Kratom and 7-OH Products: Why ABC Licensees Must Keep Them Off the Shelves

Updated November 8, 2026. This article was first written on September 1, 2026, as a shelf and counter review for ABC licensees eight months after ABC’s January warning about kratom and 7-OH products. It describes the guidance as it stood then. Later developments are kept separate in the “Current context” section near the end. It is general information, not legal advice.

A product category that does not belong on licensed shelves

In January 2026, the Department of Alcoholic Beverage Control told its licensees, in plain terms, to stop selling kratom and 7-OH products. On January 15, ABC issued an industry advisory, “Warning to ABC Licensees Concerning Illegal Kratom, 7-OH Products,” stating that “ABC licensees must cease sales of these products and remove them from shelves immediately.” The next day, ABC announced a compliance education effort ahead of enforcement.

Eight months later, the warning is still worth repeating. New products arrive through new distributors, store staff change, and items marketed as “botanical” drinks or wellness shots can slip onto a counter display without anyone in management noticing. This guide is a practical review for convenience stores, liquor stores, markets, bars, and restaurants that hold ABC licenses.

What kratom and 7-OH are

ABC’s advisory describes kratom as coming from plants native to Southeast Asia, and 7-OH as the derivative 7-hydroxymitragynine. According to the advisory, these products “have recently been appearing for sale in California business establishments, often marketed as dietary supplements, drinks, or gummies.” ABC, citing the California Department of Public Health, says such products pose opioid-like addiction and overdose risks.

The January 16 release goes further. It calls them “potent opioid products” that, according to CDPH, “may lead to addiction, serious harm, overdose, and death.” It lists side effects including withdrawal symptoms, insomnia and anxiety, seizures, and fatal respiratory depression. It also says that claims these products can treat pain, anxiety, and opioid withdrawal “are unproven.”

Why the products are illegal

ABC’s advisory states that “foods, dietary supplements, and medical drugs containing kratom and 7-OH are illegal to sell or manufacture” in California. It points to a statewide consumer warning CDPH issued on October 24, 2025, declaring those products dangerous and illegal to sell or manufacture in the state.

The release explains the legal basis. Under the Sherman Food, Drug and Cosmetic Act, known as the Sherman Law, CDPH has authority over adulterated or misbranded foods, drugs, medical devices, and cosmetics. According to the release, “food and dietary supplements containing kratom and/or 7-OH are adulterated pursuant to federal and state law.” The release also says neither illegal kratom nor 7-OH products “can lawfully be marketed in the United States as a drug product, dietary supplement, or food additive.”

The release reports that CDPH had seized more than $5 million worth of kratom and 7-OH products by that time, and that the enforcement effort is coordinated with CDPH and the California Department of Tax and Fee Administration.

What is at stake for a licensee

The consequences are spelled out in both documents. The advisory says licensees that violate the prohibition “will be subject to administrative disciplinary action which may result in the suspension or revocation of their ABC license.” The release adds that licensees who do not comply “could face criminal and administrative penalties.”

For a store or bar, the risk is out of proportion to the revenue. A small display of shots or capsules can put the whole alcohol license in jeopardy.

ABC’s track record with hemp

ABC has done this before. The release describes the department’s work removing illegal hemp products after an emergency regulation. Since October 2023, according to ABC, its agents have conducted nearly 17,000 individual site visits and removed 7,357 illegal products from shelves, and more than 99 percent of sites visited were in compliance. ABC notes that most violations came in the three months right after the emergency regulation took effect.

Director Paul Tupy drew the connection directly: “We saw overwhelming compliance with illegal hemp products and fully expect to see the same with these products.” Our article on hemp THC products and ABC licensees covers that earlier effort.

The lesson from hemp is that ABC agents visit in large numbers, they look at shelves, and the department expects licensees to clear problem products quickly. A store that missed the January warning should not assume it will be missed by an agent.

A shelf audit, step by step

1. Walk every display. Include counter racks near the register, energy drink coolers, the supplement shelf, and any “wellness” section.
2. Read labels. Look for kratom, mitragynine, 7-hydroxymitragynine, or 7-OH in ingredient lists or product names.
3. Check back stock. Storage rooms and delivery cartons count too. Products that have not reached the shelf can still be found.
4. Review invoices. Identify which vendors supplied any suspect products and stop ordering from those product lines.
5. Remove and document. Pull products from sale, record what was removed and when, and follow any instructions from CDPH or the supplier about disposal or return.
6. Repeat monthly. New items arrive constantly. Make the audit part of a regular routine.

