Kratom, derived from the leaves of the Mitragyna speciosa tree native to Southeast Asia, has gained popularity in the United States for its stimulant and opioid-like effects, sparking debates about its safety and legality. As of June 2025, kratom remains legal at the state level in California, though its legal status is nuanced due to local ordinances and ongoing legislative efforts. While the state does not classify kratom as a controlled substance, some municipalities, such as San Diego, Oceanside, and Newport Beach, have enacted local bans on its sale and distribution. These local regulations reflect growing concerns about kratom’s safety, particularly regarding its unregulated sale and potential appeal to minors.
In response to these concerns, California lawmakers have introduced legislation aimed at regulating kratom. Assembly Bill 1088, introduced in 2025, proposes prohibiting the sale of kratom products to individuals under 21 and mandates child-resistant packaging to prevent accidental ingestion by children. Despite these efforts, previous bills like AB 2365 have stalled in the legislative process, leaving a patchwork of local regulations in place. As the debate continues, consumers and vendors should stay informed about both state and local laws to ensure compliance.
What is Kratom?
Kratom (Mitragyna speciosa) is a tropical evergreen tree grown in countries like Indonesia, Malaysia, Thailand, and Papua New Guinea. Its leaves contain over 40 alkaloids, primarily mitragynine and 7-hydroxymitragynine (7-OH-MG), which produce dose-dependent effects: low doses (1–5 grams) act as a stimulant, boosting energy and focus, while higher doses (>5 grams) can induce sedation, euphoria, and pain relief, resembling opioids. Traditionally used in Southeast Asia for pain management, fatigue reduction, and opioid withdrawal support, kratom is sold in the U.S. as powders, capsules, extracts, or beverages, available in vape shops, smoke shops, kava bars, and online.
Despite its reported benefits, kratom is controversial due to its potential for addiction, overdose, and adverse effects, particularly when adulterated with synthetic alkaloids or contaminants like fentanyl. The U.S. Food and Drug Administration (FDA) has not approved kratom for any medical use, classifying it as an unapproved drug and warning against its consumption due to risks like liver toxicity, seizures, and substance use disorder. The Drug Enforcement Administration (DEA) lists kratom as a “Drug of Concern” but has not scheduled it as a controlled substance, leaving regulation to states and localities.
Is Kratom Legal in California?
As of June 2025, kratom is legal to purchase, possess, use, and sell in California at the state level, with no specific legislation banning or restricting it. Unlike controlled substances like opioids, kratom is not classified under California’s Controlled Substances Act, allowing its widespread availability in most parts of the state.
However, the state has not adopted the Kratom Consumer Protection Act (KCPA), a model regulation implemented in states like Arizona and Nevada, which sets standards for age restrictions, labeling, and product purity. This lack of regulation means kratom products in California are not subject to mandatory testing or quality controls, raising concerns about safety and consistency.
Local Bans on Kratom in California in 2025
While kratom is legal statewide, local ordinances in certain cities and counties impose restrictions:
- San Diego: In 2016, the San Diego City Council banned the manufacturing, sale, distribution, and possession of kratom, classifying it among “synthetic and psychoactive drugs” due to public health concerns. A 2019 study by the University of California, San Diego, found 46.2% of vape shops in San Diego sold kratom despite the ban, indicating lax enforcement.
- Oceanside: This city, also in San Diego County, prohibits kratom sales and possession under a similar ordinance.
- Newport Beach: In May 2024, Newport Beach enacted a ban on kratom sales, citing health risks and the need to protect consumers.
These bans affect over 1.5 million residents in San Diego County, though neighboring cities like Chula Vista and counties like Orange, Riverside, and Imperial allow kratom use. Residents in banned areas may face penalties, such as fines or jail time, for possessing or selling kratom, though enforcement varies.
2025 California Recent Legislative Developments on Kratom
California’s approach to kratom reflects a tension between maintaining access and addressing safety concerns. Key legislative efforts include:
- 2016 DEA Proposal: The DEA’s attempt to classify kratom as a Schedule I substance was withdrawn after public backlash, leaving regulation to states. This set the stage for California’s permissive stance.
- 2016 San Diego Ban: The city’s ordinance grouped kratom with synthetic drugs, ignoring its natural origin, and became effective immediately, citing public health threats.
- 2024 Assembly Bill 2365 (AB 2365): Introduced by Assemblymember Matt Haney (D-San Francisco) on February 12, 2024, the Kratom Safety Act aimed to regulate kratom by requiring registration with the California Department of Public Health, mandatory labeling, safe ingredient standards, and a minimum purchase age of 21. Supported by the Global Kratom Coalition and law enforcement, the bill faced opposition from the American Kratom Association (AKA), which argued it imposed costly enforcement structures ($4 million annually) and favored large manufacturers like Botanic Tonics. The bill was shelved in August 2024 due to these concerns but highlighted the push for regulation.
- 2025 Assembly Bill 1088 (AB 1088): Introduced on February 19, 2025, this bill proposes prohibiting kratom sales to individuals under 21, focusing on age restrictions without the broader regulatory framework of AB 2365. It is currently under review by the Assembly Committee on Health, signaling ongoing efforts to balance access and safety.
These developments suggest California may adopt KCPA-like regulations in the future, especially as advocacy groups like the AKA and Global Kratom Coalition push for consumer protections without outright bans.
