TRUSTED CONTENTIs kratom legal in California in 2026? Not to sell or make. Possession is not a state crime.
California has no kratom statute and kratom is not a controlled substance under state law. Since October 24, 2025, the California Department of Public Health has said that kratom and 7-OH products are illegal to sell or manufacture for consumption anywhere in the state, in stores or online.
State agencies have enforced that position since February 9, 2026. Two 2026 bills that would have changed the law did not pass with kratom language. Local rules go further in places: the City of San Diego also bans possession.
Last reviewed: October 2026 • Written and fact-checked by the RehabSeekers.com editorial team against primary legal sources and reviewed for clinical accuracy. See our editorial policy and accreditations & verification standards.
The California kratom ban is not a ban in the usual sense. The Legislature has never passed a kratom law, and kratom is not on the state’s controlled substances schedules. Instead, the California Department of Public Health applies existing food and drug law, the Sherman Food, Drug, and Cosmetic Law, to treat kratom and 7-OH products as illegal to sell. Cities and counties have added their own ordinances on top. This California kratom ban update explains what is and is not illegal in October 2026, what happened to the 2026 bills, which local rules apply, and where to find free, confidential help in California if kratom has become hard to stop.
What California Kratom Law Says Right Now
As of October 2026, kratom is illegal to sell or manufacture for consumption in California, but possessing it is not a state offense. The California Department of Public Health’s position rests on the Sherman Law: Health and Safety Code section 110555 treats a food as adulterated if it contains an unsafe food additive, and section 110620 makes it unlawful to manufacture or sell adulterated food. Because the Food and Drug Administration says kratom cannot lawfully be marketed as a drug, dietary supplement, or food additive, the Department treats every kratom and 7-OH product sold for consumption as unlawful, at any age.
Legal status
No kratom statute. Not a controlled substance. Illegal to sell or manufacture for consumption, according to the state health department.
What is prohibited
Making, selling, or offering kratom or 7-OH foods, supplements, or drugs, in stores or online. There is no legal age to buy.
What is not
Personal possession and use are not state crimes. Some local ordinances differ, including the City of San Diego’s.
Is 7-OH legal in California? No, not to sell. The Department’s warning names 7-hydroxymitragynine products alongside kratom, and state agents remove both from shelves. 7-OH is not a scheduled drug under California law, so the state position targets sellers and manufacturers, not people who have the product. The table shows how the layers fit together.
| Layer of law | Status in October 2026 | What it means for you |
|---|---|---|
| State drug law | Kratom and 7-OH are not scheduled | Possession is not a state crime |
| Department of Public Health, Sherman Law | Sale & manufacture treated as illegal since Oct 24, 2025 | No lawful place to buy kratom or 7-OH |
| City of San Diego (Municipal Code 52.3303, 52.3304) | Mitragynine & 7-OH listed as novel psychoactive drugs since 2016 | Sale and possession are both unlawful in the city |
| Orange County & its cities | Full bans in some cities; 2% 7-OH caps in others and in unincorporated areas | Local penalties on top of the state position |
| Riverside County (adopted Oct 28, 2025) | 21+, 2% 7-OH cap, no synthetic alkaloids | Violations can be charged as misdemeanors |
| San Mateo County (2026) | Sales ban approved for unincorporated areas | First Bay Area county ordinance |
| AB 1088 & SB 758 (2025 to 2026 session) | Neither changed kratom law | No age limit, licensing, or scheduling was enacted |
California Kratom Ban Update: Enforcement, Lawsuits and Bills
The California kratom ban dates from October 24, 2025, when the California Department of Public Health issued a statewide warning that kratom and 7-OH products are illegal to sell or manufacture for consumption. The warning was not a new statute. The Department’s view is that these products were never lawful to sell under food and drug law already on the books. The Department of Alcoholic Beverage Control told its licensees on January 15, 2026 to stop selling the products and clear their shelves.
How enforcement has rolled out
Alcoholic Beverage Control agents made education visits from January 19 to February 8, 2026, and full enforcement began on February 9. By September 2, 2026, the Governor’s office reported 8,038 site visits, 181 violations, a 97.75% compliance rate, and 7,888 kratom and 7-OH products removed from shelves. Licensed businesses that keep selling risk suspension or loss of their state license. Under the Sherman Law, courts can also impose civil penalties of up to $1,000 a day for each violation.
