products. However, the bill stalled in committee and did not pass, leaving kratom unregulated.

A 2022 proposal to classify kratom as a controlled substance also emerged but remains under review, with a potential decision expected in late 2025. This proposal reflects concerns about kratom’s health risks, including 68 estimated kratom-related deaths in Washington in 2022, part of the CDC’s reported 846 nationwide. If passed, this could drastically limit access, aligning Washington with states like Alabama or Vermont, where kratom is banned.

Historical Context

Washington’s legislative history shows a cautious approach. In 2017, discussions about a potential kratom ban surfaced but failed to gain traction, reflecting advocacy efforts by the AKA and kratom users who rallied in Olympia in 2018 to highlight its benefits, such as opioid withdrawal support. These efforts, coupled with public outcry in 2016 against the DEA’s scheduling attempt, have kept kratom legal but unregulated.

Misinformation on 2023 KCPA Enactment

Some sources, like a 2023 article from Dr Kratom, incorrectly claimed Washington enacted the KCPA in 2023, citing age restrictions (18+) and mandatory labeling. This claim is unsupported by legislative records from the Washington State Legislature, which show no such law passed. Consumers should verify information through official sources like app.leg.wa.gov to avoid confusion.

Health and Safety Concerns Driving Regulation

Kratom’s legal status in Washington is shaped by its dual reputation as a therapeutic herb and a public health risk. Its active compounds, mitragynine and 7-hydroxymitragynine, interact with opioid receptors, producing stimulant effects at low doses (e.g., increased alertness) and opioid-like sedation at high doses. While users report benefits like pain relief and opioid withdrawal management, medical experts and regulators highlight significant risks.

Documented Kratom Risks

• Addiction and Dependence: Kratom can lead to substance use disorder, with withdrawal symptoms including anxiety, tremors, and cravings, affecting users in Seattle and beyond (Mayo Clinic, 2024).
• Organ Damage: High doses cause liver toxicity, kidney failure, or respiratory depression, as seen in cases treated at Harborview Medical Center or Swedish Medical Center.
• Fatal Overdoses: The CDC reported 846 kratom-related deaths in 2022, with 56 caused solely by mitragynine toxicity. A Washington Post analysis estimated 4,100 deaths nationwide from 2020–2022, with 68 in Washington, highlighting the state’s exposure.
• Contamination Risks: Unregulated products may contain lead, salmonella, or fentanyl, increasing dangers. The FDA flagged salmonella outbreaks linked to kratom in 2018, though Washington was not directly affected.
• Unpredictable Effects: Variations in alkaloid content by plant make dosing inconsistent, raising overdose risks, especially for users combining kratom with other substances.

Public Health Data on Kratom

• Usage Statistics: Approximately 1.9 million Americans used kratom in 2022, with 1.7 million in 2021, per the Substance Abuse and Mental Health Services Administration. In Washington, usage mirrors national trends, particularly among adults aged 26+ (Bicycle Health, 2023).
• Hospitalizations: Seattle hospitals like University of Washington Medical Center have reported increased kratom-related admissions for overdoses or addiction, though exact figures are unavailable.
• Emerging Issue: A 2022 study in Annals of Internal Medicine labeled kratom an “emerging issue,” urging physicians to screen patients for use, similar to cannabis or heroin.

FDA and CDC Stance

The FDA has consistently warned against kratom use, citing risks of liver toxicity, seizures, and death, and has seized products with false health claims. The CDC’s 2016–2017 data linked kratom to 91 overdose deaths, though more recent estimates suggest a higher toll. These federal positions influence Washington’s legislative debates, pushing for regulation or bans to address unregulated sales in King County gas stations or online.

Comparison with Other States

Washington’s permissive stance contrasts with other states’ approaches, reflecting the national patchwork of kratom laws:

• Bans: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin prohibit kratom, with Louisiana’s 2025 Schedule I classification imposing harsh penalties (up to $50,000 fines, five years in prison).
• Regulated Access: Oregon and Kentucky have KCPA laws, setting age limits (21+), labeling requirements, and testing standards. Oklahoma’s 2025 KCPA (SB 891) bans synthetic alkaloids and mandates lab testing.
• Pending Regulation: New Jersey and North Dakota are exploring KCPA-style laws, with North Dakota’s 2025 study (HB 1566) examining kratom’s risks and benefits.
• No Action: States like Wyoming and West Virginia mirror Washington’s lack of regulation, leaving consumers at risk of impure products.

Washington’s failure to pass SB 5491 in 2022 places it behind states like Oregon, where age and labeling rules enhance consumer safety. However, its resistance to outright bans aligns with advocacy efforts prioritizing access over prohibition.

Advocacy and Public Sentiment

The American Kratom Association (AKA) plays a pivotal role in Washington, advocating for KCPA adoption to regulate rather than ban kratom. The AKA’s efforts, supported by vendors and consumers, have blocked bans, as seen in the 2018 Olympia rally and 2016 DEA pushback. The organization emphasizes:

• Consumer safety through testing and labeling.
• Preserving access for therapeutic use, like opioid withdrawal support.
• Educating lawmakers about kratom’s benefits versus risks.

