California Kratom Law in 2026: Legal Status and Regulations

TL;DR

As of now, kratom is legal to buy, possess, and use in California for adults aged 18 and over. However, it is not legal everywhere within the state. The cities of San Diego and Oceanside have specific ordinances that ban the substance. California currently lacks statewide regulations for kratom purity, labeling, or testing. Looking toward 2026, the legal landscape will likely be shaped by efforts to pass a statewide Kratom Consumer Protection Act (KCPA), which would introduce safety standards and age restrictions (likely 21+), or by the potential for more cities and counties to enact their own local bans.

Is Kratom Legal in California in 2026?

Yes. As of 2026, kratom is legal in California at the state level. California has not classified kratom or its active compounds, mitragynine and 7-hydroxymitragynine, as controlled substances, and there is no statewide ban on its possession, sale, or use. As a result, kratom products are generally available throughout the state.

However, California does not have a comprehensive statewide regulatory framework governing kratom, such as a Kratom Consumer Protection Act. This means kratom remains largely unregulated at the state level, leaving oversight to local governments. In the past, some cities and counties have enacted local restrictions or temporary bans, while others have repealed them. Because local ordinances can vary and change over time, consumers and vendors should always check city and county laws to ensure compliance.

In summary, kratom is legal in California in 2026, but the absence of uniform statewide regulation means local rules may still apply depending on location.

The Current Legal Landscape: Is Kratom Legal in California Today?

Understanding the California kratom law requires looking at both the state and local levels. While California has not passed any laws to ban or regulate kratom statewide, a few key municipalities have taken matters into their own hands. This creates a patchwork of rules that can be confusing for residents and visitors alike. For now, the state government defers to local jurisdictions, resulting in a system where legality can change simply by crossing a city line.

Statewide Legality and Age Restrictions

At the state level, California law is silent on kratom. This means there are no statutes that explicitly permit, ban, or regulate its sale or possession. In practice, this silence makes kratom legal by default for adults. Most vendors have voluntarily adopted an age restriction, requiring customers to be at least 18 years old, and in some cases 21, to purchase kratom products. This is a standard industry practice rather than a legal mandate from the state of California.

This lack of state-level oversight is a double-edged sword. On one hand, it allows adults access to a product they seek for various personal reasons. On the other, it means the government provides no consumer protection. There are no requirements for laboratory testing, no standards for purity, and no rules for accurate labeling. This absence of regulation is the primary driver behind the push for more comprehensive legislation.

City and County-Specific Bans: The Exceptions to the Rule

The most important exceptions to California’s permissive stance are found in San Diego County. Two major cities there have enacted outright bans:

The City of San Diego: In 2016, the San Diego City Council passed Ordinance No. O-20657, which added kratom to its list of prohibited “psychoactive salts” and “psychoactive herbs.” This ordinance makes it illegal to possess, sell, transport, or manufacture kratom within the city limits. The inclusion was part of a broader effort to control the sale of synthetic drugs and other novel substances.
The City of Oceanside: Following San Diego’s lead, Oceanside also has an ordinance that specifically lists Mitragyna speciosa as a prohibited substance. The rules are similar, effectively banning the sale and possession of kratom within the city.

These local bans mean that while you can legally buy kratom in Los Angeles or San Francisco, you would be breaking the law by possessing it in San Diego. This is a critical detail for anyone traveling within Southern California.

The “Legal but Unregulated” Dilemma

The current situation in California highlights a significant public health dilemma. An unregulated market exposes consumers to potential risks. Without mandatory testing, products could be contaminated with heavy metals like lead and nickel, or pathogens such as salmonella. There have been several multi-state salmonella outbreaks linked to contaminated kratom products in recent years.

Furthermore, the potency of kratom can vary wildly between brands and even between batches from the same brand. Without standardized labeling that details the concentration of key alkaloids like mitragynine and 7-hydroxymitragynine, consumers cannot make informed decisions about dosage. This lack of quality control is what advocacy groups and some legislators hope to solve with new laws.

Current Legislative Effort: California Assembly Bill 1088 (AB 1088) – 2026

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Assembly Bill 1088, authored by Assemblymember Bains and heard by the Assembly Committee on Environmental Safety and Toxic Materials on April 29, 2025, proposes critical regulations on kratom and its psychoactive derivative, 7-hydroxymitragynine (7-OH). The bill seeks to integrate kratom-related products under the Sherman Food, Drug, and Cosmetic Law (Sherman law), establishing new consumer protection standards focused on public health, youth safety, and product accountability.