Two court cases stand out. On April 30, 2026, the Department, through the Attorney General, sued a Santee kratom manufacturer in San Diego County Superior Court, alleging it kept making and shipping products after a state embargo. On August 10, 2026, the San Diego City Attorney announced a suit against the owner of eleven smoke shops over kratom sales. At the time of this review we found no court ruling that sets aside the Department’s position.
The Legislature did not act. Assembly Bill 1088, which would have regulated kratom with a 21 age limit, alkaloid limits, child-resistant packaging, processor registration, and a 15% tax, passed the Assembly 76 to 0 on June 2, 2025. Its Senate Health Committee hearing was canceled at the author’s request on June 17, 2026, and it did not pass before the session ended. Senate Bill 758 would have placed 7-OH in Schedule I in its January 2026 form, but the version signed on September 30, 2026 (Chapter 979) deals only with nitrous oxide sales. Unlawful sales can be reported to the Department’s complaint line at (800) 495-3232.
The 2026 enforcement sweep (cumulative retailer visits by state agents)
By March 3, 2026: 4,502 visits, 61 violations, 3,308 products removed
By September 2, 2026: 8,038 visits, 181 violations, 7,888 products removed
Source: Office of the Governor, March 3 and September 2, 2026. Compliance was reported at about 95% in March and 97.75% in September. For other states, see our kratom bans by state page.
Federal vs. California Kratom Law
Kratom is not scheduled under the federal Controlled Substances Act. The Drug Enforcement Administration proposed Schedule I in August 2016 and withdrew the plan that October. The Food and Drug Administration recommended scheduling certain 7-OH products in July 2025, and the Drug Enforcement Administration published a notice of intent on July 6, 2026 to place 7-OH above a set threshold in Schedule I. No final order had been published by early October 2026.
Federal position
Kratom leaf is unscheduled, though the Food and Drug Administration says it cannot lawfully be sold as a drug, dietary supplement, or food additive. Mitragynine pseudoindoxyl, MGM-15, and MGM-16 have been federal Schedule I since August 26, 2026. A federal 7-OH order is pending.
California position
Not a scheduled drug, and no kratom statute. The California Department of Public Health applies the federal food and drug position through the Sherman Law, so sale and manufacture are treated as illegal while possession is left alone. Trackers often list California among states with no kratom-specific law.
Can You Buy Kratom in California? Local Bans and Travel
There is no lawful retail source for kratom or 7-OH in California. The state position covers smoke shops, gas stations, supplement stores, and online sellers, and the Department says it has acted against kratom shipped from out of state to California distribution facilities. Having kratom for personal use is not a state crime, but local law can differ. The City of San Diego makes possession unlawful. In Orange County, local reporting lists full bans in Newport Beach, Dana Point, Tustin, Stanton, Mission Viejo, and the City of Orange, and 2% 7-OH caps in Anaheim, Buena Park, Huntington Beach, Laguna Niguel, Los Alamitos, and unincorporated areas. Riverside County and San Mateo County have their own ordinances, Los Angeles County’s health department ordered retailers to remove the products in November 2025, and Oceanside is also reported to restrict kratom.
California’s neighbors take a different route. Arizona allows sales to adults 18 and older and caps 7-OH at 2% of alkaloids. Oregon allows sales to adults 21 and older under its 2022 kratom law. Nevada regulates kratom products under Nevada Revised Statutes 597.998, and its Board of Pharmacy took up a proposal to schedule 7-OH in April 2026, so check the current rule there. Kentucky will take an approach similar to California’s from January 1, 2027, banning sales without making possession of natural kratom an offense. Check the law at your destination before traveling with any kratom product.
The Health Picture Behind the California Kratom Ban
Kratom’s main alkaloids, mitragynine and 7-hydroxymitragynine, act on the brain’s opioid receptors. People commonly report stimulant-like effects at lower amounts and opioid-like or sedating effects at higher ones. Regular use can lead to physical dependence and withdrawal, which the National Institute on Drug Abuse describes as usually mild to moderate. Concentrated 7-OH is a different matter: the Food and Drug Administration says it can be more potent than morphine. About 1.7 million Americans aged 12 and older used kratom in 2021, according to the National Survey on Drug Use and Health. Dr. Erica Pan, Director of the California Department of Public Health, said these products “have been associated with addiction, serious health harms, overdose and death.”