Federal Context and Kratom’s Legal Landscape
At the federal level, kratom remains unregulated, listed as a “Drug of Concern” by the DEA since 2020. The FDA has warned against its use, citing risks of addiction, liver damage, and rare overdose deaths (e.g., 91 deaths from 2016–2017, per the CDC, often involving other substances). The FDA has seized kratom products for misbranding, as in a 2016 Grover Beach case where products were marketed with unapproved medical claims.
State laws vary widely:
- Banned States: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin prohibit kratom entirely.
- KCPA States: Arizona, Georgia, Nevada, and others have passed KCPA laws, setting age limits (typically 21), labeling requirements, and bans on adulterated products.
- Age-Restricted States: Tennessee and Oregon restrict sales to those 21 and older, while Pennsylvania sets the limit at 18.
California’s permissive stance aligns with states like New York and Illinois (outside Jerseyville), but its local bans and lack of KCPA adoption make it less regulated than Arizona or Nevada.
Health and Safety Considerations
Kratom’s legal status in California is tied to debates about its safety and efficacy. Below are key health considerations:
Reported Benefits
Advocates, including the AKA, highlight kratom’s potential:
- Pain Relief: Alkaloids like mitragynine may alleviate chronic pain, offering an alternative to opioids.
- Opioid Withdrawal Support: Some users report kratom helps manage withdrawal symptoms, though not FDA-approved.
- Energy and Mood Enhancement: Low doses may boost energy and focus, similar to caffeine.
Risks and Side Effects of Kratom
Health authorities, including the FDA and National Institute on Drug Abuse, emphasize risks:
- Addiction and Dependence: Regular use, especially at high doses, can lead to physical dependence and withdrawal symptoms like irritability, nausea, and cravings. A 2024 Los Angeles Times article described a North Hollywood resident’s struggle with kratom addiction, costing $750–$900 monthly.
- Overdose Risk: The CDC reported 91 kratom-related overdose deaths nationwide from 2016–2017, often involving other substances. In California, 87 “kratom-involved” deaths were noted in 2022, though most involved polydrug use. A California kratom wrongful death lawyer can help families seek justice and compensation.
- Adulteration: Unregulated products may contain synthetic 7-OH-MG, fentanyl, or contaminants like salmonella or heavy metals, increasing risks. A 2023 Congressional Research Service report noted contaminated kratom products in the U.S.
- Side Effects: Common issues include nausea, constipation, seizures, liver problems, and heart issues. A 2023 review cited risks of withdrawal and diuresis.
Addiction Treatment in California
For those facing kratom dependence, California offers robust treatment options. Facilities like Sprout Health Group (855-430-9426) provide medical detox, inpatient, and outpatient programs tailored to substance use disorders, including kratom addiction. Early intervention is critical.
Practical Guidance for Kratom Users in California
For individuals considering kratom use in California, follow these guidelines to ensure compliance and safety:
- Check Local Laws: Kratom is illegal in San Diego and Oceanside. Avoid purchasing or possessing kratom in these areas to prevent fines or jail time. Nearby Chula Vista or National City allows legal use.
- Purchase from Reputable Vendors: Choose vendors adhering to the AKA’s Good Manufacturing Practices (GMP), offering third-party lab testing for purity. Online retailers like Kats Botanicals, Kratora, or MIT45 emphasize quality and transparency. Avoid gas station or smoke shop products, which may be adulterated.
- Start Low, Go Slow: Begin with low doses (1–2 grams) to assess effects and avoid adverse reactions. Document strains, dosages, and effects for safety.
- Consult Healthcare Professionals: Speak with a doctor before using kratom, especially if you have medical conditions or take medications, as interactions are possible.
- Stay Informed: Monitor bills like AB 1088 for potential age restrictions or regulations. Check the California Legislative Information website (www.leginfo.ca.gov) or AKA (www.americankratom.org) for updates.
- Advocate Responsibly: Support organizations like the AKA to promote KCPA adoption, ensuring safe access without excessive restrictions.
The Future of Kratom Laws in California
California’s kratom laws are evolving. The shelving of AB 2365 in 2024 reflects challenges in balancing regulation with access, but AB 1088’s focus on age restrictions suggests continued legislative interest. Advocacy groups like the AKA and Global Kratom Coalition are pushing for KCPA adoption to standardize labeling and ban synthetic alkaloids, while critics, including some lawmakers and health officials, advocate for stricter controls or bans due to kratom’s risks.
A 2024 Sacramento Bee opinion piece called for classifying kratom as a Schedule I substance, citing 587 kratom-related deaths in Florida from 2010–2022.
Governor Gavin Newsom’s 2024 executive order banning intoxicating hemp products, like those with THC, may set a precedent for kratom regulation, particularly targeting synthetic 7-OH-MG products. Federal actions, such as potential DEA scheduling or FDA enforcement, could also override California’s laws. Public sentiment on X is mixed, with some users noting lax enforcement of local bans, though these posts are inconclusive.
Conclusion
Kratom is legal in California at the state level, allowing most of its 40 million residents to buy, possess, and use it freely, except in San Diego, Oceanside, and Newport Beach, where local bans apply. The state’s lack of KCPA adoption leaves kratom largely unregulated, raising concerns about product safety and quality. Legislative efforts like AB 2365 and AB 1088 indicate a push toward age restrictions and consumer protections, but no comprehensive regulations exist as of June 2025.
For those harmed by kratom, legal recourse is available under Georgia’s product liability and wrongful death laws. Our California Kratom Attorneys can guide related claims, though consulting a Georgia kratom attorney is advised. Fill out our secure contact form today to explore your legal options and navigate Georgia’s evolving kratom landscape.