Kratom laws in California

Jan 15, 2026
Warning to ABC Licensees Concerning Illegal Kratom, 7-OH Products
The Department of Alcoholic Beverage Control (ABC) supports the California Department of Public Health’s initiative to remove illegal and potentially harmful kratom and 7-OH products from licensees’ shelves.
...
The Department of Alcoholic Beverage Control is enforcing the statewide prohibition against illegal and dangerous kratom products. Foods, dietary supplements, and medical drugs containing kratom and 7-OH are illegal to sell or manufacture and pose significant health risks to consumers. ABC licensees must cease sales of these products and remove them from shelves immediately. Those who violate this prohibition will be subject to administrative disciplinary action which may result in the suspension or revocation of their ABC license.
Products made from kratom plants, which are native to southeast Asia, or their derivative 7-hydroxymitragynine (7-OH), have recently been appearing for sale in California business establishments, often marketed as dietary supplements, drinks, or gummies. Such products pose opioid-like addition and overdose risks, according to CDPH.
...
On October 24, 2025, CDPH issued a statewide consumer warning declaring that foods, dietary supplements, and medical drugs containing kratom or 7-OH are dangerous and illegal to sell or manufacture in California.

Novel Psychoactive Drug means any compound, mixture, preparation, or substance,
or its analog (including salts, isomers, esters, ethers, and salts of isomers), containing
substances which have a psychedelic, psychotropic, hallucinogenic or other effect on
the central nervous system or brain similar to the effect of any Federal Schedule I
Drug or Federal Schedule II Drug, as listed in 21 C.F.R. §§ 1308.11 – 1308.12, not
otherwise regulated or prohibited by state law. Examples of Novel Psychoactive
Drugs include:
...
62. 7-hydroxymitragynine
...
71. Mitragynine
...
§52.3303 Manufacture, Distribution, and Sale Prohibited
It is unlawful to manufacture, sell, offer to sell, offer for sale, distribute, or possess
for sale any Federal Schedule I Drug, Novel Synthetic Drug, or Novel Psychoactive
Drug.
...
§52.3304 Possession Prohibited
It is unlawful to possess any Federal Schedule I Drug, Novel Synthetic Drug, or
Novel Psychoactive Drug.
...
(c) This Division shall not apply to any drug listed in one of the California
Uniform Controlled Substances Act schedules of controlled substances (Cal.
Health & Safety Code §§ 11053-11058), or that is otherwise regulated by
California or local law in effect at the time.

(89) Methyl (E)-2-((1'S,6'S,7'S)-6'-ethyl-4-methoxy-3-oxo- 9672
3',5',6',7',8',8a'-hexahydro-2'H-spiro[indoline-2,1'-
indolizine]-7'-yl)-3-methoxyacrylate (commonly known as
mitragynine pseudoindoxyl) including its isomers, esters,
...
(90) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-7a-hydroxy-8- 9673
...
15; also known as dihydro-7-hydroxymitragynine) including its
...
(91) Methyl (E)-2-((2S,3S,7aS,12aR,12bS)-3-ethyl-9-fluoro-7a- 9674
...
(commonly known as MGM-16; also known as 9-fluoro-dihydro-7-
hydroxymitragynine; or 10-fluoro-dihydro-7-hydroxymitragynine

The substances [7-hydroxymitragynine] and [mitragynine
pseudoindoxyl] be controlled in schedule I [pursuant to 21 U.S.C.
811(h)] when either substance alone, or their combined amount if both
present, is:
(A) Above a specified threshold concentration, that is, greater
than 1 mg per gram (for solid powders, encapsulated material, or other
solid forms) or greater than 1 mg per milliliter (for liquid
preparations), OR
(B) The mass of mitragynine present divided by the mass of [7-
hydroxymitragynine], or [mitragynine pseudoindoxyl], or the combined
amount of [7-hydroxymitragynine] and [mitragynine pseudoindoxyl] if
both present, is less than 100.
...
The temporary scheduling order will be published in the Federal
Register on or after November 13, 2026.