Is Kratom Legal in California in 2026?

Updated May 2026
Informational Only
Not Sold at Angie's

Updated May 2026 · CDPH commercial ban explained · Federal status · State-by-state · Consumer guidance

838 N Broadway, Los Angeles
Open Daily 11:00 AM - 7:00 PM

⚠️ Informational Page — Angie's Boutique Does Not Sell Kratom

This page is published as a public reference on the current legal status of kratom in California and the United States. We do not sell kratom, 7-OH, or any kratom-derived products. The California Department of Public Health prohibited the sale of kratom and 7-OH products for human consumption in October 2025. This guide is provided so that customers, retailers, and the general public can understand the current rules. It is not legal advice — consult a qualified attorney for guidance on your specific situation.

⚡ At-A-Glance: Kratom in California, May 2026

  • Sale in California: Prohibited. CDPH administrative action effective October 2025 made it illegal to manufacture or sell kratom or 7-OH for human consumption at any age.
  • Possession by individuals: Not criminalized at the state level. Personal possession is not the subject of the CDPH action.
  • Federal status: Kratom remains legal at the federal level. The DEA has not scheduled kratom as a controlled substance.
  • Pending legislation: AB 1088 (2025–2026 session) would add kratom to California's Food, Drug, and Cosmetic Law with age limits and labeling requirements.
  • States with full bans (May 2026): Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Michigan, Vermont, Wisconsin — plus California's de facto commercial ban via CDPH.
  • Most recent change: Rhode Island reversed its ban on April 1, 2026 — the first state ever to do so.

Kratom in California, 2026: The Current Legal Status

As of May 2026, kratom and 7-hydroxymitragynine (7-OH) products cannot be lawfully sold for human consumption anywhere in California. The change came through an administrative action by the California Department of Public Health (CDPH) that took effect in October 2025, not a new statute. The state's position is that foods, dietary supplements, and medical drugs containing kratom or 7-OH are adulterated under existing California Food, Drug, and Cosmetic Law and are therefore illegal to manufacture, distribute, or sell.

In March 2026, Governor Gavin Newsom announced that California had reached a 95% retailer compliance rate, with state agents removing more than 3,300 kratom and 7-OH products from the shelves of licensed businesses. Enforcement remains active.

The CDPH action applies to commercial sale. It does not criminalize personal possession of kratom that was purchased before the ban or brought in from another state. Adult individuals who already possess kratom for personal use are not the target of state enforcement, but no California retailer is permitted to sell it.

Bottom line for California consumers

You cannot legally buy kratom from a California retailer in 2026. You are not breaking state law by owning kratom you already have. Pending legislation may change the framework from prohibition to regulation, but until passed and signed, the CDPH commercial ban is the rule.

AB 1088 — The Pending Bill That Could Change California's Approach

California Assembly Bill 1088, introduced in the 2025–2026 legislative session, is the most significant state-level kratom legislation currently under consideration. Rather than maintaining outright prohibition, AB 1088 would add kratom products to the California Food, Drug, and Cosmetic Law as a regulated category — broadly mirroring the framework used by the 13+ states that have adopted the Kratom Consumer Protection Act (KCPA).

What AB 1088 would require:

  • Minimum age of 21 to purchase
  • Mandatory third-party lab testing for alkaloid content
  • Accurate labeling of mitragynine and 7-hydroxymitragynine percentages
  • Prohibition on synthetic alkaloids and adulterated products
  • Lot and origin disclosure on packaging
  • Civil penalties for non-compliant sellers

As of May 2026, AB 1088 has been introduced but not passed. Until the bill is signed into law and takes effect, the CDPH commercial ban remains controlling. We'll update this page when the bill's status changes.

Federal Kratom Status in 2026

Kratom remains legal under federal law. The Drug Enforcement Administration (DEA) attempted to schedule kratom in 2016 but withdrew the proposal after public and Congressional pushback. No federal scheduling has occurred since. The Food and Drug Administration (FDA) continues to issue warnings about kratom safety and has not approved kratom for any medical use, but warnings are not bans — the FDA does not have unilateral authority to ban a botanical product.

Because kratom is federally legal but California has acted administratively, the situation is jurisdictionally unusual. The CDPH action is rooted in California's interpretation of its own state Food, Drug, and Cosmetic Law, not in federal scheduling.

