Kratom (Mitragyna speciosa), a plant native to Southeast Asia, continues to be one of the most debated herbal substances in the United States. Known for its stimulant and opioid-like effects, kratom is used by many for pain relief, mood enhancement, or opioid withdrawal management. Yet, it remains unapproved by the Food and Drug Administration (FDA) and unregulated at the federal level, leaving individual states to determine its legality.
In California, a state often at the forefront of health and wellness trends, kratom occupies a legally gray area. It is legal statewide, but several cities and counties have imposed their own local bans or restrictions. As of October 2025, California has no statewide regulations governing kratom sales, labeling, or potency, creating a complex environment for consumers and retailers alike.
This article provides a comprehensive breakdown of California’s kratom laws in 2025, including state-level legality, local ordinances, ongoing legislative efforts, public health data, and future prospects for regulation.
Is Kratom Legal in California (2025)?
As of October 2025, kratom remains legal at the state level in California for purchase, possession, and use by adults. The state has not classified it as a controlled substance, nor does it impose age restrictions, labeling rules, or potency limits.
This approach reflects California’s broader philosophy of consumer choice in herbal supplements, similar to its early approach to CBD and cannabis before comprehensive regulation. However, kratom’s legality stops short of being universal across the state.
Local Exceptions
Several municipalities have chosen to ban or restrict kratom sales entirely due to safety concerns or pressure from local health departments:
- San Diego (since 2016): Kratom is banned under the city’s synthetic drug ordinance, which lumps it together with synthetic cannabinoids and bath salts.
- Oceanside and Newport Beach (since 2024): Both enacted ordinances prohibiting sale and possession, citing reports of misuse and addiction.
- San Diego County (2020): Declared kratom a “public nuisance,” though the ban does not extend to incorporated cities such as Chula Vista or Escondido.
These local prohibitions create a patchwork of enforcement, where kratom is legal in one city and illegal in another, confusing both consumers and business owners.
Why Kratom’s Legal Status Is Complicated
California’s fragmented approach stems largely from the absence of federal regulation. The FDA has not approved kratom for any medical use and warns that it poses risks of liver damage, seizures, and addiction. The DEA, meanwhile, lists kratom as a “drug of concern” but has not classified it under the Controlled Substances Act.
This lack of federal clarity leaves states and even counties to determine kratom policy independently. California, with its strong wellness and herbal supplement market, has hesitated to impose an outright ban. Instead, lawmakers have attempted to regulate kratom through consumer protection bills, none of which have yet succeeded.
California Kratom Laws: A Step Toward Regulation
California Assembly Bill 1088 (AB 1088)
In 2025, California took its most serious step toward regulating kratom through Assembly Bill 1088 (AB 1088), introduced by Assemblymember Jasmeet Bains. The bill proposes to regulate kratom and its psychoactive derivative, 7-hydroxymitragynine (7-OH), under the Sherman Food, Drug, and Cosmetic Law, the state’s primary public health framework for supplements and consumables.
Key Objectives of AB 1088
The bill seeks to establish comprehensive statewide standards for kratom products, emphasizing safety and youth protection over prohibition.
a. Product Definitions
To eliminate ambiguity, the bill defines:
- Kratom product: Any form of kratom leaf, extract, or blend.
- 7-OH product: Any item containing 7-hydroxymitragynine.
- Total kratom alkaloids: The combined concentration of key alkaloids, mitragynine, speciogynine, paynantheine, and others.
b. Packaging and Labeling Standards
- Child-resistant or tamper-proof packaging required.
- No candy-like branding or marketing toward minors.
- Products must disclose total alkaloid content.
c. Sales Restrictions
- Sales prohibited to anyone under 21 years old.
- Online retailers must use age-verification systems.
d. Potency Limits
- Caps 7-hydroxymitragynine content at 2% of total alkaloids, mirroring standards in regulated states like Utah and Georgia.
As of October 2025, AB 1088 remains in legislative review, with committee hearings ongoing. If passed, it would mark California’s first unified framework for kratom sales and production, prioritizing regulation over prohibition.
Previous Efforts: The Failed 2024 Kratom Safety Act (AB 2365)
Before AB 1088, Assembly Bill 2365 (The Kratom Safety Act), introduced in 2024 by Assemblymember Matt Haney (D-San Francisco), aimed to regulate the state’s unmonitored kratom market. It proposed:
- Requiring processors to register with the California Department of Public Health.
- Mandating product labeling of alkaloid content and FDA disclaimers.
- Prohibiting sales to anyone under 21.
- Banning synthetic alkaloids and adulterated kratom.
