Kratom is legal at the state level in California for adults aged 21 years and above, but several cities and counties have imposed their own bans or removal orders, so whether you can legally buy or possess it depends on your specific location. Adults can typically use kratom in much of the state, yet in certain local jurisdictions, it is treated as illegal or heavily restricted.
Statewide Legal Status of Kratom in California
California does not list kratom (Mitragyna speciosa) as a controlled substance, and there is no statewide statute that prohibits adults from buying, possessing, or using kratom. Natural kratom products like powders, capsules, and crushed leaf can be sold in most of the state, subject to general consumer‑product and supplement rules rather than a kratom‑specific ban.
The state also has not yet enacted a comprehensive kratom law comparable to a Kratom Consumer Protection Act, so there is no uniform statewide framework for age limits, mandatory lab testing, or standardized labeling written specifically for kratom. This leaves much of the detailed regulation either to general health and safety statutes or to local governments and health departments that choose to act.
Local Bans and Removal Orders of Kratom in California
Several municipalities have adopted complete bans on kratom. San Diego prohibits the sale and possession of kratom under a 2016 ordinance that grouped it with “novel psychoactive substances,” making kratom illegal within city limits even though it remains legal under state law. Oceanside and Newport Beach have passed similar local rules, so kratom that is legal in adjacent areas becomes illegal if carried into those cities.
Los Angeles County has taken a strong public‑health approach rather than a traditional criminal ban. In November 2025, the Los Angeles County Department of Public Health issued a public notice ordering retailers in unincorporated areas of the county to immediately remove kratom and 7‑hydroxymitragynine (7‑OH) products from their shelves. The department described these products as illegal and unsafe and warned that businesses that refused to comply could face enforcement, creating a practical retail ban in those areas despite the absence of a statewide prohibition.
Regulatory and Public Health Position
At the state level, public‑health authorities have signaled concern about kratom‑containing products, especially when sold as foods, dietary supplements, or medical drugs with unapproved health claims. State health guidance indicates that products containing kratom can be considered adulterated or misbranded if they are contaminated, combined with risky additives, or marketed as treatments for medical conditions without the required approvals.
Media and public‑health reports in 2025 have also highlighted enforcement activity against synthetic or highly concentrated kratom‑style products in Southern California. These efforts often focus on gas stations, smoke shops, and similar outlets where kratom is sold alongside other unregulated or semi‑regulated products, reflecting broader worries about consumer safety and overdose risks.
Legislative Efforts Toward Statewide Regulation of Kratom in California
California lawmakers have tried to move toward a more consistent statewide framework. Earlier proposals, such as a 2024 bill frequently referenced in legal overviews, aimed to establish registration requirements, product standards, and a minimum age of 21 for kratom sales, but that bill stalled and never became law. The goal of these efforts has been to keep kratom legal while making its sale safer and more controlled.
In 2025, Assembly Bill 1088 was introduced to address kratom specifically. Analyses of AB 1088 describe it as a public‑health bill that would prohibit sales to individuals under 21 and begin to structure kratom regulation at the state level. As of 2025, AB 1088 remained in the legislative process and had not yet been enacted, so California still lacked a comprehensive, statewide kratom statute, leaving the current patchwork of state permissiveness and local restrictions in place.
Is there a statewide age limit for kratom in California?
California currently has no explicit statewide age restriction written into statute for buying or possessing kratom. In practice, many retailers voluntarily apply an 18+ or 21+ policy, and some local governments (for example, parts of Southern California) have considered or adopted their own age rules.
Are there possession limits for kratom in California?
There are no statewide possession limits for natural kratom under California law as of 2025. That said, in cities or counties where kratom is banned (such as San Diego, Oceanside, Newport Beach, and unincorporated Los Angeles County), any amount can be treated as illegal because local rules prohibit possession altogether.
Can you use kratom in public in California?
There is no statewide ban on public consumption of kratom, unlike the specific rules that exist for alcohol and cannabis. However, private businesses and employers can restrict kratom use on their premises or during work hours, and local ordinances could limit use in certain public spaces.
How does federal law affect kratom in California?
Federal law does not currently classify kratom as a controlled substance, so simple possession is not a federal crime. However, the FDA considers kratom and 7‑OH unlawful as ingredients in dietary supplements, foods, or drug products and has seized shipments and warned companies making medical claims, which affects how products can be marketed and imported into California.
What is happening with California’s statewide kratom bill (AB 1088)?
AB 1088 is a pending bill that would prohibit selling or providing kratom or products containing 7‑hydroxymitragynine to people under 21 and would formally regulate kratom at the state level. As drafted, it would not legalize synthetic 7‑OH products; instead, it aims to restrict them while setting a clear minimum age and framework for natural kratom if it passes.
How aggressive is enforcement in Los Angeles County?
Los Angeles County has moved beyond simple guidance and is actively enforcing a removal order for kratom and 7‑OH in unincorporated areas. Retailers who ignore the order face product seizures, possible fines, and other penalties as inspectors treat kratom and 7‑OH as illegal, high‑risk products in response to recent overdose reports.
Practical Takeaways for Consumers and Vendors
For most of California, an adult can legally possess and use kratom, and many shops and online vendors continue to sell it where no local bans apply. However, anyone living in or traveling through San Diego, Oceanside, Newport Beach, or unincorporated areas of Los Angeles County should treat kratom as prohibited locally, since city ordinances and county public‑health orders either fully ban it or require its removal from retail shelves.
Vendors need to monitor both local and state developments. In jurisdictions with bans or removal orders, selling kratom can lead to inspections, product seizures, and other enforcement actions. Even in areas where kratom remains legal, businesses reduce risk by avoiding unsubstantiated medical claims, steering clear of synthetic or highly concentrated derivatives, and following general labeling and safety best practices while the state continues to debate more formal kratom legislation.
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