Public sentiment in Washington, reflected in 2016 store runs during the DEA’s scheduling threat, shows strong support among users, particularly those managing chronic pain or opioid dependence. However, critics like Beth Quinn, whose son died from a kratom overdose in 2022, argue for stricter controls, citing the “Wild Wild West” of unregulated sales.

Recent X posts indicate ongoing debates, with some users referencing a Connecticut public act (Public Act 25-101) classifying kratom as a controlled substance, suggesting misinformation or confusion about Washington’s status. These sentiments underscore the need for clear, accurate information.

Practical Advice for Washington Kratom Consumers

Given Washington’s unregulated market, consumers must exercise caution to avoid risks like contamination or addiction. Here are actionable steps:

• Buy from Reputable Vendors: Choose vendors offering third-party lab results for alkaloid content and contaminants, avoiding products without ingredient disclosure. Online vendors often provide better quality than local gas stations.
• Avoid Minors: While no age limit exists, do not provide kratom to those under 21, aligning with proposed KCPA standards and ethical use.
• Monitor Usage: Use kratom responsibly, starting with low doses to avoid dependence or overdose. Consult healthcare providers, especially if combining with medications or managing opioid withdrawal.
• Stay Informed: Follow legislative updates via the Washington State Legislature (app.leg.wa.gov) or AKA (americankratom.org) to track potential bans or KCPA adoption. Late 2025 may bring a controlled substance decision.
• Travel Precautions: Check local laws when traveling, as kratom is banned in states like Vermont or cities in legal states (e.g., San Diego, California).
• Report Adverse Effects: Use the FDA’s MedWatch program to report side effects, contributing to safety data and informing future regulations.

Future Outlook for Washington Kratom Laws

Washington’s kratom laws are at a crossroads, with several potential outcomes by late 2025:

• KCPA Adoption: Renewed efforts to pass a KCPA-style bill, like SB 5491, could introduce age restrictions, labeling, and testing, aligning Washington with Oregon. This would balance access with safety, addressing concerns about contaminants and youth access.
• Controlled Substance Classification: The ongoing review to schedule kratom could result in a ban or restrictions, limiting access and criminalizing possession, as in Louisiana. This would face significant pushback from the AKA and users.
• Maintaining Status Quo: Continued inaction could perpetuate the unregulated market, increasing risks of contaminated products and public health issues, as seen in Seattle’s unregulated sales.
• Local Restrictions: While no cities have banned kratom, urban centers like Seattle or Spokane could enact local ordinances, creating a patchwork within Washington, similar to Mississippi.

Factors Influencing Change

• Public Health Data: Rising hospitalizations or deaths, like the estimated 68 in Washington in 2022, may push lawmakers toward regulation or bans.
• Advocacy Pressure: The AKA’s lobbying and consumer support could sway legislators toward KCPA adoption, preserving access.
• Federal Action: A renewed DEA scheduling attempt or FDA regulatory move could override state laws, though no federal legislation is active as of 2025.
• Regional Trends: Neighboring Oregon’s KCPA success may inspire Washington to follow suit, while Louisiana’s ban could embolden prohibition advocates.

Legal Implications for Kratom Lawsuits

Washington’s unregulated kratom market has fueled lawsuits, particularly wrongful death and class action cases, as families and individuals seek justice for harms like overdoses or addiction. Key legal considerations include:

• Statute of Limitations: Washington’s three-year limit for wrongful death and personal injury claims (RCW 4.16.080) requires prompt action. Exceptions for minors or delayed discovery (e.g., via autopsy) are rare.
• Product Liability: Manufacturers, distributors, or retailers may be liable under RCW 7.72 for defective products, failure to warn, or deceptive marketing. Contaminated kratom (e.g., with fentanyl) supports defective product claims.
• Class Actions: Groups harmed by the same product, like a contaminated batch sold in Seattle, can file class actions under Wash. Super. Ct. Civ. R. 23, seeking damages for medical costs or emotional distress.
• Comparative Negligence: Defendants may argue misuse or polydrug use, reducing damages under RCW 4.22.005, necessitating robust evidence like toxicology reports.

Our Washington Kratom Lawsuit Attorneys assist clients in navigating these complexities, offering free consultations to evaluate claims. Fill out our secure contact form to explore your legal options.

Conclusion

Washington’s kratom laws, as of June 2025, permit unrestricted access but lack regulations to ensure consumer safety, exposing users to risks like contamination, addiction, and overdose. Recent legislative efforts, like the failed SB 5491 and a pending controlled substance review, signal potential changes by late 2025, ranging from KCPA adoption to a possible ban. 

Consumers in Seattle, King County, and beyond must stay vigilant, purchasing from reputable vendors and monitoring legislative updates via app.leg.wa.gov or the AKA. The state’s 68 estimated kratom-related deaths in 2022 underscore the urgency of addressing this public health issue, balancing therapeutic access with robust oversight.

For those harmed by kratom, our Washington Kratom wrongful death Attorneys provide expert guidance, working on a contingency fee basis to seek justice for medical expenses, lost wages, or wrongful death losses. Don’t delay, Washington’s three-year statute of limitations applies. Fill out our secure contact form today to learn how we can help you navigate Washington’s evolving kratom laws and pursue accountability.