Receiving and vendor controls

Many problem products enter a store through a delivery that no one checks closely. A receiving policy can stop that:

• Only managers or trained staff should accept deliveries of new products.
• New items from any vendor should be approved by a manager before going on display.
• Vendors should be told in writing that the store does not accept kratom or 7-OH products.
• Staff should know that “botanical,” “herbal,” or “natural” on a label does not mean a product is legal.

Why this is a responsible service issue

Responsible beverage service training focuses on alcohol, but its core idea is broader: the person behind the counter has a duty not to sell products that endanger customers. Products that CDPH describes as carrying opioid-like overdose risk belong in that conversation.

Combinations matter too. Mixing alcohol with other depressants can increase risk, and on-premises staff may see guests who have used other substances before or during a visit. Our article on alcohol and cannabis cross-intoxication covers signs that a guest may be affected by more than alcohol, and our guide to opioid overdose response and naloxone explains what staff can do in an emergency.

Staff talking points

Clerks and bartenders may be asked for these products by regular customers. A short script helps:

• “We don’t carry kratom or 7-OH products. They’re illegal to sell in California.”
• If a customer pushes back, refer them to a manager.
• Do not suggest another store or product.

Managers should support staff who refuse. A clear store policy makes the conversation easier.

Reporting

ABC’s release says anyone interested in filing a complaint about illegal kratom products at an ABC-licensed location can visit ABC’s website. It also says 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.

Licensees who discover the products from a distributor may want to report the source. Doing so documents the store’s good faith and helps regulators trace supply.

Federal and state agencies are moving in the same direction

ABC’s advisory notes that the federal government has also taken steps to address dangers associated with kratom products, including FDA warnings to producers and health care professionals and public safety notices. The January release describes a wider state effort as well. It says CDPH continues to remove products and raw materials containing kratom or 7-OH from retail facilities and manufacturing locations, and it links to two CDPH documents: a fact sheet for local environmental health agencies and a letter to tobacco retailers explaining that kratom and 7-OH products are illegal to sell for consumption.

For a licensee, the practical point is that more than one agency may be looking. A convenience store that also holds a tobacco retailer license, for example, could hear about these products from several regulators. The safest course is the same in every case: do not stock them.

If an agent visits

ABC’s hemp effort showed that site visits are routine. A visit is easier to handle when the store is prepared:

• Keep the shelf audit log where a manager can find it quickly.
• Make sure every shift has someone who knows the store’s policy on kratom and 7-OH.
• Cooperate with the agent and avoid guessing about product contents. If staff are unsure about an item, they should say so and let a manager respond.
• Follow any instruction to remove a product, and record what was removed.
• After the visit, review how the product got onto the shelf and fix the receiving process.

A documented, consistent compliance routine will not excuse a violation, but it shows that the business takes the obligation seriously and helps prevent repeat problems.

Common questions

Our product is labeled as a supplement. Is that different? No. ABC’s advisory says dietary supplements containing kratom or 7-OH are illegal to sell in California.

Is a warning enough, or will ABC take action right away? ABC paired its education campaign with a promise of strong enforcement against businesses that continue to sell. Do not wait for a visit.

What if we sell only a few units? Volume does not change the prohibition, and the license is still at risk.

Do bars and restaurants need to worry? Any ABC licensee is covered. A bar or restaurant that sells shots, gummies, or supplements at the counter should check them too.

A September checklist

1. Complete a full shelf and back-stock audit for kratom and 7-OH products.
2. Document all removed products.
3. Send written notice to vendors that these products are not accepted.
4. Train staff on the talking points and the reason for the policy.
5. Add the audit to monthly manager routines.
6. Post the CDPH hotline number in the back office.

Current context as of November 8, 2026

As of this update, ABC’s Industry Advisories page continues to list the January 15, 2026 kratom and 7-OH warning. ABC notes that archived advisories may not reflect the current state of a statute or regulation, so licensees should check the latest CDPH and ABC guidance before relying on any older document.

The bottom line

ABC told licensees in January 2026 to remove kratom and 7-OH products immediately, and it backed that with an enforcement campaign modeled on its hemp work. Audit the shelves, control what comes through the back door, train staff to say no, and treat these products as a threat to both customers and the license.

Sources

1. ABC Industry Advisory: Warning to ABC Licensees Concerning Illegal Kratom, 7-OH Products (Jan. 15, 2026)
2. ABC: Compliance Education Effort Before Illegal Kratom Product Enforcement (Jan. 16, 2026)
3. ABC Industry Advisories (current note)

This article is general information, not legal advice.