California Kratom Legal Status Update

The California Department of Public Health (CDPH) issued a statewide consumer warning on October 24, 2025, explicitly stating that 'foods, dietary supplements and medical drugs containing kratom and 7-OH are Dangerous and Illegal to Sell or Manufacture for Consumption' in the state. This stance was reinforced by the California Department of Alcoholic Beverage Control (ABC) through advisories on January 15 and 16, 2026, instructing licensees to remove these products from shelves, citing the CDPH guidance and the determination that such products are adulterated under federal and state law (Sherman Food, Drug, and Cosmetic Law). The ABC warned of administrative disciplinary action, including license suspension or revocation, for non-compliance. While previous legislative efforts like AB 2365 (2023-2024 session) to regulate kratom failed, and AB 1088 (2025-2026 session) is still in progress to establish new regulations, the current actions by CDPH and ABC represent an active enforcement based on existing food and drug laws, effectively banning the sale of kratom for human consumption in these categories. Local bans also exist in cities such as San Diego, Oceanside, and Newport Beach.