Is Kratom Legal in California? What State Law Actually Says

Last updated: July 2026 · Written by the Kingdom Kratom team

Quick answer: Kratom is not banned by any California statute, and there is no state law criminalizing it. A state health-department declaration and a handful of local city/county ordinances exist, but those are administrative or local actions — not a law passed by the legislature. Natural leaf kratom remains available to California adults, and we ship there.

California generates more confusion than any other state, largely because a health-agency declaration got widely reported as a “ban.” Here's the precise picture.

Is kratom legal in California right now?

There is no California statute that bans kratom — the legislature has not passed a law making it illegal, and possession is not a crime. What exists instead is (1) a declaration from the California Department of Public Health (CDPH) treating kratom and 7-OH products as unapproved under food-and-drug guidance, and (2) a small number of local ordinances in specific cities and counties. Because a health-agency declaration is administrative guidance rather than a passed law, we do not treat it as a statewide prohibition — and we continue to ship natural leaf kratom to California.

What about AB 1088 and local rules?

AB 1088 — a bill that would create a formal 21+ regulatory framework for kratom — has been working through the California legislature. If it passes, California would move from “no dedicated statute” to “legal and regulated,” which is the outcome most of the industry supports. Separately, a few localities (for example, San Diego, Oceanside, and Newport Beach, and San Mateo County) have their own ordinances. Local rules can differ from the statewide picture, so it's always worth checking your specific city or county.

Natural leaf vs. 7-OH

As everywhere, it helps to separate natural mitragynine-dominant leaf kratom (traditional powder and capsules) from concentrated or synthetic 7-OH products. Most regulatory attention nationwide is aimed at concentrated 7-OH, not the leaf.

The DEA's July 2026 7-OH decision (national context)

On July 1, 2026, the DEA filed its intent to temporarily place concentrated and synthetic 7-OH into Schedule I, along with three related lab-made compounds (mitragynine pseudoindoxyl, MGM-15, and MGM-16), with HHS's backing. The DEA was explicit that the action does not apply to natural kratom leaf with 7-OH below roughly 0.05% by dry weight — it targets synthesized and concentrated products. Natural leaf remains legal federally. See our 7-OH scheduling explainer.

How California compares to other states

Without a statute on the books, California sits among the states where kratom is legal but not formally regulated — pending AB 1088, which would add a consumer-protection framework like the ones in Texas, Nevada, and Oregon. See the full picture in our state-by-state kratom legality map.

Where to buy lab-tested kratom in California

We ship natural leaf kratom to California. Because there's no statewide quality statute yet, buying from a reputable vendor matters — look for third-party lab results and honest labeling, and confirm any local city or county rules that may apply to you. Explore our kratom powder, capsules, and full shop.

Frequently asked questions

Is kratom legal in California in 2026?

There is no California statute banning kratom, and possession is not a crime. A health-agency declaration and some local ordinances exist, but no passed state law prohibits it.

Can I get kratom shipped to California?

Yes. Kingdom Kratom ships natural leaf kratom to California. Check your local city or county for any local ordinances.

Did California ban kratom?

The legislature has not passed a ban. Reports of a “ban” refer to a CDPH health-department declaration and local ordinances, not a state statute.

What is AB 1088?

A pending California bill that would create a 21+ regulatory framework for kratom — moving the state toward “legal and regulated” rather than unregulated.

This article is general information as of July 2026 and is not legal advice. California's situation involves administrative guidance and local ordinances that can change — verify your local rules before you buy. Kingdom Kratom makes no health or therapeutic claims about kratom.