Key Provisions of AB 1088

Product Definitions:
AB 1088 provides precise definitions to eliminate ambiguity around kratom regulation:
- Kratom Product: Any form of kratom leaf, kratom extract, or combination thereof.
- 7-OH Product: Any product containing 7-hydroxymitragynine.
- Total Kratom Alkaloids: The combined content of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-OH.
Packaging Standards:
The bill mandates child-resistant packaging for kratom and 7-OH products. Accepted standards include:
- Packaging compliant with the Poison Prevention Packaging Act of 1970, or
- Heavy-duty, heat-sealed plastic of at least 4 mils thickness without easy-open features.
Sales Restrictions:
- Prohibits the sale or distribution of kratom and 7-OH products to individuals under 21 years old.
- Requires online retailers to implement effective age-verification mechanisms.
Marketing Limitations:
- Explicitly bans packaging, labeling, or marketing that is attractive to children, including but not limited to:
  - Use of cartoons, fictional characters, or imagery associated with toys or candy.
  - Packaging mimicking popular snack foods, cereals, or sweets.
  - Use of terms like “candy” or their variations.
- Empowers the California Department of Public Health (CDPH) to determine additional criteria that render packaging appealing to minors.
Potency Cap on 7-OH:
- Prohibits products containing more than 2% 7-hydroxymitragynine relative to the total kratom alkaloid content, aligning with standards in other regulated states.

AB 1088 represents a significant step toward establishing a structured, statewide regulatory framework for kratom in California. Rather than banning kratom outright, the bill introduces sensible regulations designed to safeguard consumers, particularly minors, while addressing the public health risks associated with unregulated kratom and 7-OH products.

As of June 30, 2025, California Assembly Bill 1088 (AB 1088) has not yet been enacted into law. The bill is currently progressing through the legislative process.

Current Status of AB 1088

Introduced: February 20, 2025, by Assemblymember Jasmeet Bains.
Committee Hearings:
- April 22, 2025: Heard by the Assembly Committee on Environmental Safety and Toxic Materials.
- April 29, 2025: Reviewed by the Assembly Committee on Health.
- May 21, 2025: Considered by the Assembly Appropriations Committee.
Latest Action: As of June 11, 2025, AB 1088 has been referred to the Assembly Committee on Health for further consideration.

If California Assembly Bill 1088 passes, kratom and products containing 7-hydroxymitragynine (7-OH) will remain legal but face strict regulations statewide. The bill would prohibit sales to anyone under 21, require child-resistant packaging, and ban marketing that appeals to children, such as cartoon images or candy-like branding. It also sets a potency limit, restricting 7-OH to no more than 2% of total kratom alkaloids in any product. Violations would result in fines under the state’s Sherman Food, Drug, and Cosmetic Law. This legislation aims to improve consumer safety while preventing youth access and curbing the sale of dangerously potent kratom products.

Failed Regulatory Efforts: Assembly Bill 2365

In 2024, Assemblymember Matt Haney (D-San Francisco) introduced Assembly Bill 2365 (AB 2365), dubbed the Kratom Safety Act, to regulate California’s kratom market. The bill, which stalled in the Senate Appropriations Committee’s suspense file on August 15, 2024, aimed to address the “total free-for-all” described by Haney, where kratom is sold without labeling, dosage guidance, or age limits. Key provisions of AB 2365 included:

Registration with the State: Kratom processors would register with the California Department of Public Health, paying an annual fee based on sales volume to fund oversight.
Labeling Requirements: Products would list mitragynine and 7-hydroxymitragynine concentrations, include FDA warnings about unapproved status, and provide safe-use instructions.
Age Restriction: Sales to individuals under 21 would be prohibited, aligning with tobacco and alcohol laws.
Product Safety Standards: Bans on synthetic alkaloids, limits on alkaloid potency, and prohibitions on child-attractive or inhalable kratom products.
Enforcement: Violations would trigger fines, registration revocation, or misdemeanor charges, with a grace period for compliant processors until April 1, 2025.

