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San Mateo County Kratom Ban: Board of Supervisors Introduces Blanket Ban — Act Now

SAN MATEO COUNTY KRATOM BAN: BOARD OF SUPERVISORS INTRODUCES BLANKET BAN — ACT NOW

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San Mateo County Kratom Ban: Board of Supervisors Introduces Blanket Ban — Act Now

The San Mateo County Board of Supervisors will hold a hearing on the proposed kratom ban this Tuesday, May 5. In-person and remote participation are both available. Attending in person is the most powerful action — but everyone can participate. Here's what you need to know and exactly how to make your voice heard before it's too late.

Take Action Now

Can't Attend in Person? Join Remotely

Submit Written Public Comments

  • 📧 Email: boardfeedback@smcgov.org — indicate the specific agenda item

  • Deadline: Monday, May 4 by 5:00 PM PST

San Mateo County Board of Supervisors — Call and Email Individually

  • Supervisor Jackie Speier — (650) 363-4571 | SMCSupSpeier@smcgov.org

  • Supervisor Noelia Corzo — (650) 363-4568 | ncorzo@smcgov.org

  • Supervisor Ray Mueller — (650) 363-4569 | SMC_SupMueller@smcgov.org

  • Supervisor Lisa Gauthier — (650) 363-4570 | SMC_SupGauthier@smcgov.org

  • Supervisor David Canepa — (650) 363-4572 | dcanepa@smcgov.org

What to Say

Write in your own words. Use these points as a guide:

  • You are opposing the proposed blanket ban on kratom in San Mateo County

  • Follow the lead of other California municipalities and adopt smart regulation modeled after AB 1088 — 21+ age restrictions, clear labeling, and mandatory product safety testing

  • Regulate kratom, don't ban it

  • The ordinance makes no meaningful distinction between natural kratom leaf and dangerous synthetic 7-OH concentrates — that distinction matters enormously

  • The FDA Commissioner himself has stated: "Our focus is not on natural kratom which has been consumed for centuries." Their focus is exclusively on concentrated synthetic 7-OH

  • Share your personal story — how natural kratom has positively impacted your life

What the Proposed Ordinance Would Do

Chapter 4.128 of the San Mateo County Ordinance Code would make it unlawful for any person to sell, offer, distribute, or otherwise provide any kratom product or 7-OH product in unincorporated San Mateo County. The definition of "kratom product" is sweeping, covering powders, capsules, pills, teas, gummies, beverages, vape liquids, and any other substance intended for consumption that contains any part of the Mitragyna speciosa plant — natural, synthetic, or semi-synthetic.

The penalties are serious:

  • Criminal misdemeanor — fines up to $1,000 and up to six months in county jail, with every day of continued violation constituting a separate offense

  • Tobacco retail permit revocation — local businesses found in violation risk losing their county-issued tobacco retail permits

  • License revocation — other county-issued business licenses may also be revoked

The ordinance was introduced at the April 21 Board of Supervisors meeting and the reading was waived in its entirety, meaning it passed its first reading without being read aloud or subject to extended public debate. Tuesday's hearing is the opportunity for public input before a final vote.

Why the Ordinance Gets It Wrong

The ordinance's own text acknowledges that 7-OH "occurs naturally in small amounts in kratom leaves" — yet it bans all kratom products equally, regardless of whether they contain natural leaf or synthetically concentrated 7-OH. That is precisely the distinction that federal authorities have drawn a clear line on.

The FDA has been explicit: concentrated 7-OH products are far more dangerous than traditional kratom leaf products. Commissioner Makary stated in his letter to colleagues: "These concentrated 7-OH opioid products are far more dangerous than traditional kratom leaf products." Their focus is on the synthetic concentrates — not the natural plant. The AHPA has similarly warned against conflating 7-OH with natural kratom. As research discussed on the Huberman Lab podcast and confirmed by an FDA study makes clear, these are fundamentally different products.

A blanket ban that treats natural kratom leaf the same as concentrated synthetic opioids does not follow the science. It ignores it.

San Mateo vs. AB 1088 — Two Very Different Approaches

While San Mateo County has opted for a total ban, California's proposed AB 1088, the Kratom Consumer Protection Act, takes a fundamentally different approach:


San Mateo County (Chapter 4.128)

California AB 1088 (Proposed)

Primary Goal

Complete ban on sales and distribution

Regulation and consumer protection

Age Limit

N/A — total ban

Prohibits sales to anyone under 21

7-OH Content

Bans all products with detectable 7-OH

Limits 7-OH to specific alkaloid ratios

Requirements

Removal from all store shelves

Strict labeling, packaging, and registration

Preemption

Currently active locally

Could preempt local bans if passed

If AB 1088 passes with preemption language, it could override the San Mateo County ordinance — which the ordinance itself acknowledges. In the meantime, the county has chosen the most restrictive path available.

How San Mateo Compares to Other California Municipalities

San Mateo County's proposed ban stands in contrast to municipalities that have chosen regulation:

  • Los Angeles County — Moving to restrict sales and exploring similar bans

  • Fresno County/City — Working toward retail bans citing lack of FDA oversight

  • San Diego — Has had a long-standing ban on the sale and possession of kratom since 2016

  • Palm Desert, Anaheim, Orange County, Riverside County, Huntington Beach — Have chosen smart regulation consistent with AB 1088 and federal guidance

San Mateo is the first Bay Area county to pursue this ban, and officials expect neighboring jurisdictions may follow suit. That makes consumer pushback at Tuesday's hearing especially important.

The Right Path Forward

The Kratom Consumer Protection Act, adopted in 18 states, is the proven framework for addressing legitimate public health concerns without criminalization. It combines lab testing requirements, age restrictions, clear labeling, and limits on synthetic alkaloids. It targets the products that pose real risks while keeping natural kratom accessible to responsible adults. AB 1088 reflects that same approach. A blanket ban does not.

The Bigger Picture

Local bans set local precedent, and that precedent matters. Counties and municipalities that have chosen regulation over prohibition have consistently produced better outcomes for consumers and public health alike. Tuesday's hearing is the opportunity to make that case directly to the Board.

Attend in person if you can. Join via Zoom if you cannot. Submit written comments to boardfeedback@smcgov.org by Monday, May 4 at 5:00 PM. For the latest on kratom legality in California and other states, visit our kratom legality map.