California Leading the Way — How Your State Can Too
California has become the first state in the nation to launch a full-scale crackdown on kratom and its potent opioid-like derivative, 7-hydroxymitragynine (7-OH). Since late September 2025, the California Department of Public Health (CDPH) has been seizing kratom products from stores, distributors, and online sellers, citing public-health concerns and product adulteration.
Inspectors have begun embargoing and condemning kratom items under the state’s consumer-safety laws. Over $5 million worth of products have already been pulled from shelves, signaling a major shift in how states can respond to unregulated “herbal highs.”
Why California Acted
Although kratom is not a controlled substance under California or federal law, the CDPH and several county health departments have declared it illegal to sell as a food, dietary supplement, or drug. This move follows alarming trends in product contamination, fatalities, and legislative inaction.
- 7-OH overdose deaths: Several recent fatalities in Los Angeles County involved 7-OH, particularly when mixed with alcohol or other depressants.
- Product adulteration: Testing revealed kratom capsules and tinctures with dangerously high 7-OH concentrations and contamination from synthetic opioids.
- Failed legislation: After multiple attempts to pass a kratom-regulation bill stalled, CDPH invoked authority under the Sherman Food, Drug and Cosmetic Law to act independently.
The Legal Gray Zone
California’s action highlights a confusing gap between supplement regulation and drug enforcement. There is no explicit law banning kratom, yet CDPH applies existing food- and drug-safety statutes to any unapproved substance sold for human consumption.
- Statewide ambiguity: Enforcement relies on consumer-protection law rather than specific scheduling statutes.
- Patchwork bans: Local prohibitions in San Diego, Oceanside, and Newport Beach add to the complexity.
- Industry division: Even kratom manufacturers disagree on how far enforcement should go, splitting between natural-leaf advocates and those defending concentrated extracts.
Fallout for Businesses and Consumers
Retailers report being blindsided by unannounced inspections, surrendering inventory they believed was legal. Distributors have lost millions in product, while e-commerce sellers face platform bans. The CDPH now encourages residents to report illegal kratom or 7-OH sales, effectively crowdsourcing enforcement.
Consumers relying on kratom for pain or withdrawal management suddenly find products unavailable or restricted, leaving confusion about what is still legal to buy or possess.
California’s Message to the Nation
By moving ahead of federal regulators, California shows that states can use existing consumer-safety statutes to seize and destroy unsafe “herbal” drugs. Whether viewed as bold or controversial, the precedent is clear: state health agencies already have the authority to act when unregulated psychoactives threaten public health.
How You Can Take Action in Your State
California proved that action doesn’t have to wait for Washington. Here’s how you can help your state follow their lead:
- Learn your state’s laws: Visit the MAHA Take Action section for summaries of local and state kratom legislation.
- Contact your legislators: Use MAHA’s Form Letters to email or print professional, evidence-based letters to your representatives.
- Partner with public health officials: Urge your Department of Health to classify kratom and 7-OH as unapproved for human consumption until adequate safety data exists.
- Report unsafe sales: File a complaint with your county health department or contact MAHA if you see kratom, 7-OH, or tianeptine sold at vape shops or gas stations.
- Share verified information: Spread factual resources from MAHA’s Evidence & Data library to help parents and educators recognize the risks.
The Bottom Line
California isn’t waiting for permission—it’s protecting families. This moment is bigger than one state or one plant. It’s about reclaiming consumer safety from an industry that has thrived in regulatory shadows. California is leading the way. Let’s make sure it’s not standing alone.
Sources
- SFGate, MSN News, LA Times, Kym Kemp News, Yahoo News, Westwind Recovery, Georgia Wrongful Death Blog (2025).