California Intensifies Kratom Crackdown: Merchants Face Immediate Enforcement and Significant Risks

California Intensifies Kratom Crackdown: Merchants Face Immediate Enforcement and Significant Risks

Sacramento, CA – January 19, 2026 – California health officials have launched an aggressive compliance and enforcement campaign targeting the sale of kratom and 7-hydroxymitragynine (7-OH) products, asserting that these items are already unlawful to sell or manufacture for consumption in the state. This move, spearheaded by the California Department of Public Health (CDPH) in conjunction with the California Department of Alcoholic Beverage Control (ABC) and the California Department of Tax and Fee Administration, signals a critical escalation for the kratom industry.

What Happened: The California Department of Public Health (CDPH) is actively removing products containing kratom and 7-OH from retail shelves across the state. The department's stance is that under the existing Sherman Food, Drug and Cosmetic Act, these products are considered "adulterated" food or dietary supplements and are therefore illegal to sell for consumption. This is not a push for new legislative bans, but rather a robust enforcement of current law as interpreted by state health officials. The ABC has explicitly warned its licensees, including liquor stores, smoke shops, and gas stations, that selling these products will result in "strong enforcement action," including potential criminal and administrative penalties. CDPH has already seized over $5 million worth of kratom and 7-OH products, demonstrating the severity of their campaign. This statewide effort follows numerous local bans already enacted in cities and counties such as San Diego, Oceanside, Newport Beach, Sacramento, and Los Angeles County.

Why It Matters to Kratom Merchants and Consumers: For California kratom merchants, the implications are immediate and severe. Businesses continuing to sell kratom or 7-OH products for consumption face significant legal and financial risks, including product seizures, fines, and the potential loss of business licenses. The aggressive stance by state agencies means that the window for operating without direct intervention has closed.

Consumers in California will experience a drastic reduction in access to kratom products. While health officials cite concerns about addiction, serious harm, overdose, and death associated with kratom and 7-OH, advocates argue that these enforcement actions are based on insufficient evidence and deny access to a natural alternative for many. The distinction between natural kratom and concentrated 7-OH is often blurred in official communications, though the FDA previously noted its recommendation to classify 7-OH as a controlled substance was "not focused on natural kratom leaf products." California's enforcement, however, targets both.

Compliance Implications: The primary compliance implication is clear: CDPH views the sale of kratom and 7-OH products for consumption as unlawful in California. Therefore, the immediate compliance requirement is to cease such sales within the state. While legislative efforts like AB1088 have previously aimed to establish a regulated market with age restrictions, labeling requirements, and alkaloid limits, these bills have not yet become law. Until such a regulatory framework is established and permits sales, the current enforcement environment treats these products as illegal for consumption.

What High-Risk Merchants Need to Know about COAs, Lab Testing, and Regulatory Compliance: For high-risk merchants, particularly those operating in jurisdictions with active enforcement, the landscape demands heightened vigilance:

• Certificates of Analysis (COAs) and Lab Testing: While essential for product quality and safety in a regulated market, a COA alone will not exempt a merchant from California's current enforcement actions if the state deems the product itself illegal for sale. However, for any future regulated markets or in states where kratom is legally sold, comprehensive lab testing remains paramount. COAs should verify:
  • Alkaloid Content: Specifically quantifying mitragynine and 7-hydroxymitragynine (7-OH) levels. High concentrations of 7-OH are a particular concern for regulators.
  • Purity and Contaminants: Rigorous testing for heavy metals, pesticides, microbial contaminants (e.g., Salmonella, E. coli), and residual solvents.
  • Adulteration: Ensuring no synthetic additives or undeclared substances are present.
• Regulatory Compliance:
  • Local and State Laws: Merchants must stay informed about both state-level interpretations and any existing or emerging local ordinances. California's actions underscore the critical need for hyper-local compliance awareness.
  • Marketing Claims: Avoid making any unsubstantiated health claims. Regulators, including the ABC, explicitly state that claims of kratom treating pain, anxiety, or opioid withdrawal are unproven and contribute to their concerns.
  • Age Restrictions and Packaging: Even in the absence of a statewide regulatory bill, proposed legislation consistently includes age limits (e.g., 21) and requirements for child-resistant packaging. Implementing such practices demonstrates a commitment to responsible sales, should a regulated market emerge.
  • Legal Counsel: Given the aggressive enforcement and the nuanced legal interpretations, high-risk merchants in California should immediately seek legal counsel specializing in dietary supplements and controlled substances to navigate this challenging regulatory environment.

The current actions by California health officials represent a significant shift, moving from a legislative debate to active enforcement. Kratom merchants must adapt quickly to mitigate risks and understand the profound implications for their operations in the Golden State.