The Push for Regulation: California’s Kratom Consumer Protection Act (KCPA)

The primary legislative effort concerning kratom in California and across the country is the Kratom Consumer Protection Act (KCPA). This is a piece of model legislation drafted and promoted by the American Kratom Association (AKA), a consumer advocacy group. The goal of the KCPA is not to ban kratom but to regulate it, creating a safe and transparent market for adult consumers. Several states, including Utah, Georgia, and Arizona, have already passed versions of the KCPA.

What is the Kratom Consumer Protection Act?

The KCPA provides a clear framework for regulating the kratom industry. While the exact text can vary from state to state, its core components are consistent. If California were to pass a version of the KCPA, it would likely include the following provisions:

Age Restrictions: Prohibit the sale of kratom products to individuals under a certain age, typically 21.
Product Labeling: Mandate that all kratom products sold in the state include a label that clearly lists the ingredients, the amount of mitragynine and 7-hydroxymitragynine, and the manufacturer’s contact information.
Prohibition of Adulterants: Make it illegal to sell any kratom product that contains dangerous non-kratom substances or a level of 7-hydroxymitragynine that is dangerously high (often defined as more than 2% of the total alkaloid content).
Mandatory Testing: Require vendors to have their products tested by an independent third-party laboratory to ensure they are free of contaminants and that the alkaloid levels match the label.
Registration and Penalties: Establish a system for registering kratom vendors and create clear penalties, including fines and potential criminal charges, for those who violate the law.

Past Legislative Attempts in California

California has seen attempts to pass a KCPA before. In 2020, Assembly Bill 2362 was introduced with the goal of establishing a regulatory framework for the sale of kratom. The bill aimed to implement many of the core tenets of the KCPA, including age limits and labeling requirements. However, the bill ultimately stalled in committee and did not advance, a common fate for many bills during a legislative session disrupted by the COVID-19 pandemic.

Since then, advocates have continued to engage with lawmakers, but a new bill has yet to gain significant traction. The legislative process in a state as large as California is complex, and getting a bill passed requires substantial support from lawmakers, industry stakeholders, and the public. The failure of past attempts highlights the challenges involved in educating legislators about kratom and overcoming opposition from public health groups that favor a ban.

The Outlook for a Future KCPA in 2025-2026

Looking toward 2026, the prospect of a California KCPA remains uncertain but possible. The primary argument in its favor is consumer safety. Proponents argue that regulation is a common-sense middle ground between an outright ban and the current dangerous, unregulated market. A regulated market would protect consumers, hold vendors accountable, and potentially generate tax revenue.

However, opposition remains. Some public health organizations and officials align with the FDA’s stance, arguing that kratom has not been proven safe and effective for any medical use and has a potential for abuse. They may lobby for a statewide ban similar to those in states like Alabama or Indiana. The future of the California kratom law will depend on which of these arguments proves more persuasive to the state legislature in the coming years.

Understanding Local Bans: A Closer Look at San Diego and Oceanside

The decisions made by the city councils in San Diego and Oceanside offer a window into the reasoning behind kratom prohibitions. These local ordinances were not passed in a vacuum; they were a response to growing concerns about new and unregulated substances being sold in head shops and convenience stores. Understanding their history is key to predicting whether other cities might follow suit.

The San Diego Ordinance: Rationale and Impact

San Diego’s ban was enacted in 2016. The city’s ordinance was designed to give law enforcement a tool to crack down on the sale of synthetic cannabinoids (like “Spice”) and cathinones (“bath salts”). Kratom was added to a list of prohibited substances that also included synthetic marijuana and other chemicals. The rationale was to group kratom with other “new psychoactive substances” that were being sold without any regulatory oversight.

The impact on local consumers and businesses was immediate. Retailers were forced to pull all kratom products from their shelves, and some businesses that specialized in kratom had to close or relocate. For residents, the ban meant they could no longer legally purchase kratom within the city. Many now travel to neighboring cities or unincorporated areas of San Diego County where the ban does not apply. This creates a confusing and inconvenient situation where a person’s ability to legally purchase a product depends on which side of a street they are on.

Oceanside’s Similar Stance

The city of Oceanside, also in San Diego County, has a similar municipal code that prohibits the sale of kratom. Like San Diego, Oceanside’s ordinance groups kratom with a variety of synthetic drugs. The enforcement and impact are much the same: local businesses cannot sell it, and residents cannot legally possess it. These ordinances are enforced by local police, and violations can result in fines or other penalties. The existence of these bans demonstrates the power of municipal governments to enact stricter laws than the state.

