Registration Info
Emergency Hemp Kratom Rule 2023
SB 220
No hemp/kratom manufacturers or retailers of hemp/kratom products are registered until official notification has been received from the West Virginia Department of Agriculture.
Who is required to register?
Kratom products shall be exempt from registration requirements until January 1, 2025. Kratom manufacturers, distributors and retailers must register with the WVDA.
All hemp and kratom products available for distribution in West Virginia shall register annually with the Department. This includes products manufactured in West Virginia, another state, or another country.
Application for registration must include the following information:
name and address of the registrant, name and address of the person whose name appears on the label, if other than the registrant’s, name of the product, origin of the raw hemp or Mitragyna speciosa with which the final product was manufactured, complete copy of the label that will appear on the product;
associated registration fee.
Registrations shall expire on December 31 of the year for which the registration was issued, regardless of the date the registration is received. Registrations run January – December of said year.
A registration fee of $200.00 per for each hemp and kratom product shall be paid to the Department with the submission of the application.
In lieu of the $200.00 registration fee, a registration fee of $100.00 per hemp product shall be paid to the Department with the submission of the application, if the hemp and kratom material(s) are grown, harvested, and manufactured in West Virginia and the products are registered with the West Virginia Grown program (must submit WV Industrial Hemp License and WV Grown status).
The annual fee for hemp and kratom product registrations shall be capped at $1,000 per registrant for products that are manufactured and sold in West Virginia. In lieu of the $1,000 registration cap fee stated in subdivision 61CSR30 registration cap fee of $500.00 per registrant shall be paid for hemp and kratom products that are grown, harvested, and manufactured in West Virginia, and registered with the WV Grown Program (must submit WV Industrial Hemp License and WV Grown status).
White labeled products by a West Virginia vendor for sale in West Virginia shall be capped at $2,000 per registrant. White labelers must use West Virginia grown hemp in order to be eligible for the cap of $2,000. The white labeler is subject to all fines and enforcement actions related to the white labeled products.
Hemp and kratom products that are of the same chemical composition but of different net quantities qualify as one product.
Hemp and kratom product registrations that come from an international entity shall be required to pay a foreign check fee of $35.00.
The Department may deny or delay registrations and renewals that are incomplete or erroneous.
Distributor or seller of hemp products or extracts.
All retail facilities, including online domains and websites, are required to register with the Department to sell hemp products in West Virginia.
Application to sell and distribute hemp products must include the following information:
name and address of the applicant’s retail store, if the applicant is selling at an on-line store this must be indicated on the form, name and home address of the responsible party. A letter of good standing with the West Virginia State Tax Division and SSN, FEIN or ITIN ID must be included. .
Registration fee is $100.00 per retail establishment.
Registrations shall expire on December 31 of the year for which the registration was issued, regardless of the date the registration is received. Registrations run January – December of said year.
Retail establishments that sell only products that they manufacture themselves are exempt from the requirement to pay the fee to distribute, but are not exempt from the requirement to register annually.
Hemp retail registrations that come from a foreign entity shall be required to pay a foreign check fee of $35.00.
Retail registration excludes restaurant sales for the on-site consumption of foods and drinks containing hemp or hemp derived products. Restaurants selling take-home products are not exempt from registering as a hemp seller.
The Department may deny or delay registrations for incomplete applications.
Registration to distribute and sell kratom products.
All retail facilities, including online domains and websites, are required to register with the Department to sell kratom products in West Virginia.
Application to sell and distribute kratom products must include the following information:
- name and address of the applicant’s retail store; or, if the applicant is selling at an on-line store, this must be indicated on the form, name and home address of the responsible party. A Letter of good standing with the West Virginia State Tax Division and SSN, FEIN, or ITIN ID must be included.
- Non-refundable application fee of $1,500 to manufacture, process, distribute, or sell kratom products in West Virginia.
- Annual registration fee of $300.00 to manufacture, process, sell or distribute kratom products in West Virginia.
- Registrations shall expire on December 31 of the year for which the registration was issued, regardless of the date the registration is received. Registrations run January – December of said year.
- Retail establishments that sell only products that they manufacture themselves are exempt from the requirement to pay the fee to distribute, but are not exempt from the requirement to register annually. Kratom registrations that come from a foreign entity shall be required to pay a foreign check fee of $35.00.
The Department may deny or delay registrations for incomplete applications.
Additional Documents and Information
Hemp Manufacturer Registration of Hemp Products Form
Hemp Retailer / Distributer / Seller Registration Form
Kratom Retailer / Distributer / Manufacturer Registration Form
Hemp Product Complaint Form
Additional WVDA Hemp Information
Current list of Registerable (Allowable) and Un-Registerable (Unallowable) Hemp Products
Contact: hempproducts@wvda.us