Not under California’s drug schedules: kratom and its main compounds, mitragynine and 7-hydroxymitragynine (7-OH), are not listed in them. That does not mean kratom carries no legal risk. State health officials treat kratom and 7-OH products as illegal to sell or manufacture for consumption, the City of San Diego bans possessing both compounds, and federal Schedule I controls now reach some 7-OH-related substances, with 7-OH itself proposed.

Not on California’s drug schedules

The state’s five controlled-substance schedules appear in sections 11054, 11055, 11056, 11057, and 11058 of the Health and Safety Code. Kratom, mitragynine, and 7-hydroxymitragynine do not appear in any of them. The firm’s drug possession FAQ explains that a possession charge depends on the substance being listed, and the drugs on its hard drug possession page, such as cocaine, methamphetamine, heroin, and fentanyl, are all scheduled.

One caution: California’s analog statute, Health and Safety Code section 11401, treats an unlisted substance the same as a Schedule I or II drug if its chemical structure is substantially similar, or if its stimulant, depressant, or hallucinogenic effect (actual, claimed, or intended) is substantially similar or greater. The statute does not name kratom or 7-OH, but because its effect test is broad, “not scheduled” does not rule out every state drug charge, especially for concentrated 7-OH products.

What California has done about sales

In a news release dated October 24, 2025, and revised on January 7, 2026 to reflect the words “for consumption,” the California Department of Public Health (CDPH) said “foods and other products containing kratom and 7-OH are illegal to sell or manufacture for consumption.” CDPH added that neither can lawfully be marketed in the United States as a drug product, dietary supplement, or food additive, and that it continues to remove kratom and 7-OH products and raw materials from retailers and manufacturing sites. Products it identifies in an investigation are embargoed or destroyed.

In a January 9, 2026 letter to licensed tobacco retailers, CDPH said selling these products for consumption is unlawful under Health and Safety Code section 110555, a food-safety provision that treats food containing an unsafe food additive as adulterated. The Governor’s office has reported ongoing retail enforcement and says businesses that do not comply may face license discipline, including suspension or revocation (September 2, 2026 announcement).

These actions target selling and manufacturing. Neither the CDPH release nor the retailer letter says that possessing kratom for your own use is a crime.

Federal action on 7-OH

Federal drug law also applies in California. Effective August 26, 2026, through August 26, 2028, the Drug Enforcement Administration temporarily placed three 7-OH-related substances, mitragynine pseudoindoxyl, MGM-15, and MGM-16, in Schedule I, which brings federal criminal sanctions for possessing them (91 Fed. Reg. 54948).

In July 2026 the DEA also gave notice that it intends to temporarily place 7-OH itself in Schedule I above a threshold: kratom plant material with more than 0.050 percent 7-OH by dry weight, and synthetic or further processed products with more than 0.050 percent, or more than 1.00 milligram, of 7-OH (91 Fed. Reg. 40917). Plant material at or below that level would fall outside it. As of September 24, 2026, that order had not been published in the Federal Register. When it is, it takes effect on the date of publication.

Local bans

Some cities go further than state law. The San Diego Municipal Code lists mitragynine and 7-hydroxymitragynine as novel psychoactive drugs and makes it unlawful to possess them anywhere in the city (sections 52.3302 and 52.3304). Other cities may have their own rules.

What this means practically

  • Having kratom for personal use is not, by itself, a charge under California’s scheduled-drug possession laws. It can still violate a city ordinance such as San Diego’s, and federal law now reaches the three 7-OH-related substances listed above.
  • Selling or manufacturing kratom or 7-OH products for consumption is the activity CDPH says is unlawful, and retailers face enforcement.
  • CDPH describes 7-OH as “a potent opioid product derived from the kratom plant” and reports that the Los Angeles County Department of Public Health linked six fatal overdoses to 7-OH since April 2025. Treat any product containing it as a real safety risk.

What to do next

  • If you were cited or arrested, get the exact charge and code section. A state statute, a city ordinance, and federal law each work differently.
  • Keep product packaging or receipts. What a product actually contained can matter to both the legal and the safety questions.
  • The rules here are changing quickly, so check the current federal and state status before relying on any single source.

If you have been cited or charged over kratom or 7-OH, speak with the Law Offices of David S. Chesley at (800) 755-5174.