Losing a regular supply carries a risk worth planning for. People who stop suddenly can go into withdrawal, with restlessness, muscle aches, sweating, irritability, runny nose, stomach cramps, and poor sleep, often starting within 6 to 12 hours of the last use. Some may turn to other substances. Dependence is a health condition, not a moral failing, and tapering or stopping with medical support is safer than stopping abruptly and alone. The Department also advises giving naloxone and calling 911 if someone shows signs of overdose. Read more in our guide to opioid rehab and treatment, the closest clinical match for kratom dependence.
Free California Help & Government Resources
Free, confidential help for kratom and 7-OH dependence is available across California. The lines below cost nothing to call, and asking about treatment is a health matter, not a legal one.
National Helpline
Substance Abuse and Mental Health Services Administration. Free & confidential, 24/7, English & Spanish
1-800-662-4357
988 Suicide & Crisis Lifeline
24/7 crisis support statewide
Call or text 988
CalHOPE Warm Line
Peer-run emotional support by call, text, or chat. Free & confidential. Not a 24-hour line
1-833-317-4673
County access lines
24/7 substance use disorder access line for each of California’s 58 counties
dhcs.ca.gov
Poison Help
For adverse reactions, 24/7
1-800-222-1222
Find a provider
State treatment finder, searchable by ZIP code
choosechangeca.org
Medi-Cal, California’s Medicaid program, covers substance use disorder treatment through county programs. Counties in the Drug Medi-Cal Organized Delivery System provide a continuum of care based on American Society of Addiction Medicine criteria, and the California Department of Health Care Services lists a 24/7 access line for every county. Dialing 211 connects callers to local referrals in most of the state. Naloxone nasal spray, which can reverse an opioid overdose, has been sold without a prescription since 2023.
Finding Treatment for Kratom Dependence in California
No medication is approved specifically for kratom dependence. Because kratom acts on opioid receptors, clinicians often draw on the approaches used for opioid use disorder, and published case reports describe buprenorphine being used for people dependent on kratom. The right level of care depends on how long and how much you have used, and whether other substances or mental health conditions are involved. Common paths include:
Stabilizing safely
Medical detox and detox by substance programs manage withdrawal symptoms under clinical supervision during the hardest early days.
Ongoing care
Outpatient medication clinics, including those offering buprenorphine, intensive outpatient programs, and partial hospitalization programs provide treatment while you keep living at home.
For higher-intensity needs, residential rehab provides a structured, substance-free setting, while sober living homes support the move back to daily life. If cost is a concern, see rehab centers that take Medicaid, which in California means Medi-Cal, along with free rehab options and state-funded programs.
Browse drug and alcohol rehab centers in California by region, starting with Southern California and Northern California. Area pages cover Los Angeles, San Diego, Orange County, Riverside County, San Bernardino County, Ventura County, San Francisco, Sacramento, and Fresno. Smaller communities near San Diego include Coronado, El Cajon, and National City. Near a state line, treatment in Arizona, Nevada, or Oregon may be closer. You can also search the full U.S. locations directory, all treatment programs, and our recovery resources.
California Kratom Laws: Frequently Asked Questions
Is kratom legal in California in 2026?
Not to sell or manufacture. The California Department of Public Health has treated kratom and 7-OH products as illegal to sell or make for consumption since October 24, 2025. Kratom is not a controlled substance in California, so possessing it is not a state crime.
Is kratom illegal to possess in California?
Not under state law. The state position targets sale and manufacture. Local ordinances can differ: San Diego Municipal Code section 52.3304 makes it unlawful to possess mitragynine or 7-hydroxymitragynine within the City of San Diego.
Can you buy kratom in California?
Not lawfully. The Department says kratom and 7-OH products cannot be sold in stores or online, at any age. By September 2, 2026, state agents had removed 7,888 products from shelves.
Is 7-OH legal in California?
No, not to sell or manufacture. The state warning covers 7-hydroxymitragynine products by name. 7-OH is not scheduled under California drug law: a 2026 proposal in Senate Bill 758 to place it in Schedule I was not part of the version that became law.
