Is Kratom Legal In California?
Kratom Guide , Kratom Legality
Is Kratom Legal In California?
Abdullah Mamun
Abdullah Mamun
Published on January 24, 2023
Updated on May 22, 2025
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TL;DR: This guide covers everything you need to know about kratom’s legality in California, including statewide laws, local bans in cities like San Diego and Oceanside, and potential future regulations. It also explains where you can buy kratom, the risks of traveling with it, and why staying updated on changing laws is essential.

Disclaimer: This article is for informational purposes only and does not constitute medical, legal, or regulatory advice. Kratom is not FDA-approved, and its effects, risks, and legal status may vary by location. Always consult a healthcare professional before using kratom and check local laws to ensure compliance.

Kratom, a plant native to Southeast Asia, has sparked debate across the U.S. due to its stimulant and opioid-like properties. While some states have moved to ban or regulate it, California takes a different approach - kratom remains legal at the state level. However, a few cities have decided to outlaw it, creating a patchwork of regulations that can be confusing for residents and visitors alike.

If you’re wondering whether you can legally buy, possess, or use kratom in California, this guide breaks down the current laws, local restrictions, and potential changes on the horizon. Let’s dive into what you need to know about kratom’s legal status in the Golden State.

Key Takeaways

  1. Kratom is legal in California at the state level, meaning residents can buy, sell, and use it freely in most areas.
  2. San Diego, Newport Beach and Oceanside have banned kratom, making possession, sale, and distribution illegal within city limits.
  3. There are no statewide regulations yet, but lawmakers have proposed bills to establish safety and labeling standards.
  4. Traveling with kratom requires caution - bringing it into cities with bans could result in legal consequences.

Yes, kratom is legal in California - at least at the state level. There are no statewide laws banning the sale, possession, or use of kratom, which means you can legally buy it from smoke shops, herbal stores, and online vendors like Authentic Kratom. However, legality doesn’t mean a free pass everywhere. Some cities, like San Diego, Oceanside and Newport Beach, have chosen to ban kratom within their limits.

So, while most Californians can purchase and use kratom without issue, it’s important to check local laws before assuming it’s allowed everywhere. Regulations can change, and some lawmakers continue to push for tighter restrictions or consumer safety measures. If you're in California and want to stay informed, keeping an eye on legislative updates is a smart move.

For more information on kratom's legal status across the United States, you can explore our guide: Where Is Kratom Legal in the United States.

kratom leaves in the sun

Local Restrictions: Where Is Kratom Banned in California?

Even though kratom is legal statewide, not every city in California allows it. Some local governments have taken a stricter stance, banning the sale and possession of kratom within their city limits. If you’re in California, it’s important to know where these restrictions apply to avoid any legal trouble.

San Diego: A Citywide Ban Since 2016

San Diego banned kratom in June 2016, classifying it alongside synthetic and psychoactive substances. This means you can’t buy, sell, or possess kratom anywhere within city limits. The local government justified the ban by citing public health concerns and a lack of FDA regulation. If you’re caught with kratom in San Diego, you could face penalties, so it’s best to avoid bringing it into the city.

Oceanside: Another Coastal City With a Ban

Oceanside followed San Diego’s lead and also prohibits kratom. The city hasn’t classified it as a controlled substance, but selling or possessing kratom here is still illegal. While nearby cities allow kratom, Oceanside enforces its ban strictly, so be aware if you’re in the area.

Kratom Ban California - What About Other Cities?

Right now, San Diego, Oceanside, and Newport Beach are the only California cities that have banned kratom. If you live outside these areas, you can legally buy and use kratom. However, local regulations can change, and lawmakers occasionally introduce new bills that could impact kratom’s legal status. Always check the latest laws in your city to stay informed.

What Happens If You’re Caught with Kratom in San Diego?

If you’re caught with kratom in San Diego, you could face legal consequences since the city classifies it as an illegal substance. While kratom isn’t considered a controlled substance at the state or federal level, San Diego’s 2016 ban prohibits its sale, possession, and distribution.

Penalties can vary depending on the circumstances, but you may receive a fine, a citation, or even misdemeanor charges. Law enforcement typically enforces this law in cases where kratom possession is noticeable, such as during traffic stops or public encounters. If you live in or plan to visit San Diego, it’s best to leave your kratom at home or travel to a nearby city where it’s legal.

What Happens If You’re Caught with Kratom in Oceanside?

