Is Kratom Legal In California? The 2026 Update

Kratom is not scheduled as a controlled substance in California, but foods, dietary supplements, and drug products containing Kratom or 7-OH are illegal to sell or manufacture under CDPH’s Sherman Law enforcement position.

As of 2026, Kratom is illegal to sell or manufacture anywhere in the state. Governor Gavin Newsom announced in March 2026 that 95% of California businesses had already complied, with over 3,300 products pulled from shelves. Read on to find out the full answer to “Is Kratom legal in California?”

Table Of Contents:

• Is Kratom Legal In California: At A Glance
• Statewide Status: What California Law Actually Says
• The San Diego Kratom Ban: California’s First Local Ordinance
• City and County Bans Across California
• Legislative History: Key Timeline Of Kratom Legality In California
• Are AB1088 & The California KCPA The Same?
• Can You Buy Kratom in California?
• FAQs

Is Kratom Legal In California: At A Glance

Category	Status
Statewide legal classification	Not a scheduled controlled substance
Statewide sale/manufacture	❌ Illegal (Sherman Law)
San Diego City	❌ Banned since 2016
Los Angeles County	❌ Banned
San Mateo County	⚠️ Ban ordinance introduced (April 2026)
Federal classification	Legal, but DEA “Drug of Concern”
California KCPA	❌ Not adopted

Statewide Status: What California Law Actually Says

Kratom is not legal to sell or manufacture anywhere in California.

How the Prohibition Works

California doesn’t ban Kratom by scheduling it as a controlled substance. Instead, the state uses a different legal approach:

• The CDPH enforces the prohibition under the Sherman Food, Drug, and Cosmetic Act
• Because Kratom has not been approved by the FDA as a food, supplement, or drug, any product containing it is treated as illegal to sell or manufacture
• This approach gives CDPH broad authority to seize products and fine retailers without requiring a formal drug scheduling process

California’s Kratom Crackdown: What the Data Shows

• 🔢 3,308 illicit products removed from California store shelves in three weeks
• 💰 $5 million+ worth of Kratom and 7-OH products seized by CDPH
• ✅ 95% compliance rate achieved across California businesses
• ⚠️ 242 deaths in California linked to Kratom and other herbal supplements between 2020–2022
• 🔢 Nationally, a CDC analysis found Kratom implicated in 846 fatal cases across 30 states and D.C. in 2022

Governor Gavin Newsom announced the 95% compliance milestone in March 2026, stating: “California will not stand by while dangerous, illegal products are sold in our communities. We’ve shown with illegal hemp products that when the state sets clear expectations and partners with businesses, compliance follows.”

The San Diego Kratom Ban: California’s First Local Ordinance

San Diego was the first city in California — and one of the first in the U.S. — to ban Kratom, doing so back in 2016, nearly a decade before the statewide crackdown.

What San Diego’s Ban Covers

❌ Manufacturing Kratom products

❌ Selling Kratom products

❌ Distributing Kratom products

❌ Possession of Kratom

The ordinance falls under broader legislation targeting novel synthetic and psychoactive drugs.

The Enforcement Gap: What Research Found

A peer-reviewed study published in Preventive Medicine Reports by Stanford University or UC San Diego researchers surveyed 614 California vape shops in 2019 and found:

• 62.4% of all California vape shops surveyed stocked Kratom
• 81.1% of vape-and-smoke shops carried Kratom
• 46.2% of San Diego vape shops were still selling Kratom — despite the city’s 3-year-old ban

City and County Bans Across California

Several California jurisdictions have passed their own Kratom-related restrictions in addition to CDPH’s statewide enforcement position. However, not every local rule is written the same way. Some restrict Kratom sales broadly, while others aim specifically at high-7-OH products.

Cities With Active Bans or Restrictions

🔴 San Diego — Local ban in effect since 2016; covers manufacturing, selling, distributing, and possessing Kratom under its novel psychoactive drug ordinance.

🔴 Oceanside — Local Kratom-related restrictions reported.

🔴 Newport Beach — Local Kratom-related restrictions reported.

🔴 Jurupa Valley — Local Kratom-related restrictions reported.

🔴 Sacramento — Active enforcement reported against Kratom and 7-OH products.

🟠 Anaheim — Regulates Kratom products containing more than 2% 7-OH rather than keeping all Kratom products under one blanket ban.

Counties With Bans or Pending Ordinances

🔴 Los Angeles County — Local Kratom-related ban/restriction in effect.

🔴 Riverside County — Local Kratom-related restriction reported.

🟡 San Mateo County — Ordinance introduced in April 2026 to ban the sale or distribution of Kratom and products with detectable 7-OH in unincorporated county areas.

San Mateo County’s April 2026 Ordinance In April 2026, San Mateo County introduced an ordinance that would make it the first Bay Area county to formally ban Kratom. The measure — introduced by Supervisor Ray Mueller — prohibits the sale or distribution of any Kratom product or item with detectable levels of 7-OH in unincorporated county areas, with violations treated as a public nuisance carrying fines up to $1,000 and up to six months in jail. Officer Dr. Kismet Baldwin-Santana backed the ordinance, citing known risks linked to Kratom and its alkaloid derivatives.

