SACRAMENTO, Calif. – Products containing Kratom and 7-OH (or 7-hydroxymitragynine) were once found easily on the shelves in liquor stores, smoke shops and gas stations, and the California Department of Alcoholic Beverage Control (ABC) has launched a compliance effort to ensure its licensees do not have these illegal and dangerous products on their shelves.

Due to these highly addictive, potent, and dangerous opioid products, ABC will be aggressively working to get them off the shelves of retailers who sell alcohol and are licensed by ABC.

Several cities and counties in California have enacted local bans on the sale, possession, and distribution of Kratom, with 7-OH products facing particularly strict crackdowns. Among those areas are San Diego, Oceanside, Newport Beach, Sacramento, and Los Angeles County.

When found in stores, the products have no age limits in California, so they can end up in the hands of minors. Other states have added age limits with 18 or 21 the youngest one can purchase the products.

Kratom and 7-OH can cause serious harm, overdose, and death, according to the California Department of Public Health (CDPH). Neither illegal kratom nor 7-hydroxymitragynine products can lawfully be marketed in the United States as a drug product, dietary supplement, or food additive. Claims that illegal kratom and 7-OH products can treat pain, anxiety and opioid withdrawal are unproven, according to the ABC. Side effects of illegal kratom and 7-OH products include withdrawal symptoms, insomnia and anxiety, seizures, and fatal respiratory depression. 

Following guidance issued by CDPH and coupled with an extensive campaign to educate licensees, ABC will take strong enforcement action against businesses that continue to sell products containing illegal kratom and 7-hydroxymitragynine. 

“We want to ensure our licensees are aware of existing laws and take steps to remove these dangerous products from store shelves,” said Paul Tupy, director of the Department of Alcoholic Beverage Control. “We saw overwhelming compliance with illegal hemp products and fully expect to see the same with these products.”

Licensees who do not comply with the law could face criminal and administrative penalties.

In October 2023, ABC began enforcing efforts to remove illegal hemp products (intoxicating hemp) from licensee store shelves following an emergency regulation. Since then, ABC agents have conducted nearly 17,000 individual site visits and removed 7,357 illegal products from shelves. ABC says that more than 99 percent of all sites visited have complied with the emergency order, with the majority of violations occurring in the three months immediately following the emergency regulation going into effect. 

Under the Sherman Food, Drug and Cosmetic Act (aka Sherman Law), CDPH has authority specific to adulterated or misbranded food, drug, medical device and cosmetics. Food and dietary supplements containing kratom and/or 7-OH are adulterated pursuant to federal and state law. To date, CDPH has seized more than $5 million worth of kratom and 7-OH products. CDPH continues to take action to remove products or raw materials containing kratom or 7-OH from retail facilities selling to consumers for consumption and from locations where these products are manufactured. 

These enforcement efforts are in coordination with CDPH and the California Department of Tax Fee Administration who also have jurisdiction over regulation and enforcement:

●   About Kratom Fact Sheet for Local Environmental Health Agencies: This fact sheet was created to provide information to Local Environmental Health Agencies who may want to take voluntary action or educational efforts on kratom and 7-OH in their jurisdictions.
●  Prohibition on the Sale of Kratom and 7-OH Products to Tobacco Retailers: This letter addresses tobacco retailers to educate and inform retailers that kratom and 7-OH products are illegal to sell for consumption and that retailers may be subject to legal actions and enforcement measures.

More information about kratom may be found on CDPH’s website here. Anyone interested in filing a complaint concerning illegal kratom products at an ABC-licensed location can visit ABC’s website. Anyone who finds kratom or 7-OH products for sale for consumption should call the CDPH Complaint Hotline at (800) 495-3232 or submit an electronic report here.