Between the years 2010 and 2014, there was a massive increase across the country of kratom users falling ill and suffering adverse effects after using some batches of Kratom this was often in combination with potent pharmaceuticals and illicit substances. Federal authorities, like the DEA as well as the FDA, began to keep track of these incidents, which led to the Food and Drug Administration issuing a health advisory regarding Kratom in 2017. This health advisory prompted some lawmakers to try and ban Kratom in the state. Some state legislators aimed to ban the sale and consumption of Kratom by classifying it as a Schedule I drug in the year 2017. But the users of Kratom have been able to keep Kratom legal in the state till date successfully.

The West Virginia House Bill Numbered 2526 was introduced in February of 2017. Still, a committee on health that was attached to the statehouse amended this bill to remove Kratom from the list along with its more active components. This was also one of the small victories for kratom users of the state of West Virginia as another attempt to ban Kratom was struck down because of popular opinion of the people.

The West Virginia state Senate then looked to enact a ban on Kratom again in the year 2018 with a bill that was first introduced in January of 2018. The state senate bill that was known by the number bill SB2, had very little progression and failed in the state senate. The public response period that was held before the bill was introduced is believed to have helped members of the senate to have a different outlook on Kratom and hence the number of people who wanted to ban Kratom lessened by the time it came to a vote.

There have been no further attempts in the state of West Virginia to ban Kratom after this particular bill was struck down. Thus, Kratom remains legal in the state of West Virginia for all people to buy, store, sell and consume without any difficulties and hardships.