Same product, different punishment, depending on the city
What happened: Starting Tuesday, selling kratom or 7-OH inside Bellingham is a The more serious of Washington's two misdemeanor levels. Punishable by up to 364 days in jail and a $5,000 fine.. Buying and using it stays legal. The City modeled its ban on Mount Vernon's, passed in late August.
Why it matters: Washington cities have split on the penalty. Bellingham and Mount Vernon made selling a crime; Spokane, Spokane Valley and Othello issue civil tickets instead. Whatcom County is leaning toward regulating kratom rather than banning it, so a store a mile outside city limits could face different rules than one inside. A 2026 state bill would have set one statewide rule and barred local bans altogether. It failed. If a version passes when the Legislature returns in January, every one of these local ordinances could be voided.
Update, Oct. 16: the federal Drug Enforcement Administration gave notice Oct. 14 that it intends to temporarily place concentrated 7-OH in Schedule I, the most restricted category. The order can't take effect before Nov. 13 and doesn't cover kratom leaf. Bellingham's ban covers both.
What's next: the County's draft rules (no date set), Lynden's vote on its own ban, the federal order (no earlier than Nov. 13), and the Legislature in January. Follow it on Where things stand