Is Kratom Legal in California? (2026 Law)

California does not list kratom as a controlled substance: Schedule I in Health and Safety Code section 11054 names neither mitragynine nor 7-hydroxymitragynine (7-OH), and no California statute sets a kratom age limit. Instead, the California Department of Public Health (CDPH) takes the position that selling, marketing or manufacturing kratom and 7-OH products for consumption is unlawful under the Sherman Food, Drug, and Cosmetic Law, citing Health and Safety Code section 110555, and state agencies are enforcing that position against sellers.

Information last verified on October 11, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California state law on kratom and 7-OH: the Schedule I list in Health and Safety Code section 11054 and the analog statute in section 11401, the Sherman Law provisions CDPH relies on (sections 110555 and 111825), the CDPH, ABC and Governor's office enforcement statements of 2025 and 2026, and the 2025-26 bills AB 1088 and SB 758. It does not cover city or county ordinances, which can add their own rules, or the law of other states. For every state, see our guide to kratom laws by state.

Is kratom legal in California?

The short answer has two parts. Kratom is not a scheduled drug in California, and California has no statute that names kratom at all. But the state's public health department treats kratom and 7-OH products sold for consumption as adulterated, which it says makes their sale unlawful.

On the drug-schedule side, Health and Safety Code section 11054 is California's Schedule I. Its hallucinogen subdivision lists substances such as psilocybin and psilocyn by name, but it contains no entry for kratom, mitragynine or 7-hydroxymitragynine. The section was last amended in 2017 (Stats. 2017, ch. 27, sec. 120).

On the food-and-drug side, CDPH wrote to processed food registrants and licensees on January 9, 2026. Its letter states:

"the sale and marketing of kratom and 7-hydroxymitragynine (aka 7-OH) products in any form for consumption is not permitted and unlawful per California Health and Safety Code (HSC) 110555."

The same letter adds that "Any product that is sold or marketed containing kratom or 7-OH is considered adulterated and illegal to sell to individuals of any age for consumption."

Where the restriction comes from: statute, agency position or bill

Kratom rules in California come from several different kinds of legal source, and they carry different weight. This table separates them.

The statute CDPH relies on

Section 110555 is a general adulteration rule. It reads: "Any food is adulterated if it is, bears, or contains any food additive that is unsafe within the meaning of Section 110445." It does not mention kratom or 7-OH. A separate Sherman Law section, 110620, makes it unlawful "to manufacture, sell, deliver, hold, or offer for sale any food that is adulterated." Applying it to kratom is CDPH's reading of the statute: the CDPH letter states that "Kratom and 7-OH products are not approved food additives." The rule readers face in California is therefore an agency's application of a general food-safety statute, not a statute written about kratom.

Which products CDPH covers: kratom and 7-OH

CDPH first announced this position in an October 24, 2025 news release, revised on January 7, 2026 to add the words "for consumption"; it now says the products are illegal to sell for consumption and "cannot be sold online or in stores." CDPH's position is not limited to concentrated 7-OH products. Both the January 9 letter and the January 16 news release name kratom and 7-OH together. The letter refers to "kratom and 7-hydroxymitragynine (aka 7-OH) products in any form for consumption," and the news release says "Kratom-derived products and 7-OH are illegal to manufacture or sell for consumption."

The news release also explains the legal basis CDPH claims: "Under the Sherman Food, Drug and Cosmetic Act (aka Sherman Law), CDPH has authority specific to adulterated or misbranded food, drug, medical device and cosmetics. Food and dietary supplements containing kratom and/or 7-OH are adulterated pursuant to federal and state law."

CDPH's health warning, in its own words, is that these products "have been associated with addiction, serious harm, overdose and death."

Is there a kratom age limit in California?

No California statute sets a minimum age to buy kratom. That is not because sales to adults are permitted: CDPH's letter says kratom and 7-OH products are "illegal to sell to individuals of any age for consumption." An age limit would only come from new legislation, such as AB 1088, which has not passed.

Selling kratom in California: enforcement and penalties

CDPH embargo and seizure

CDPH's letter states that it "has statewide authority to embargo, seize and impound products containing kratom or 7-OH." Its January 16, 2026 news release reports: "To date, CDPH has seized more than $5 million worth of kratom and 7-OH products."

