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AB-1088 • 2026

Public health: kratom.

Public health: kratom.

Children Crime Education
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Bains
Last action
2025-06-11
Official status
Referred to Com. on HEALTH.
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Regulating Kratom and Related Products

The bill adds kratom products and products containing 7-hydroxymitragynine to the Sherman Food, Drug, and Cosmetic Law, setting standards for their manufacture, labeling, packaging, and sale.

What This Bill Does

  • Adds kratom products and products with 7-hydroxymitragynine to state food and drug laws.
  • Sets limits on alkaloids in these products.
  • Requires child-resistant packaging and clear labels for these products.
  • Bans selling these products to people under 21 years old.
  • Prohibits making or selling products that attract children.

Who It Names or Affects

  • Manufacturers of kratom and related products
  • Retailers who sell kratom and related products
  • People buying kratom and related products

Terms To Know

Kratom
A plant whose leaves are used to make a substance that can affect how people feel.
7-hydroxymitragynine (7-OH products)
A chemical found in some kratom products.

Limits and Unknowns

  • The bill does not specify the exact alkaloid limits for kratom and related products.
  • It is unclear how local agencies will enforce these new regulations.
  • No state reimbursement is required, but it may affect local budgets.

Bill History

  1. 2025-06-11 California Legislative Information

    Referred to Com. on HEALTH.

  2. 2025-06-03 California Legislative Information

    In Senate. Read first time. To Com. on RLS. for assignment.

  3. 2025-06-02 California Legislative Information

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1876.)

  4. 2025-05-27 California Legislative Information

    Read second time. Ordered to third reading.

  5. 2025-05-23 California Legislative Information

    From committee: Do pass. (Ayes 14. Noes 0.) (May 23).

  6. 2025-05-21 California Legislative Information

    Joint Rule 62(a), file notice suspended. (Page 1627.)

  7. 2025-05-21 California Legislative Information

    In committee: Set, first hearing. Referred to APPR. suspense file.

  8. 2025-05-14 California Legislative Information

    In committee: Hearing postponed by committee.

  9. 2025-04-30 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 29). Re-referred to Com. on APPR.

  10. 2025-04-23 California Legislative Information

    From committee: Do pass and re-refer to Com. on E.S & T.M. (Ayes 16. Noes 0.) (April 22). Re-referred to Com. on E.S & T.M.

  11. 2025-04-22 California Legislative Information

    Re-referred to Com. on HEALTH.

  12. 2025-04-21 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  13. 2025-04-21 California Legislative Information

    Re-referred to Com. on HEALTH.

  14. 2025-04-10 California Legislative Information

    From committee chair, with author's amendments: Amend, and re-refer to Com. on HEALTH. Read second time and amended.

  15. 2025-04-03 California Legislative Information

    In committee: Hearing postponed by committee.

  16. 2025-03-10 California Legislative Information

    Referred to Coms. on HEALTH and E.S & T.M.

  17. 2025-02-21 California Legislative Information

    From printer. May be heard in committee March 23.

  18. 2025-02-20 California Legislative Information

    Read first time. To print.

Official Summary Text

AB 1088, as amended, Bains.
Public health: kratom.
Existing law, the Sherman Food, Drug, and Cosmetic Law, provides for the regulation of various subjects relating to the manufacturing, processing, labeling, advertising, and sale of food, drugs, and cosmetics, under the administration and enforcement of the State Department of Public Health (department) and in accordance with the Federal Food, Drug, and Cosmetic Act. The act generally requires manufacturers, packers, and holders of processed foods to register with the department. A violation of the act is a crime.
This bill would add kratom products and products containing 7-hydroxymitragynine (7-OH products), as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would prescribe specified quantities of alkaloids present in kratom products and 7-OH products and would establish labeling and packaging requirements for those products.
The bill would prohibit the sale of kratom products and 7-OH products to those under 21 years of age. The bill would require the packaging of kratom products and 7-OH products to be child resistant and would prohibit the sale and manufacture of a kratom product or 7-OH product that is attractive to children. By expanding the scope of a crime, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

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