No. Since October 24, 2025, the California Department of Public Health (CDPH) has treated any food, dietary supplement or drug containing kratom or 7-OH as adulterated, which makes it illegal to sell or manufacture for consumption at any age, online or in stores. The ban rests on the Sherman Food, Drug, and Cosmetic Law, not a kratom statute, and kratom is not a controlled substance in California. State and local agencies have been seizing product, and many cities and counties have passed their own ordinances.
Last verified . General information, not legal advice.
What changed recently
- AB 2365, a kratom regulation bill, died in committee.
- Riverside County supervisors took up Ordinance 1004, a 21+ rule with a 2% 7-OH cap for unincorporated areas.
- CDPH declared foods, supplements and drugs containing kratom or 7-OH dangerous and illegal to sell or manufacture (NR25-016).
- The Los Angeles County Department of Public Health began inspections to halt kratom sales.
- CDPH revised its release to say the products are illegal to sell or manufacture "for consumption."
- ABC told its licensees to stop selling and remove kratom and 7-OH products immediately.
- CDPH reported more than $5 million in product seized and said ABC would begin licensee enforcement (NR26-005).
- San Mateo County supervisors voted 5-0 for a misdemeanor ban on kratom and 7-OH sales.
- A Senate hearing on AB 1088, a 21+ regulation bill, was canceled at the author's request. It appears to have died when the session ended August 31.
- The Governor reported 8,038 kratom site visits, 181 violations and 7,888 kratom and 7-OH products removed.
- SB 758 was chaptered, per CalMatters, after its 7-OH scheduling language was removed. It now covers nitrous oxide only.
- Federal: DEA published a notice of intent to temporarily schedule 7-OH and MP above 1 mg/g or 1 mg/mL.
The California rules in detail
How the statewide ban works
A January 9, 2026 letter from the CDPH Food and Drug Branch to food registrants and licensees cites Health and Safety Code Sec. 110555. It says kratom and 7-OH are not approved food additives, that products containing them are adulterated and illegal to sell to anyone for consumption, and that CDPH can embargo, seize and impound them anywhere in the state.
This is an agency position, not a statute or regulation. No court challenge was found. CDPH added the words “for consumption” in January 2026, and it is not confirmed whether raw leaf sold as not for consumption is treated differently.
Kratom is not a controlled substance
California has not scheduled kratom or 7-OH. SB 758 first proposed adding non-natural 7-OH to Schedule I, but it was amended in January 2026 to cover nitrous oxide only. The ban comes from food and drug law, not drug scheduling.
Licensed retailers face added risk
ABC licensees that keep selling kratom or 7-OH face discipline up to license suspension or revocation. CDPH has said tobacco retailers may face legal action, and processed food registrants and licensees received the January 2026 letter directly. As of September 2026 the state reported 97.75% compliance among ABC licensees.
AB 1088 did not pass
As amended in June 2026, AB 1088 would have allowed regulated sales at 21+, with per-package caps of 75 mg mitragynine and 0.57 mg 7-OH, alkaloid labels, child-resistant packaging, processor and product registration with lab certification, and a 15% excise tax from July 1, 2027. Its last hearing was canceled and no further action was found. Final status is from trackers, not the official legislative site.
Local rules inside California
State law is not the whole picture. Cities and counties can add their own rules, and some already have.
- San Diego (city). Mitragynine and 7-OH have been banned as novel psychoactive drugs since 2016 (SDMC 52.3302-52.3303). On August 10, 2026 the City Attorney sued the owner of 11 smoke shops, seeking up to $2,500 per violation.
- Coronado. Ordinance 2026-03 adds Chapter 40.74, banning the sale and distribution of kratom. Adopted May 19, 2026; effective June 18, 2026.
- Solana Beach. Ordinance 537 (Chapter 6.40) bans sales to anyone under 21 and requires counter signage. Considered November 13, 2024.
- Newport Beach and Tustin. Blanket bans on kratom and 7-OH, per Voice of OC. Adoption dates were not confirmed.
- Huntington Beach and Anaheim. Restrict products with more than 2% 7-OH. Adoption dates were not confirmed.
- Los Alamitos. April 2026 rules set a 21+ age, ban 7-OH products and bar marketing to children.
- Mission Viejo. A blanket ban was preliminarily approved March 24, 2026. The second vote was not confirmed.
- Dana Point. Adopted a kratom ordinance in February 2026. Its details were not confirmed.