ABC licensees

The Department of Alcoholic Beverage Control is the state's alcohol licensing agency. Its advisory to licensees says ABC "is enforcing the statewide prohibition against illegal and dangerous kratom products," that "ABC licensees must cease sales of these products and remove them from shelves immediately," and that violators "will be subject to administrative disciplinary action which may result in the suspension or revocation of their ABC license."

On September 2, 2026, the Governor's office reported updated statewide results for kratom and 7-OH: 8,038 site visits, 181 violations and 7,888 products removed from store shelves, with 97.75% compliance among ABC licensees.

Criminal penalty under the Sherman Law

The general penalty for violating the Sherman Law is in Health and Safety Code section 111825. Under subdivision (a), a person who violates a provision of that part or a regulation adopted under it "shall, if convicted, be subject to imprisonment for not more than one year in a county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine."

Subdivision (b) sets a higher fine ceiling for one specific act: removing, selling or disposing of an embargoed food, drug, device or cosmetic without permission from the department or a court is punishable by up to one year in county jail, a fine of up to $10,000, or both.

Subdivision (d) raises the exposure in some cases, including a violation committed after a prior conviction under the section has become final and a violation committed with intent to defraud or mislead: up to one year in county jail, imprisonment in state prison, or a fine of up to $10,000, or both. Subdivision (e) adds that the section does not preclude a greater punishment under any other law.

These are the penalties the statute sets for Sherman Law violations generally. The CDPH and ABC statements do not report any criminal case against a kratom seller, and no California court decision on CDPH's adulteration theory for kratom is cited in them.

What the enforcement statements do not address

The CDPH letter, the CDPH news release and the ABC advisory all speak to selling, marketing and manufacturing kratom and 7-OH products. None of them describes an offense for a consumer who possesses kratom. Because kratom does not appear in Schedule I, the possession offenses that apply to Schedule I substances do not reach it on that basis.

Separately, California's controlled substance analog statute, Health and Safety Code section 11401, treats an analog the same as the Schedule I or II substance it is an analog of for the possession and sale offenses in Chapter 6. A substance is an analog if its chemical structure is substantially similar to a Schedule I or II substance, or if it has, or is represented or intended to have, a stimulant, depressant or hallucinogenic effect on the central nervous system substantially similar to or greater than one. No California statute or court decision cited here applies section 11401 to kratom or 7-OH, but a prosecutor could argue that it reaches a concentrated or semi-synthetic 7-OH product.

Recent changes: 2025 and 2026 bills

AB 1088 (pending, not law)

AB 1088 (Bains), titled "Public health: kratom," would add kratom regulation to the Sherman Law. Its official bill history shows that it passed the Assembly 76-0 on June 2, 2025. In the Senate it was amended on June 8, 2026, re-referred to the Health and Revenue and Taxation committees on June 10, 2026, and its first hearing, set for June 17, 2026, was canceled at the author's request. The Legislature's status page lists it as an active bill in the committee process. It has not been enacted, so none of its proposed rules apply.

SB 758 (enacted, but not a kratom law)

SB 758 (Umberg) was approved by the Governor on September 30, 2026 and became Chapter 979, Statutes of 2026. The enacted text is titled "Public health: nitrous oxide" and adds Business and Professions Code section 22984 to restrict retail sales of nitrous oxide. It contains no kratom or 7-OH provision. If you see SB 758 described as a California 7-OH law, the version that became law does not support that description.

Driving and criminal records

California's impaired-driving statute is not limited to listed drugs. Vehicle Code section 23152(f) provides: "It is unlawful for a person who is under the influence of any drug to drive a vehicle." For how DUI cases work in the state, see our guide to California DUI laws.

Because a Sherman Law violation can lead to a criminal conviction, anyone with a conviction can look at whether it qualifies for relief under California expungement laws.