Despite broad bipartisan support, the bill was shelved in the Senate Appropriations Committee due to cost concerns. Supporters, including law enforcement and consumer groups, viewed it as necessary for public safety, while opponents such as the American Kratom Association (AKA) argued that compliance costs would harm small vendors.
The failure of AB 2365 left California’s kratom industry in a regulatory vacuum, prompting renewed efforts under AB 1088 the following year.
Local Bans of Kratom in California and their Consequences
Local bans in California highlight how municipal governments have filled the regulatory void.
While city councils cite public safety as the motive, critics say these bans rely on outdated or incomplete data. For example:
- San Diego’s ban (2016) equates kratom with synthetic drugs, an inaccurate classification since kratom is plant-derived.
- Newport Beach (2024) cited FDA warnings and anecdotal overdose reports but offered no state-level toxicology data.
These bans often push kratom consumers to nearby jurisdictions or online sources, where oversight is minimal. Without standardized product testing, the risk of contamination and inconsistent potency rises sharply.
A 2023 Tampa Bay Times investigation, though focused on Florida, found that adulterated kratom products contributed to hundreds of deaths nationwide, underscoring the need for regulated, not prohibited, markets.
Public Health and Safety Concerns
The public health debate around kratom mirrors that of cannabis and vaping in earlier years: advocates tout benefits, while regulators cite rising misuse.
Reported Health Risks
- FDA warnings highlight potential for addiction, liver toxicity, and seizures.
- CDC data (2016–2017) linked kratom to 91 overdose deaths, though nearly all involved other substances.
- California Poison Control reported 1,278 kratom-related calls in 2022, up from 372 in 2017, suggesting increased use and potential misuse.
Contamination and Product Safety
Since kratom products are imported, lack of oversight has led to contamination issues:
- Salmonella outbreaks linked to untested kratom batches (2018–2022).
- Heavy metal contamination (lead, nickel) found in several online brands tested by the FDA.
Experts emphasize that these risks stem primarily from unregulated products, not kratom’s natural composition, reinforcing the argument for standardized safety rules.
Advocacy and the Push for Kratom Regulation in California
Advocates like the American Kratom Association (AKA) and the Global Kratom Coalition argue that California should follow states such as Georgia, Utah, and Arizona, which have passed Kratom Consumer Protection Acts (KCPA).
Core Principles of KCPA-Style Regulation
- Mandatory lab testing and truthful labeling.
- Minimum age requirements (18 or 21).
- Clear bans on adulterated or synthetic kratom.
These frameworks aim to balance consumer freedom with safety, ensuring adults can access kratom responsibly.
Opponents, including some public health officials and addiction specialists, argue for tighter control or even prohibition, citing cases of dependency and fatal overdoses when mixed with opioids. This tension continues to define California’s legislative debate.
Future Outlook for Kratom in California
Given ongoing public pressure and legislative attention, California’s kratom policy is expected to shift from permissive to regulated within the next few years. Lawmakers are likely to revisit:
- Statewide labeling and potency rules,
- Retail licensing requirements, and
- Age restrictions similar to tobacco and alcohol.
Governor Gavin Newsom’s 2024 order banning intoxicating hemp products may influence kratom’s trajectory, favoring regulation rather than prohibition.
If AB 1088 or a similar bill passes in 2026, California could become a model for regulated access, aligning with states that balance consumer freedom with public safety.
What Consumers and Retailers Should Know About Kratom Laws in California
Until statewide regulation is enacted, both consumers and vendors should proceed cautiously:
For Consumers
- Check local laws before purchasing or carrying kratom (banned in San Diego, Oceanside, and Newport Beach).
- Buy only from reputable vendors that provide third-party lab results and transparent labeling.
- Avoid high-potency extracts or unbranded products, which are most often linked to adverse effects.
For Retailers
- Comply with local ordinances; selling in banned cities can result in fines or product seizures.
- Prepare for new regulations; adopting child-resistant packaging and truthful labeling now can reduce future compliance burdens.
- Monitor AB 1088’s progress to anticipate statewide changes in 2026.
Conclusion
As of 2025, kratom is legal in California but banned in select cities, with no unified statewide regulation. The state’s two major legislative attempts, AB 2365 (2024) and AB 1088 (2025), reflect California’s evolving struggle to balance consumer access with public health protection.
The coming years are likely to bring statewide regulation rather than prohibition, following models established in other states under the Kratom Consumer Protection Act. For now, consumers must remain vigilant, ensuring safe sourcing and awareness of local laws while legislators work to define kratom’s future in the Golden State.
If you have been harmed by kratom in California, contact our kratom lawyer for free case evaluation. Fill out the form below to reach out to an attorney.