- Orange County (unincorporated). A 2025 ordinance bans synthetic kratom, restricts products over 2% 7-OH, and adds label and age rules.
- Riverside County (unincorporated). Ordinance 1004 sets a 21+ age with ID checks, bans child-appealing packaging, caps 7-OH at 2% of total kratom alkaloids and bars synthetic alkaloids. Violations are misdemeanors punishable by up to $1,000 and/or 6 months in county jail.
- San Mateo County. Supervisors approved a misdemeanor ban on kratom and 7-OH sales on April 21, 2026, the first in the Bay Area. Violators can also lose tobacco and other county permits. The effective date was not confirmed.
- Los Angeles County. Public Health halted sales through inspections starting November 10, 2025, with 2,696 inspections through January 27, 2026 and product impounded at 9 sites. A February 3, 2026 Board motion asked for ordinance options; no ordinance was confirmed.
- Los Angeles (city). The City Council was considering action as of February 2026. No ordinance was confirmed.
Enforcement and penalties
CDPH can embargo, seize and destroy product and take legal action against registrants and licensees. ABC can suspend or revoke licenses. Local environmental health agencies have a state fact sheet for voluntary action, and city attorneys and county counsel enforce local ordinances. CDPH takes complaints at 800-495-3232.
This research did not verify Sherman Law penalty amounts for selling adulterated food, so ask California counsel. Local penalties vary, from misdemeanor fines and jail in Riverside County to civil penalties of up to $2,500 per violation in the San Diego suit.
Federal context
Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.
What this means for sellers
- Do not ship kratom or 7-OH products for consumption to California addresses.
- Screen ship-to addresses on direct, marketplace and drop-ship orders.
- Do not rely on 'not for consumption' labeling to sell into California; whether CDPH treats it differently is unconfirmed, so get California counsel.
- Expect California retail buyers with ABC, tobacco or food licenses to face license action if they stock kratom.
- Recheck in 2027; AB 1088 died with the 2025-26 session, so any regulated market would need a new bill.
Kratom.One does not accept orders shipping to California. If you sell in other states, tell us your ship-to states and we will review them before quoting.
California kratom law FAQ
Is kratom legal in California?
No, not for consumption. Since October 24, 2025, CDPH has treated foods, supplements and drugs containing kratom or 7-OH as adulterated and illegal to sell or manufacture at any age.
Is kratom a controlled substance in California?
No. The state has not scheduled kratom or 7-OH. The ban comes from the Sherman Food, Drug, and Cosmetic Law.
Can adults 21 and over buy kratom in California?
Not under the state's position, which applies at any age. AB 1088 would have created a 21+ market, but it was not enacted.
Do California cities have their own kratom bans?
Yes. San Diego, Coronado, San Mateo County and several Orange County cities have bans, and others set 21+ or 7-OH rules. The list is not complete.
Is 7-OH legal in California?
No, not for consumption. CDPH treats 7-OH in any food, supplement or drug as an adulterant.
How we verified this page
We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.
- CDPH Food and Drug Branch letter on kratom and 7-OH (January 9, 2026)
- CDPH NR25-016 (October 24, 2025; revised January 7, 2026)
- CDPH NR26-005 (January 16, 2026)
- ABC advisory to licensees on kratom and 7-OH (January 15, 2026)
- Governor Newsom release on products removed (September 2, 2026)
- Riverside County Ordinance 1004 board item (October 21, 2025)
- AB 1088 on CalMatters Digital Democracy
What we have not confirmed yet
- The exact statute CDPH relies on beyond Health and Safety Code Sec. 110555, and whether raw leaf sold not for consumption is treated differently.
- Whether the CDPH position has been challenged in court or adopted as a regulation; none was found.
- The official final status of AB 1088, which is presumed dead.
- Chaptered text of SB 758 confirming it has no 7-OH provision.
- Adoption dates and scope for the Newport Beach, Tustin, Huntington Beach, Anaheim, Mission Viejo, Dana Point, Orange County and Riverside County ordinances, and the San Mateo County effective date.
- Whether Los Angeles County or the City of Los Angeles adopted an ordinance after February 2026.
- Other city bans not captured here.
- Sherman Law penalty amounts for selling adulterated food.
Related state pages and guides
- Kratom laws in Nevada: Legal, 18 and over
- Kratom laws in Oregon: Legal, registration required
- Kratom laws in Arizona: Legal, regulated
- All kratom laws by state
- Kratom laws for sellers: state and local rules
- Shipping and returns
- Wholesale kratom FAQ
This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.