California 20252026 Regular Session Status: Passed Assembly 1 D cosponsors

AB 1088 — Public health: kratom.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the Assembly. Introduced February 20, 2025. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Advancing 48% · moderate confidence

Where this bill stands today.

Odds of enactment

Moderate

How often bills like it became law.

  • Passed Assembly

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

In plain language

The bill regulates kratom products under public health laws.

This bill adds kratom products to existing food and drug laws in California, requiring registration and imposing sales restrictions. It also introduces a tax on kratom purchases to fund public health initiatives.

What this means for you
  • Workers: People employed in the kratom industry may face new registration and compliance requirements.
  • Families: Families should note the age restrictions on kratom sales to protect minors.
  • Consumers: Consumers will need to be aware of age restrictions and higher costs due to the new tax on kratom products.

Summary

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, as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would require a processor, as defined, to register with the department and to annually register each kratom product it manufactures, packages, distributes, or labels, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products to those under 21 years of age and would prohibit the sale or distribution of those products at a premise or on an internet website or application that permits a person under 21 years of age to enter and remain or to complete the purchase of any product. The bill would prohibit the sale or distribution of a kratom product that has a child-attractive flavor, as defined. The bill would authorize the department to deny, suspend, or revoke a registration for actions taken in violation of these provisions. By expanding the scope of a crime, the bill would create a state-mandated local program. This bill would require a purchaser of a kratom product to pay a tax on the purchase for use in this state of a kratom product from a retailer of 15% of the sales price from the sale of a kratom product. The bill would require a retailer to collect the tax from the purchaser at the time of the retail sale. The bill would require all revenues, interest, and penalties, less refunds, collected from the tax described above to be deposited into the Kratom Products Public Health and Safety Fund, a continuously appropriated fund created by the bill, and would require all amounts in the fund to be distributed to the University of California Kern County Medical Education Endowment Fund, the Board of State and Community Corrections, the Primary Care Account, and the Specialty Care Account, among others. By creating a continuously appropriated fund and allocating additional moneys to continuously appropriated funds, the bill would make an appropriation. The bill would provide for the administration and collection of this tax pursuant to procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose 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.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Re-referred to Coms. on HEALTH and REV. & TAX.

  3. In committee: Hearing postponed by committee.

  4. Withdrawn from committee.

  5. Re-referred to Com. on RLS.

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

  7. Referred to Com. on HEALTH.

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

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

  10. Read second time. Ordered to third reading.

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

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

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

  14. In committee: Hearing postponed by committee.

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

  16. 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.

  17. Re-referred to Com. on HEALTH.

  18. Re-referred to Com. on HEALTH.

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

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

  21. In committee: Hearing postponed by committee.

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

  23. From printer. May be heard in committee March 23.

  24. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1088 Bains Assembly Third Reading

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 58001
Republican 17002
Unaffiliated 1000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Ávila Farías — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Ahrens, Patrick Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Caloza, Jessica Democratic Yea
Carrillo, Juan Democratic Yea
Connolly, Damon Democratic Yea
Elhawary, Sade Democratic Not Voting
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Garcia, Robert Democratic Yea
Gipson, Mike A. Democratic Yea
González, Mark Democratic Yea
Haney, Matt Democratic Yea
Harabedian, John Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Krell, Maggy Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Patel, Darshana R. Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Ransom, Rhodesia Democratic Yea
Rivas, Robert Democratic Yea
Rodriguez, Celeste Democratic Yea
Rodriguez, Michelle Democratic Yea
Rogers, Chris Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Schultz, Nick Democratic Yea
Sharp-Collins, LaShae Democratic Yea
Solache, Jr., José Luis Democratic Yea
Soria, Esmeralda Democratic Yea
Stefani, Catherine Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Castillo, Leticia Republican Yea
Chen, Phillip Republican Yea
Davies, Laurie Republican Yea
DeMaio, Carl Republican Yea
Dixon, Diane Republican Yea
Ellis, Stan Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Gonzalez, Jeff Republican Yea
Hadwick, Heather Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Not Voting
Macedo, Alexandra Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Tangipa, David J. Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 11000
Republican 3001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Arambula, Joaquin Democratic Yea
Calderon, Lisa Democratic Yea
Caloza, Jessica Democratic Yea
Elhawary, Sade Democratic Yea
Fong, Mike Democratic Yea
González, Mark Democratic Yea
Hart, Gregg Democratic Yea
Pacheco, Blanca Democratic Yea
Pellerin, Gail Democratic Yea
Solache, Jr., José Luis Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Not Voting
Ta, Tri Republican Yea
Tangipa, David J. Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Environmental Safety and Toxic Materials]

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 12000
Republican 4000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Carrillo, Juan Democratic Yea
González, Mark Democratic Yea
Krell, Maggy Democratic Yea
Patel, Darshana R. Democratic Yea
Rodriguez, Celeste Democratic Yea
Rogers, Chris Democratic Yea
Schiavo, Pilar Democratic Yea
Sharp-Collins, LaShae Democratic Yea
Stefani, Catherine Democratic Yea
Chen, Phillip Republican Yea
Flora, Heath Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Subjects

taxation healthcare
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Frequently asked questions

What does AB 1088 do?
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, as defined, to the Sherman Food, Drug, and Cosmetic Law. The bill would require a processor, as defined, to register with the department and to annually register each kratom product it manufactures, packages, distributes, or labels, which would include certification by a laboratory specifying that the product meets certain qualifications. The bill would establish labeling and packaging requirements for those products. The bill would prohibit the sale of kratom products to those under 21 years of age and would prohibit the sale or distribution of those products at a premise or on an internet website or application that permits a person under 21 years of age to enter and remain or to complete the purchase of any product. The bill would prohibit the sale or distribution of a kratom product that has a child-attractive flavor, as defined. The bill would authorize the department to deny, suspend, or revoke a registration for actions taken in violation of these provisions. By expanding the scope of a crime, the bill would create a state-mandated local program. This bill would require a purchaser of a kratom product to pay a tax on the purchase for use in this state of a kratom product from a retailer of 15% of the sales price from the sale of a kratom product. The bill would require a retailer to collect the tax from the purchaser at the time of the retail sale. The bill would require all revenues, interest, and penalties, less refunds, collected from the tax described above to be deposited into the Kratom Products Public Health and Safety Fund, a continuously appropriated fund created by the bill, and would require all amounts in the fund to be distributed to the University of California Kern County Medical Education Endowment Fund, the Board of State and Community Corrections, the Primary Care Account, and the Specialty Care Account, among others. By creating a continuously appropriated fund and allocating additional moneys to continuously appropriated funds, the bill would make an appropriation. The bill would provide for the administration and collection of this tax pursuant to procedures set forth in the Fee Collection Procedures Law. By expanding the application of the Fee Collection Procedures Law, the violation of which is a crime, this bill would impose 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.
Who sponsors AB 1088?
AB 1088 is sponsored by Bains, Jasmeet (Democratic).
What is the current status of AB 1088?
This bill has passed the Assembly. Introduced February 20, 2025. It now moves to the second chamber.
Where can I track AB 1088?
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