Kratom Research Institute

News · 2026-08-06

San Diego Sues Owner of 11 Smoke Shops for Selling Banned Kratom, Citing Overdose Deaths

Source: Hoodline

Why it matters

Municipal lawsuits are becoming one of the few enforceable tools against kratom retail while state law catches up. San Diego has had a kratom ban since 2016 but enforcement has been uneven; targeting a single owner across 11 locations signals a shift toward aggressive civil action.

The big picture

California has no statewide kratom ban for adults, pushing cities to use local ordinances and civil enforcement. San Diego's 2016 emergency ordinance made kratom a prohibited substance locally, but compliance has been inconsistent. This lawsuit follows a broader regional crackdown: Oceanside and Orange County have enacted full bans, and a March 2026 joint task force raid seized over 100 pounds of kratom and other substances from four Oceanside shops. State health officials warned last October that concentrated 7-OH products remain widely available in smoke shops despite existing hazard alerts.

Key findings

What they say

San Diego City Attorney's Office attorneys allege the stores' sales 'led to medical emergencies and, in some cases, fatal overdoses,' and are seeking civil penalties of $2,500 per Unfair Competition Law violation.

Bottom line

When states won't act, cities are going to court -- San Diego's civil lawsuit against one of its largest alleged kratom retailers is the most direct enforcement action in California since the DEA moved to schedule 7-OH.