In Oceanside, kratom is also banned, meaning possession could lead to legal trouble. While the exact penalties depend on the situation, you could face a fine or citation if found with kratom within city limits. Since kratom remains legal in most of California, some people unknowingly bring it into Oceanside, not realizing the local ban is in place.

To avoid issues, check local regulations before carrying kratom with you. If you’re unsure about the latest enforcement policies, contacting local authorities or reviewing city ordinances can provide the most up-to-date information.

Pending Legislation: Could California Change Its Kratom Laws?

While kratom remains legal in most of California, lawmakers have shown interest in regulating it. In 2024, Assemblymember Matt Haney introduced a bill aimed at creating statewide safety regulations for kratom products. Rather than banning kratom outright, the proposed legislation focuses on setting quality control standards to ensure consumers get safe, unadulterated products.

If passed, the law would require kratom sellers to follow stricter guidelines, such as proper labeling, testing for contaminants, and restricting sales to minors. This kind of regulation mirrors what other states have done under the Kratom Consumer Protection Act (KCPA)—a law designed to prevent unsafe products from reaching the market.

At this stage, California hasn’t passed any statewide kratom regulations, but discussions continue. If you use kratom in California, it’s worth keeping an eye on legislative updates, as new laws could impact how kratom is sold and regulated in the future.

Kratom Consumer Protection Act

The Kratom Consumer Protection Act (KCPA) is a set of state-level regulations designed to ensure the safe sale and use of kratom. It typically includes requirements like:

  1. Age Restrictions – Banning sales to minors.
  2. Product Testing – Ensuring kratom is free from contaminants like heavy metals and adulterants.
  3. Labeling Standards – Requiring accurate ingredient lists and dosage information.
  4. Banning Altered Kratom – Prohibiting synthetic or chemically modified kratom products.

Several states have adopted the KCPA to regulate kratom rather than banning it outright, helping protect consumers while keeping the product legally available. California has not yet passed the KCPA, but discussions about kratom regulation continue.


Disclaimer: This article provides an overview of kratom's legal status in California as of February 2025 and is intended for informational purposes only. It does not constitute legal advice. For personalized guidance, please consult a legal professional.

Practical Guidance: What to Know Before Buying or Traveling With Kratom

Where to Buy Kratom in California

If you’re in a city where kratom is legal, you’ll find it in smoke shops, herbal stores, and through online vendors. Many people prefer online retailers for a wider selection and third-party lab testing, but local shops offer the convenience of buying in person.

Before you try kratom, take the time to research it thoroughly and consult a healthcare professional to determine if it’s a suitable option for you.

Traveling With Kratom? Know the Local Laws

If you plan to carry kratom while traveling in California, be careful - especially when entering cities like San Diego, Newport Beach and Oceanside, where kratom is banned. Even if you bought it legally elsewhere, possession in these areas could lead to fines or legal trouble. To stay safe, always check local laws before bringing kratom into a new city.

Kratom laws can change, so it’s best to stay informed. Keep an eye on official state and local government websites for the latest updates, or consult a legal professional if you’re unsure about current regulations. Being proactive can help you avoid legal risks and ensure you stay on the right side of the law.

FAQs: Kratom Legality in California

Yes, kratom is legal in California at the state level. However, some cities, like San Diego, Oceanside and Newport Beach, CA, have banned it locally.

Can you buy kratom in California?

Yes, you can purchase kratom from smoke shops, herbal stores, and online retailers, as long as you're not in a city where it’s banned.

Can you travel with kratom in California?

Yes, but avoid bringing it into San Diego, Oceanside, or Newport Beach, where local bans are in place. Check local laws before carrying kratom across city lines.

Is California considering banning kratom statewide?

There are no current efforts to ban kratom statewide, but lawmakers have introduced bills to regulate its sale and quality. Future legal changes are possible.

Wrapping Up - Kratom Laws in California

Kratom remains legal in most of California, but local bans in cities like San Diego, Newport Beach and Oceanside create a patchwork of regulations that users need to navigate carefully. While there are currently no statewide restrictions, lawmakers have proposed measures to regulate kratom, meaning future legal changes are possible.

If you live in or plan to visit California and use kratom, staying informed is key. Always check local laws, follow any new regulations, and be mindful of where you carry or purchase kratom. Since laws can change, keeping an eye on official government sources or consulting a legal professional is the best way to ensure compliance.

Disclaimer: This article is for informational purposes only and does not provide legal or medical advice. Kratom laws can change, so always verify the latest regulations before purchasing or using it.