Regular-Health & Human Services # 30.
Board of Supervisors
Public Health
- Meeting Date:
- 04/14/2026
- Brief Title
- Kratom Briefing
From:
Monica Morales, Director, Health and Human Services Agency
Staff Contact:
Dr. Aimee Sisson, Health Officer, Public Health Branch, Health and Human Services Agency, x8765
Supervisorial District Impact:
Countywide
Subject
Receive a briefing on kratom, including a discussion of its risks, legality, and enforcement landscape. (No general fund impact) (Morales) (Est. Staff Presentation: 10 min)
Recommended Action
Receive a briefing on kratom, including a discussion of its risks, legality, and enforcement landscape.
Strategic Plan Goal(s)
.png) |
Thriving Residents |
Reason for Recommended Action/Background
Kratom is a substance derived from the leaves of a tropical tree that is ingested for its stimulant effects at low doses and pain-relieving effects at higher doses. Kratom contains multiple active ingredients, including mitragynine and 7-hydroxymitragynine, both of which are opioids. Federal agencies, including the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention, have raised concerns regarding risk of dependency and misuse; adverse health effects, including overdose in combination with other substances; product contamination, and lack of manufacturing standards. From 2017-2025, there were 7 deaths in Yolo County involving kratom.
Kratom is not approved by the United States Food and Drug Administration (FDA) as a drug, dietary supplement, or food additive, making the manufacture, distribution, or sale of kratom illegal in the United States, California, and Yolo County. Despite being illegal to sell, confusion over kratom’s legal status and lack of enforcement led to wide availability of kratom products at Yolo County retailers, including smoke shops, gas stations, and convenience stores. Recent actions by Yolo County Public Health, the California Department of Public Health (CDPH), the California Department of Alcoholic Beverage Control, and California Department of Tax and Fee Administration have significantly reduced the availability of kratom at retail locations in Yolo County, but kratom remains widely available online.
Under the California Sherman Food, Drug, and Cosmetic Act, the CDPH Food and Drug Branch (FDB) retains primary authority for regulating packaged foods and dietary supplements. Local environmental health agencies may enforce certain labeling and food safety requirements under other authorities; however, they may only take Sherman Act enforcement actions—such as imposing or removing embargoes, conducting formal hearings, or initiating condemnation or destruction proceedings—if they have been formally granted Sherman Act authority pursuant to Health and Safety Code sections 111020 and 111030. Yolo County Environmental Health has not been granted this authority. As a result, Environmental Health cannot issue mandatory embargoes on adulterated or misbranded products. In these situations, enforcement options are limited to voluntary measures such as voluntary impoundment or voluntary condemnation and disposal (VC&D), whereas CDPH retains authority to impose mandatory embargoes and carry out other statutory enforcement actions.
Kratom products have been widely available at retail locations that sell tobacco and have a tobacco retail license from Yolo County Public Health. Yolo County Public Health staff have observed kratom products at licensed tobacco retailers during their tobacco-related inspections, but do not have the authority to confiscate kratom products. Yolo County Code (Title 6, Chapter 15, Section 6) outlines tobacco retail licensing requirements, but does not contain any provisions related to kratom; kratom is not a tobacco product nor tobacco paraphernalia, nor does it meet the definition of drug paraphernalia (6-15.02(f)).
Several California jurisdictions have passed ordinances restricting kratom and/or 7-hydroxymitragynine products. Although well-intentioned, these ordinances have in some cases created confusion about the legal status of kratom products. A local ordinance is not needed to make kratom illegal to sell in Yolo County, as it’s already an illegal product. A local ordinance, however, could provide authority to take enforcement action against retailers who sell kratom products so that Yolo County does not have to rely on the CDPH Food and Drug Branch’s limited resources.
Any local ordinance regarding kratom should consider the following:
Kratom is not approved by the United States Food and Drug Administration (FDA) as a drug, dietary supplement, or food additive, making the manufacture, distribution, or sale of kratom illegal in the United States, California, and Yolo County. Despite being illegal to sell, confusion over kratom’s legal status and lack of enforcement led to wide availability of kratom products at Yolo County retailers, including smoke shops, gas stations, and convenience stores. Recent actions by Yolo County Public Health, the California Department of Public Health (CDPH), the California Department of Alcoholic Beverage Control, and California Department of Tax and Fee Administration have significantly reduced the availability of kratom at retail locations in Yolo County, but kratom remains widely available online.
Under the California Sherman Food, Drug, and Cosmetic Act, the CDPH Food and Drug Branch (FDB) retains primary authority for regulating packaged foods and dietary supplements. Local environmental health agencies may enforce certain labeling and food safety requirements under other authorities; however, they may only take Sherman Act enforcement actions—such as imposing or removing embargoes, conducting formal hearings, or initiating condemnation or destruction proceedings—if they have been formally granted Sherman Act authority pursuant to Health and Safety Code sections 111020 and 111030. Yolo County Environmental Health has not been granted this authority. As a result, Environmental Health cannot issue mandatory embargoes on adulterated or misbranded products. In these situations, enforcement options are limited to voluntary measures such as voluntary impoundment or voluntary condemnation and disposal (VC&D), whereas CDPH retains authority to impose mandatory embargoes and carry out other statutory enforcement actions.
Kratom products have been widely available at retail locations that sell tobacco and have a tobacco retail license from Yolo County Public Health. Yolo County Public Health staff have observed kratom products at licensed tobacco retailers during their tobacco-related inspections, but do not have the authority to confiscate kratom products. Yolo County Code (Title 6, Chapter 15, Section 6) outlines tobacco retail licensing requirements, but does not contain any provisions related to kratom; kratom is not a tobacco product nor tobacco paraphernalia, nor does it meet the definition of drug paraphernalia (6-15.02(f)).
Several California jurisdictions have passed ordinances restricting kratom and/or 7-hydroxymitragynine products. Although well-intentioned, these ordinances have in some cases created confusion about the legal status of kratom products. A local ordinance is not needed to make kratom illegal to sell in Yolo County, as it’s already an illegal product. A local ordinance, however, could provide authority to take enforcement action against retailers who sell kratom products so that Yolo County does not have to rely on the CDPH Food and Drug Branch’s limited resources.
Any local ordinance regarding kratom should consider the following:
- Prohibit the sale, manufacturing, and distribution of all kratom products
- Do not prohibit possession or use of kratom products
- Authorize administrative enforcement, including seizure of products
- Account for costs, including staff time for enforcement, legal review, and administration
- Account for litigation risks
Staff will provide a briefing on kratom, including a discussion of its risks and legality, and await direction from the Board on local enforcement options.
Collaborations (including Board advisory groups and external partner agencies)
County Counsel
Environmental Health
Environmental Health
Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $
- Amount budgeted for expenditure:
- $
- Additional expenditure authority needed:
- $
- On-going commitment (annual cost):
- $
Source of Funds for this Expenditure
- General Fund
- $0
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Monica Morales | Monica Morales | 04/08/2026 03:32 PM |
| Berenice Espitia | Berenice Espitia | 04/09/2026 09:18 AM |
- Form Started By:
- Jonathan Bartlett
- Started On:
- 03/16/2026 11:10 AM
- Final Approval Date:
- 04/09/2026