Washington State Weighs Three Competing Kratom Bills — From a 95% Tax to a Consumer Protection Framework

Why it matters

Washington's three-bill approach illustrates the national policy divide in real time: a prohibitive tax that would effectively price kratom out of the market versus a consumer protection model that many other states have already passed. The outcome will likely influence how other states approach the same question.

The big picture

Washington state currently has no kratom-specific regulations. Three competing bills reflect the core fault lines in U.S. kratom policy: maximize taxation to reduce access, ban synthetic 7-OH while leaving natural kratom accessible, or establish the Kratom Consumer Protection Act framework already adopted in 19 states. Small business groups, addiction medicine physicians, and the American Kratom Association all weighed in with opposing views.

Key findings

• Senate Bill 6196 would impose a 95% distributor-level tax on all kratom, with proceeds going to youth drug prevention
• Senate Bill 6287 would ban kratom containing more than 2% 7-OH or any synthetic 7-OH, restrict sales to adults 21+, and allow civil action by harmed customers
• House Bill 2291 would establish the Kratom Consumer Protection Act with an 11% excise tax, mandatory lab testing, child-resistant packaging, and Liquor and Cannabis Board licensing
• Washington Poison Center testified that children have survived near-fatal 7-OH ingestions reversed by naloxone
• The American Kratom Association supports banning synthetic 7-OH but opposes the recordkeeping and criminal penalty provisions of the 95% tax bill
• Opponents of the KCPA bill argue its hard entry barriers are better suited for synthetic products than natural leaf

What they say

We have people exhibiting opiate-like addiction not just from fentanyl or heroin, but from things that they can buy at a gas station. I think that is extremely concerning and we should take action.

Bottom line

Washington State's three-way split on kratom regulation mirrors the national debate — and how these bills land will help define the template for states still undecided.