What is the latest California kratom ban update?
Enforcement is continuing and the law itself has not changed. Assembly Bill 1088, which would have regulated kratom for adults 21 and older, did not pass before the session ended. Senate Bill 758 was signed on September 30, 2026 without kratom provisions. The Governor’s office reported 97.75% retailer compliance on September 2, 2026.
Is Feel Free legal in California?
Any drink, shot, or capsule that contains kratom falls under the state position, so a tonic made with kratom cannot lawfully be sold in California. Check the ingredient label: versions of a product made without kratom are a separate question. Possessing a kratom tonic is not a state crime.
Can you get a kratom prescription in California?
No. The Food and Drug Administration has not approved any drug containing kratom, so there is no prescription form of kratom in California or any other state.
Which California cities and counties ban kratom?
The City of San Diego bans sale and possession. Local reporting lists full bans in Newport Beach, Dana Point, Tustin, Stanton, Mission Viejo, and the City of Orange, with 2% 7-OH caps in several other Orange County cities. Riverside County and San Mateo County have county ordinances. The state position applies everywhere else.
Are MGM-15 and mitragynine pseudoindoxyl legal in California?
No. The Drug Enforcement Administration placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in federal Schedule I by temporary order on August 26, 2026. Federal law applies in California whatever the state schedules say.
Will getting treatment for kratom get me in legal trouble?
No. Personal use is not a state crime, calling a helpline or entering treatment does not create a criminal record, and federal rule 42 CFR Part 2 protects substance use disorder treatment records.
Important: This article is for general information and harm-reduction purposes and is not legal or medical advice. California’s kratom rules rest on an agency position and on local ordinances that differ by city and county, and both can change. For a specific legal question, consult a licensed California attorney; for a health decision, speak with a qualified clinician. If you or someone you know is in immediate danger, call 911.
References and Citations
- California Department of Public Health. News release NR25-016, warning on kratom and 7-OH products, October 24, 2025 (revised January 7, 2026). cdph.ca.gov
- California Department of Public Health. News release NR26-016, legal action against a kratom manufacturer, May 1, 2026. cdph.ca.gov
- Office of Governor Gavin Newsom. 95% compliance with prohibition of illegal kratom products, March 3, 2026. gov.ca.gov
- Office of Governor Gavin Newsom. Illegal hemp, kratom and 7-OH products removed from store shelves, September 2, 2026. gov.ca.gov
- California Department of Alcoholic Beverage Control. Warning to licensees concerning illegal kratom and 7-OH products, January 15, 2026. abc.ca.gov
- California Legislature. Assembly Bill 1088 (2025 to 2026), Public health: kratom. leginfo.legislature.ca.gov
- California Legislature. Senate Bill 758 (2025 to 2026), Public health: nitrous oxide, Chapter 979, Statutes of 2026. legiscan.com
- City of San Diego. Municipal Code chapter 5, article 2, division 33, novel psychoactive drugs. docs.sandiego.gov
- Voice of OC. More Orange County Cities Ban Kratom, April 2026. voiceofoc.org
- The Riverside Record. Supervisors adopt ordinance regulating sale and distribution of kratom. riversiderecord.org
- County of San Mateo. Supervisors introduce ordinance to ban sales of kratom and related products, April 21, 2026. smcgov.org
- Federal Register. Temporary placement of mitragynine pseudoindoxyl, MGM-15 and MGM-16 in Schedule I, August 26, 2026. federalregister.gov
- Federal Register. Notice of intent, temporary placement of 7-hydroxymitragynine above a specified threshold in Schedule I, July 6, 2026. federalregister.gov
- U.S. Food and Drug Administration. FDA and Kratom. fda.gov
- National Institute on Drug Abuse. Kratom. nida.nih.gov
- California Department of Health Care Services. Substance Use Disorder County Access Lines. dhcs.ca.gov
- California Department of Health Care Services. Drug Medi-Cal Organized Delivery System. dhcs.ca.gov
- Substance Abuse and Mental Health Services Administration. National Helpline. samhsa.gov
Kratom Bans & Laws by State
Kratom’s legal status varies widely across the U.S. Select any state below to see its current kratom laws, pending legislation, and local treatment and support resources.
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