Fresno Cracks Down on Kratom: A Bellwether for Nationwide Compliance

Fresno Cracks Down on Kratom: A Bellwether for Nationwide Compliance

Fresno, CA – The landscape for kratom merchants and consumers in California is undergoing significant shifts following recent actions by the Fresno Health Department and local governing bodies. In a move that signals increasing scrutiny on the supplement industry, the Fresno County Board of Supervisors voted on November 18, 2025, to restrict the sale of certain kratom products, closely followed by similar ordinances from the Fresno City Council. These developments underscore a growing regulatory trend that high-risk kratom merchants must heed.

What Happened

The Fresno County Board of Supervisors implemented an ordinance banning the sale of 7-hydroxymitragynine (7-OH) products with concentrations exceeding 2% of total kratom alkaloids. Natural kratom leaf products, while not entirely banned, are now restricted to purchasers aged 21 and older and must be stored behind the counter, akin to tobacco products. The Fresno City Council followed suit with its own ordinance, setting a stricter 7-OH concentration limit of 1%. These local actions come on the heels of an October 2025 declaration by the California Department of Public Health, which stated that "foods and other products containing kratom and 7-OH are illegal to sell or manufacture" due to concerns over addiction, serious harm, overdose, and death.

Dr. Rais Vohra, interim public health officer for Fresno County, has been vocal about the health department's stance, describing kratom and particularly its concentrated derivative, 7-OH, as "unregulated, unpredictable and underappreciated as a true cause of harm." He cited potential risks including seizure disorders, liver failure, addiction, and overdose.

Why It Matters to Kratom Merchants and Consumers

For kratom merchants, these new regulations in Fresno represent a critical precedent. They highlight a clear legislative trend towards tighter controls, particularly concerning concentrated alkaloid products. Merchants operating in Fresno County and City must immediately adjust their inventory and sales practices to avoid substantial fines—up to $3,000 for repeat county violations and potential jail time for city infractions. Beyond Fresno, these local actions could inspire similar ordinances in other California municipalities and potentially across the nation, creating a patchwork of regulations that demand constant vigilance.

Consumers in Fresno will experience immediate changes in product availability, especially regarding highly concentrated 7-OH products. Access to natural leaf kratom will also be restricted by age and point of sale. This increased public health messaging, while often alarmist, undeniably shapes public perception and may impact consumer confidence nationwide.

Compliance Implications

The Fresno ordinances carry significant compliance implications. The focus on specific alkaloid concentrations, particularly 7-OH, indicates a shift in regulatory strategy from outright bans to targeted restrictions based on chemical composition. This means that merely selling "kratom" is no longer sufficient; the type and potency of kratom products are now under scrutiny. The age restrictions and behind-the-counter requirements mirror existing regulations for age-restricted products, setting a new standard for responsible sales. The conflicting guidance from state and local authorities also creates a challenging environment, where merchants must navigate both broad state-level declarations and specific local ordinances.

What High-Risk Merchants Need to Know

For high-risk kratom merchants, proactive and stringent compliance is paramount:

1. Certificates of Analysis (COAs) are Non-Negotiable: Comprehensive, third-party lab testing and readily available COAs are no longer optional. They are essential for verifying alkaloid content, especially 7-OH, and demonstrating compliance with local concentration limits. These documents also provide crucial evidence of product safety, testing for contaminants like heavy metals, pesticides, and microbial impurities.
2. Robust Lab Testing Protocols: Implement rigorous lab testing for every batch of product. This includes quantitative analysis of mitragynine and 7-OH to ensure products fall within permissible limits where regulations exist.
3. Transparency and Labeling: Clear, accurate, and transparent labeling is vital. Products should precisely state alkaloid concentrations, ingredients, and any warnings. Misleading labeling, particularly regarding "natural" versus "synthetic" products, will draw regulatory ire.
4. Age Verification: Implement robust age verification systems for all sales channels, both online and brick-and-mortar, to ensure compliance with age restrictions.
5. Stay Informed and Adapt: The regulatory landscape for kratom is dynamic and evolving. Merchants must actively monitor legislative developments at local, state, and federal levels. Engaging with industry associations like the American Kratom Association (AKA) can provide valuable insights and best practices, such as adherence to the Kratom Consumer Protection Act (KCPA) guidelines, even in unregulated areas.
6. Legal Counsel: Consult with legal professionals specializing in dietary supplements and kratom law to ensure all business practices align with current and anticipated regulations.

The actions in Fresno serve as a potent reminder that the kratom industry must prioritize product safety, transparency, and strict adherence to evolving compliance standards to ensure its long-term viability.