The Risk of More Local Bans

The key question for the future is whether more California cities will adopt bans like San Diego and Oceanside. This is a real possibility, especially if the state continues to avoid creating a statewide regulatory framework. A local government might consider a ban for several reasons:

Public Health Department Recommendations: A county health department could issue a report or advisory recommending a ban, which could influence the city council.
Local Incidents: A series of local health emergencies or law enforcement incidents perceived to be linked to kratom could trigger a call for action.
Precautionary Principle: Some officials may decide to ban the substance out of an abundance of caution, citing the FDA’s warnings and the lack of federal regulation.

Without a statewide KCPA, the legal status of kratom in California could become an increasingly fractured map of local permissions and prohibitions. This uncertainty is a major concern for both consumers and the businesses that serve them.

Federal Oversight and Its Influence on California Kratom Law

While kratom regulation is largely a state and local issue, the positions of federal agencies like the FDA and the Drug Enforcement Administration (DEA) cast a long shadow over the debate in California. State lawmakers often look to federal guidance when crafting their own policies, and the ongoing skepticism from these agencies provides ammunition for those who support a statewide ban.

The FDA’s Position on Kratom

The FDA has been the most vocal federal critic of kratom. For years, the agency has issued public health advisories warning consumers about the substance. The FDA’s official position is that there is no reliable evidence to support the use of kratom as a treatment for any medical condition. The agency has also pointed to reports of adverse events associated with kratom use, and it has conducted chemical analyses suggesting that some of kratom’s compounds have opioid-like properties.

The FDA has used its authority to seize kratom shipments at U.S. ports through an import alert, and it has sent warning letters to companies making unproven health claims about their products. This consistent opposition from a major federal health agency makes some state legislators hesitant to pass laws that would legitimize the kratom market.

The DEA’s Role and the 2016 Reversal

The most significant federal action concerning kratom occurred in August 2016. The DEA announced its intent to use its emergency scheduling authority to classify kratom’s two primary alkaloids, mitragynine and 7-hydroxymitragynine, as Schedule I substances. This would have placed kratom in the same category as heroin and LSD, effectively banning it nationwide.

The announcement triggered a massive public backlash. Tens of thousands of people signed petitions, made calls to Congress, and shared personal stories about how they used kratom. In an unusual move, the DEA withdrew its notice of intent in October 2016, stating it would instead open a formal public comment period. This event was a major victory for kratom advocates and demonstrated the power of organized, grassroots advocacy. It effectively halted the immediate threat of a federal ban and shifted the focus of the legal battle to the states.

How Federal Ambiguity Affects State-Level Decisions

The current federal situation is one of ambiguity. The DEA has not moved to schedule kratom, but the FDA continues to warn against it. This lack of a clear, unified federal policy puts the responsibility squarely on the shoulders of states like California. The federal government’s indecision creates a legal vacuum that state legislatures are now being forced to address.

This ambiguity influences the debate in Sacramento. Proponents of a KCPA can argue that since the federal government has not banned kratom, the state should regulate it to ensure safety. Opponents, however, can point to the FDA’s warnings as a reason to enact a state-level ban. This federal uncertainty is a key reason why the future of California kratom law remains so contested.

What Regulated Kratom in California Would Look Like in 2026

If California were to pass a version of the Kratom Consumer Protection Act by 2026, it would fundamentally transform the market for consumers and vendors. A regulated environment would move kratom out of the legal gray area it currently occupies and establish it as a legitimate, albeit controlled, product. This shift would bring about significant changes for everyone involved.

For Consumers: Safer Products and Clearer Information

The most direct beneficiaries of a KCPA would be consumers. A regulated market would provide several key protections that are currently absent:

Confidence in Purity: Mandatory lab testing would ensure that kratom products sold in California are free from dangerous levels of heavy metals, bacteria, and other contaminants.
Accurate Dosing Information: Labels would be required to list the concentration of the main alkaloids. This would allow consumers to make more informed decisions and better control their intake, reducing the risk of taking too much.
Age Verification: A strict age limit of 21 would help keep the product out of the hands of minors and high school students.
Elimination of Dangerous Products: The law would prohibit kratom products that have been dangerously adulterated with other substances, a practice that has been linked to some of the most serious health incidents.

