
The Curious Case of Kratom in the Golden State
If you’ve ever asked yourself, “Is kratom legal in California?” the answer is a cautious yes—but with a few important caveats. While kratom remains legal at the state level, some cities have taken a different approach, creating a patchwork of local bans that can catch even the most well-informed consumers off guard. In this blog, we’ll break down where kratom stands legally in California, what recent legislative efforts might mean for the future, and why understanding these nuances is crucial for both seasoned kratom users and curious newcomers alike.
California’s Statewide Legal Status
At the state level, kratom is legal in California as of 2025. Unlike states that have moved to ban or heavily regulate the herb, California has not classified kratom as a controlled substance. This means that adults are generally free to buy, sell, and use kratom without legal repercussions—provided they are outside the few cities with specific local bans. However, this lack of regulation also means that consumers must be cautious about product quality, as there are no standardized testing or labeling requirements statewide.
Recent State Legislation on Kratom
California lawmakers have been trying to tighten the reins on the kratom market to ensure consumer safety. One of the most notable recent efforts was Assembly Bill 2365 (AB 2365), introduced in 2024 by Assemblymember Matt Haney. This bill aimed to create a Kratom Consumer Protection framework, including provisions for age restrictions, ingredient testing, and product labeling. However, despite passing the Assembly, it stalled in the Senate in late 2024 and was ultimately shelved.
Building on this, Assembly Bill 1088 (AB 1088) was introduced in 2025 by Assemblymember Jasmeet Bains. This bill seeks to formally regulate the sale and labeling of kratom products in California, with proposed requirements including:
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Age restrictions prohibiting sales to anyone under 21
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Mandatory testing for contaminants and alkaloid content
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Clear labeling of active ingredients and health warnings
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Limits on certain synthetic kratom derivatives, including 7-hydroxymitragynine
As of mid-2025, AB 1088 is advancing through the legislative process, gaining bipartisan support from lawmakers concerned about unregulated kratom products. If passed, this bill would mark the first major statewide regulation of kratom in California, potentially coming into effect as early as 2026.
Local Bans in California

While kratom is legal statewide, certain cities have taken a harder stance:
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San Diego: Banned kratom in 2016, classifying it as a prohibited “novel psychoactive drug” under San Diego Municipal Code §52.3302. Violations can result in fines up to $1,000 and six months in jail.
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Oceanside: Also banned kratom in 2016, making it illegal to sell, distribute, or possess within city limits.
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Newport Beach: Passed an ordinance in 2024 banning the sale and distribution of kratom, effectively removing all kratom retail options within the city.
This means you can legally purchase kratom in nearby cities like Carlsbad or La Mesa but risk fines or even jail time if you carry it into these banned areas.
Why Stay Informed?
If you’re a kratom enthusiast or a curious newcomer in California, it’s essential to stay up-to-date on the evolving legal landscape. State-level legislation is moving toward regulation rather than prohibition, but local bans can catch you off guard. Make sure to check local laws before making any kratom-related purchases or travel plans within the state.
Shop Quality, Lab-Tested Kratom
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Stay safe, stay informed, and enjoy your kratom journey responsibly.