Legislative History: Key Timeline Of Kratom Legality In California

Year	Event
2016	San Diego becomes the first California city to ban Kratom
Oct 2025	CDPH issues statewide consumer warning; LA County reports fatal cases tied to Kratom
Jan 19, 2026	ABC begins statewide education campaign at 2,600+ licensed locations
Feb 9, 2026	Full ABC enforcement begins
Mar 2026	Governor Newsom announces 95% compliance; 3,300+ products removed
Mar–Apr 2026	AB1088 advances through the California legislature
Apr 2026	San Mateo County introduces first Bay Area Kratom ban ordinance

Are AB1088 & The California KCPA The Same?

California KCPA (Kratom Consumer Protection Act)

• Model legislation promoted by Kratom advocacy groups
• Would regulate Kratom (age limits, labeling, testing) rather than ban it
• ❌ California has NOT adopted the KCPA
• California’s legislative direction has moved in the opposite way

AB1088

• Introduced by Assemblymember Dr. Jasmeet Bains in February 2025
• The bill would add Kratom products and 7-OH products to California’s Sherman Food, Drug, and Cosmetic Law.
• It would create product, packaging, labeling, and age-limit rules for Kratom and 7-OH products.
• The bill would prohibit the sale of Kratom and 7-OH products to people under 21 years of age.
• In practice, AB1088 would strengthen California’s current enforcement framework.
• However, AB1088 should not be described as identical to the California KCPA.

*A predecessor bill (AB2365, 2024) failed after being assigned to the Senate Appropriations suspense file because its estimated annual costs exceeded $50,000.

Can You Buy Kratom in California?

Based on current California Kratom laws, buying Kratom from any licensed California retailer is not lawfully possible.

What Is Clearly Illegal

❌ Selling Kratom in any product form at any licensed California retailer

❌ Manufacturing Kratom products in California

❌ Stocking Kratom at any ABC-licensed business (risk of license revocation)

❌ In San Diego, LA County, and other jurisdictions: additional local bans apply

What the Law Does Not Currently Criminalize Statewide

• Personal possession of Kratom is not explicitly criminalized under state law
• However, local ordinances in San Diego and other jurisdictions may have stricter provisions

FAQs

1. Is Kratom banned in San Diego specifically?

Yes — and San Diego was one of the first cities in the entire country to ban it, doing so in 2016. The ordinance prohibits manufacturing, selling, distributing, and possessing Kratom. 

Despite the long-standing ban, a 2019 Stanford/UCSD study found that nearly half of San Diego’s vape shops were still stocking Kratom, underlining the enforcement gap that California’s 2026 campaign was designed to close.

2. Are any California cities exempt from Kratom restrictions?

No. Every California jurisdiction is subject to CDPH’s statewide enforcement posture. Some areas also have stricter local bans or restrictions, including San Diego, Los Angeles County, Oceanside, Newport Beach, Jurupa Valley, Riverside County, and Anaheim, where rules aim at Kratom products containing more than 2% 7-OH.

3. Is Kratom a scheduled controlled substance in California?

No, not in the traditional sense. Kratom has not been formally scheduled as a controlled substance under California state law. However, CDPH treats it as an illegal, unapproved additive under the Sherman Law. The practical effect is the same: it cannot lawfully be sold or manufactured in California.

4. Is 7-OH also illegal in California?

Yes. California’s enforcement campaign targets both Kratom and 7-OH, a derivative compound found in some Kratom products. CDPH includes 7-OH products in its seizure and removal actions, and multiple local ordinances — including the proposed San Mateo County ban — explicitly name 7-OH alongside Kratom.

5. Does the federal government ban Kratom?

No. Kratom is not federally banned. The DEA lists it as a “Drug of Concern” but has not scheduled it as a controlled substance. The FDA, however, has issued warnings about Kratom and has taken action to block imports. The result is a patchwork: federally legal but practically restricted — and in California, illegal to sell or manufacture under state law regardless of federal status.

Know about the legal status in detail with our guide on “Is Kratom Legal In My Area?”

6. Is Kratom banned in California?

Kratom is not scheduled as a controlled substance in California, but Kratom and 7-OH products are illegal to manufacture or sell under CDPH’s current Sherman Law enforcement position. Some cities and counties also have local restrictions.

7. Can I order Kratom online in California?

Ordering Kratom online in California is legally risky because the state treats Kratom and 7-OH products as illegal to sell or manufacture. Even if a product is shipped from another state, California’s enforcement position may still apply.

Disclaimer

This article is published by Oasis Kratom for informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Kratom laws vary significantly by state, county, and city and are subject to change. The information in this article reflects publicly available sources as of June 2026 and may not capture the most recent legislative or regulatory developments.

If you have questions about Kratom laws as they apply to your specific situation — including buying, selling, possessing, or distributing Kratom in California or any other jurisdiction — please consult a licensed attorney in the relevant jurisdiction.

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