In a regulated market, a consumer could walk into a store, scan a QR code on a package, and see a lab report for that specific batch. This level of transparency would be a dramatic improvement over the current system.

For Vendors: A Legitimate and Stable Market

While regulation would impose new costs and responsibilities on vendors, it would also offer significant benefits. Responsible business owners would operate in a much more stable and predictable environment.

A Level Playing Field: Regulation would force all vendors to adhere to the same safety and quality standards. This would prevent unscrupulous sellers from undercutting responsible businesses by selling cheap, untested, or contaminated products.
Reduced Legal Risk: With a clear set of rules to follow, vendors would no longer have to worry about the constant threat of local bans or other sudden legal changes. This stability would encourage investment and allow the industry to mature.
Increased Legitimacy: Operating within a state-regulated framework would lend legitimacy to the industry. It would help separate kratom from the synthetic drugs it is often unfairly grouped with and establish it as a distinct and legal product for adults.

Potential Economic Impact

A regulated kratom market in California could also have a positive economic impact. The industry already supports numerous small businesses, from growers and importers to processors and retailers. Regulation would allow these businesses to operate more openly and securely. Furthermore, the state could implement a system of licensing fees or taxes on kratom products, generating a new stream of revenue that could be used to fund public health and education programs. This stands in stark contrast to the current unregulated market, which generates no direct tax revenue for the state.

Navigating Kratom Legality as a California Resident or Visitor

Given the current mixed legal status, anyone in California who uses or is considering using kratom needs to be careful and well-informed. The rules can be confusing, and ignorance of a local ordinance is not a valid legal defense. Following a few simple guidelines can help you stay safe and on the right side of the law.

Know Your Local Ordinances

The most important rule is to remember that state legality does not guarantee local legality. Before purchasing or possessing kratom, you must check the laws of the specific city and county you are in.

Check Municipal Codes: The easiest way to do this is to search online for the municipal code of the city you are in. For example, a search for “San Diego municipal code kratom” will lead you directly to the relevant ordinance.
Be Aware When Traveling: If you are traveling within California, be mindful of your route. Driving from Los Angeles (where kratom is legal) to San Diego (where it is not) with kratom in your car would mean you are breaking the law as soon as you cross the city limits.
When in Doubt, Ask: If you are unsure, you can call a local smoke shop or specialty store (outside of banned areas) and ask about the local laws. They are typically well-informed about the regulations in their area.

Sourcing Safe Kratom in an Unregulated Market

Because there are no state-mandated quality controls, the burden of finding a safe product falls on the consumer. Here are some tips for sourcing kratom more safely:

Look for AKA GMP Participants: The American Kratom Association has a Good Manufacturing Practices (GMP) program. Vendors who participate in this program agree to follow certain standards for manufacturing and testing. A list of qualified vendors is available on the AKA’s website.
Demand Third-Party Lab Results: Reputable vendors will make third-party lab test results, often called Certificates of Analysis (COA), available to their customers. These documents show that the product has been tested for contaminants and alkaloid content. If a vendor is unwilling to provide a COA, it is a major red flag.
Avoid Gas Station and Head Shop Products: While not always the case, kratom products sold at gas stations and non-specialty stores are often of lower quality and are less likely to come with transparent testing information.

Traveling With Kratom

Traveling with kratom requires careful planning. It is legal to fly into and out of California airports like LAX or SFO with kratom, as long as your final destination is a place where it is also legal. However, you cannot fly into San Diego International Airport with kratom, as the airport is within the city limits where it is banned. Always check the laws at your departure point, any layover cities, and your final destination before flying with kratom.

Conclusion

The future of the California kratom law in 2026 remains a developing story. The state currently occupies a middle ground, with general legality at the state level undermined by a lack of regulation and a few significant local bans. This creates a confusing and potentially unsafe environment for the millions of Californians who use kratom or are considering it. The path forward will be determined by the legislative battles to come, pitting the push for a regulated, transparent market against the persistent calls for a complete prohibition.

To stay safe and compliant, it is essential to remain informed. The legal status of kratom can change, and new local ordinances or a statewide law could be enacted in the coming years. Pay attention to legislative news, follow the work of advocacy organizations, and always verify the specific laws in your city or any city you plan to visit. By taking these steps, you can make responsible choices in a complex and evolving legal landscape.

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