U.S. States Where Kratom Sale Is Banned (May 2026)

StateBan TypeEffectiveNotes
AlabamaSchedule I controlled substance2016Possession is a felony
ArkansasControlled substance2016Among earliest state bans
CaliforniaCDPH commercial ban (admin)October 2025Sale prohibited; possession not criminalized
ConnecticutSchedule IMarch 25, 2026Most recent state to schedule kratom
IndianaSynthetic drug classification2014Original strict ban state
KansasState ban2026Signed March–April 2026
LouisianaState banAugust 2025Reversed prior legal status
MichiganSchedule I2024Possession and sale both banned
VermontControlled substance2016Long-standing ban
WisconsinSchedule I2014Among earliest bans
TennesseePendingAwaiting signature (2026)Bill passed; not yet in effect

Note: Some cities and counties in otherwise-legal states have local ordinances restricting kratom. San Diego, Oceanside, Newport Beach, Sarasota County (FL), and others have local rules separate from state law. Always check local ordinances before traveling with kratom.

States That Regulate Rather Than Ban — The KCPA Framework

Many states have taken the opposite approach to California's ban. The Kratom Consumer Protection Act (KCPA) is a model regulatory law that keeps kratom legal while requiring age limits (typically 21+), accurate alkaloid labeling, lab testing, and prohibitions on synthetic alkaloids. As of May 2026, states with KCPA or substantially similar laws include:

Arizona
Colorado
Florida
Georgia
Kentucky
Mississippi
Nevada
New York
Oklahoma
Oregon
Texas
Utah
Virginia
West Virginia
Rhode Island*

*Rhode Island reversed its prior ban effective April 1, 2026 — the first state to move from prohibited to legal-and-regulated under modern kratom legislation.

Practical Consumer Questions

Can I still legally own kratom I bought before October 2025?

Yes. The California CDPH commercial ban targets manufacture, distribution, and sale. Personal possession is not the subject of the state action and has not been criminalized in California.

Can I order kratom online and have it shipped to California?

The CDPH ban applies to sales within California. Some out-of-state vendors continue to ship to California addresses, but doing so may violate the CDPH adulteration rules and could expose the vendor to enforcement. The legal status of an individual receiving such a shipment is less clear; consult an attorney for specific guidance.

Is it illegal to bring kratom into California from a legal state?

Travel with kratom for personal use within California is not specifically criminalized. However, you cannot resell, give away as part of a transaction, or distribute kratom in California. Always avoid traveling with kratom to states where it is banned — Alabama, Arkansas, Connecticut, Indiana, Kansas, Louisiana, Michigan, Vermont, or Wisconsin.

What is 7-OH and why is it included in the California ban?

7-hydroxymitragynine (7-OH) is one of the most active alkaloids in kratom. Some products on the market in 2024–2025 contained concentrated or semi-synthetic 7-OH at levels well above what occurs in natural kratom leaf, which drew specific concern from the CDPH and FDA. California's October 2025 action explicitly covers both natural kratom and 7-OH products.

Will AB 1088 reverse the ban if it passes?

If signed into law, AB 1088 would replace the current CDPH prohibition framework with a regulated-sale framework similar to the KCPA. It would require lab testing, accurate labeling, age limits, and prohibit synthetic alkaloid products. Until passed, the CDPH ban remains in effect.

Does Angie's Boutique sell kratom?

No. We have not sold kratom or 7-OH products since the CDPH action took effect, and we have no plans to resume even if AB 1088 passes. This page exists as an informational reference only. If you're visiting our Chinatown LA store, our staff can answer questions about kratom law but cannot sell kratom in any form.

Visit Angie's Boutique in Chinatown Los Angeles

Angie's Boutique has served Los Angeles since 1990. We carry premium vaporizers, glass pipes, water pipes, dab rigs, and accessories. Visit us in person, call, or shop our online catalog.

838 N Broadway, Los Angeles, CA 90012
Open Daily 11:00 AM – 7:00 PM
(213) 680-0080

Related Information

Disclaimer: This page is informational only and does not constitute legal advice. Laws and enforcement positions change. The information here is current as of May 2026 to the best of our knowledge, and we update it as state and federal rules evolve. For specific legal guidance, consult a licensed California attorney experienced in food, drug, and cannabis/hemp regulation. Angie's Boutique does not sell kratom or 7-OH products.

Is Kratom Legal in California 2026? CDPH Ban, AB 1088 & State-by-State Guide

Comprehensive 2026 guide to kratom's legal status in California, including the CDPH commercial ban effective October 2025, AB 1088 pending legislation, federal status, and state-by-state breakdown. Angie's Boutique does not sell kratom or 7-OH products.