Washington State Cities Step Up Kratom Bans as Legislature Fails to Pass Statewide KCPA

Why it matters

Washington State's patchwork of city-level kratom bans — enacted after the legislature failed to pass a statewide Kratom Consumer Protection Act — shows how local governments are filling regulatory gaps, creating an inconsistent framework that varies by ZIP code.

The big picture

Washington State considered but did not pass HB 2291, the Kratom Consumer Protection Act, during its 2026 session. That bill would have regulated kratom statewide and included a preemption clause barring local bans. Without state action, individual cities have enacted their own ordinances. Spokane, Spokane Valley, Cle Elum, and Othello have all passed ban ordinances in the past year — each with civil (not criminal) penalties and sunset clauses allowing state law to preempt them. MRSC, which advises Washington local governments, has published guidance on the trend.

Key findings

• Washington's 2026 legislature considered but did not pass the Kratom Consumer Protection Act (HB 2291), which would have created a statewide regulatory framework
• At least four Washington cities have now enacted kratom ban ordinances: Spokane (effective April 8, 2026), Spokane Valley (March 16, 2026), Cle Elum (permanent ban enacted January 2026), and Othello (May 1, 2026)
• All four ordinances ban the sale, distribution, and advertising of kratom products including 7-OH within city limits
• Penalties are civil (not criminal) — typically $250 per offense — and businesses may lose their city license for violations
• Spokane's ordinance includes a sunset clause: it remains in effect until preempted by state or federal law
• MRSC advises cities to consult their attorneys and act promptly, noting that future state legislation could preempt local action

What they say

"It is the purpose and intent of this ordinance to protect the public health and safety of Spokane residents by prohibiting the sale and distribution of kratom (Mitragyna speciosa) products to all individuals, including any products containing 7-hydroxymitragynine, mitragynine, or an extract, synthetic alkaloid, or synthetically derived compound," states Spokane Municipal Code Section 10.83.010.

Bottom line

With Washington State's legislature failing to pass statewide kratom rules, at least four cities have enacted local sales bans — creating a fragmented regulatory environment that municipal law experts say could be upended whenever the state finally acts.