Federal law on kratom

As of the October 6, 2026 version of 21 CFR 1308.11, kratom leaf, mitragynine and 7-OH are not listed in the federal schedules. Three semi-synthetic 7-OH-related compounds (mitragynine pseudoindoxyl, MGM-15 and MGM-16) are in Schedule I under a DEA temporary order effective August 26, 2026. Two new DEA notices of intent, both filed for public inspection on October 9, 2026 and scheduled for publication in the Federal Register on October 14, 2026, would change that. The first (FR Doc. 2026-20943) would temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I only when either one, or both combined, is above a threshold: more than 1 mg per gram for solid forms or 1 mg per milliliter for liquids, or a product in which the mass of mitragynine divided by the mass of those compounds is less than 100. That notice states that DEA is withdrawing its July 2026 notice of intent on 7-OH (91 FR 40917) in a separate document. The second (FR Doc. 2026-20942) would issue a new temporary order keeping MGM-15 and MGM-16 in Schedule I without change, for the technical purpose of separating them from mitragynine pseudoindoxyl. A notice of intent is not an order, and DEA says neither new temporary order will be issued before 30 days after the notices are published. The August 26, 2026 order remains in effect until it expires or the new temporary orders replace it, whichever comes first. Separately, FDA states that kratom is not appropriate for use as a dietary supplement and that supplements containing it are adulterated. Our kratom laws by state hub covers the federal layer in more detail.

Related

• Kratom laws by state
• California DUI laws
• California expungement laws
• Are magic mushrooms legal in California? Psilocybin laws

Disclaimer: This article provides general legal information about California law, not legal advice. Kratom rules in California rest largely on agency enforcement positions that can change quickly. For a specific situation, contact a lawyer licensed in California, or the California Department of Public Health or the Department of Alcoholic Beverage Control.

Last updated: October 12, 2026.

Frequently Asked Questions

Is kratom legal in California?

Kratom is not a controlled substance in California: Health and Safety Code section 11054 (Schedule I) does not list kratom, mitragynine or 7-OH. However, CDPH takes the position that selling or marketing kratom and 7-OH products for consumption is unlawful under the Sherman Law (Health and Safety Code section 110555), and state agencies enforce that position against sellers.

Is kratom banned in California?

There is no statute that bans kratom by name. The restriction comes from CDPH, which says kratom and 7-OH products sold for consumption are adulterated and illegal to sell under Health and Safety Code section 110555. That is an agency enforcement position aimed at sale, marketing and manufacture.

Is it illegal to possess kratom in California?

Kratom is not listed in California Schedule I (Health and Safety Code section 11054), so possession is not a drug-schedule offense under that section. The CDPH and ABC statements address selling, marketing and manufacturing kratom and 7-OH products, not personal possession. Kratom is not listed by name, but California's analog statute (section 11401) could be argued to reach a concentrated or semi-synthetic 7-OH product.

Is 7-OH legal in California?

7-hydroxymitragynine (7-OH) is not listed in California Schedule I. CDPH treats 7-OH products the same way it treats kratom products: its January 9, 2026 letter says the sale and marketing of 7-OH products in any form for consumption is unlawful under Health and Safety Code section 110555.

What is the kratom age limit in California?

No California statute sets a kratom age limit. CDPH says kratom and 7-OH products are illegal to sell to individuals of any age for consumption, and AB 1088, a bill that would regulate kratom, has not been enacted.

What is the penalty for selling kratom in California?

Health and Safety Code section 111825(a) makes a violation of the Sherman Law punishable by up to one year in county jail, a fine of up to $1,000, or both, and section 111825(b) raises the fine ceiling to $10,000 for removing or selling embargoed products without permission; a repeat violation or one committed with intent to defraud or mislead can bring state prison or a fine of up to $10,000 under section 111825(d). ABC licensees also face administrative discipline, up to suspension or revocation of their license.

Did SB 758 ban 7-OH in California?

No. SB 758 became Chapter 979, Statutes of 2026 on September 30, 2026, and the enacted text is a nitrous-oxide retail-sale law that adds Business and Professions Code section 22984. It contains no kratom or 7-OH provision.

Is kratom legal under federal law?

As of the October 6, 2026 eCFR, kratom leaf, mitragynine and 7-OH are not listed in 21 CFR Part 1308; three semi-synthetic derivatives (mitragynine pseudoindoxyl, MGM-15 and MGM-16) are temporarily in Schedule I under a DEA order effective August 26, 2026. FDA says kratom cannot be lawfully marketed as a dietary supplement. DEA's two new notices of intent (FR Docs. 2026-20943 and 2026-20942), scheduled for Federal Register publication on October 14, 2026, would set a threshold for 7-OH and mitragynine pseudoindoxyl and keep MGM-15 and MGM-16 in Schedule I; the 7-OH notice states that DEA is withdrawing its July 2026 7-OH notice. A notice of intent is not an order.