HomeMy WebLinkAboutOrdinance #4339 ORDINANCE NO. 4339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW
CHAPTER 9.92 THEREOF PROHIBITING THE SALE, DISTRIBUTION AND POSSESSION
OF KRATOM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. WHEREAS, it is the intent of the City Council to prohibit the sale,
distribution, or possession of kratom and other products within the City of Huntington Beach that
contain more than 2% of 7-hydroxymitragynine in the alkaloid fraction, recognizing the
significant health risks associated with elevated concentrations of this alkaloid; and
Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are
often consumed in powdered or extract form for their stimulant and sedative effects; and
The active compounds in kratom include mitragynine and 7-hydroxymitragynine. While
mitragynine is present in higher concentrations, 7-hydroxymitragynine is more potent and is
largely responsible for the stronger pain-relieving, sedative, and euphoric effects; and
7-hydroxymitragynine binds to opioid receptors in the brain and has been shown to have
euphoric and mood-enhancing effects, particularly at higher doses, which can increase its appeal
for recreational use; and
7-hydroxymitragynine is believed to be more potent than morphine in terms of pain
relief. Research has shown that it binds to opioid receptors in the brain with greater affinity than
morphine, making it significantly more powerful in relieving pain. This greater potency raises
significant concerns about its safety profile, especially regarding the potential for addiction,
overdose, and adverse physical and psychological effects, including nausea, vomiting, and
potential psychosis. These risks are compounded when products contain higher concentrations of
7-hydroxymitragynine; and
Scientific research and health advisories have raised concerns over the safety of kratom
products, particularly those with higher concentrations of 7-hydroxymitragynine, which may
increase the potential for abuse and harm to public health; and
Several cities in California have taken steps to regulate or ban kratom products,
recognizing the need to protect public safety, especially among vulnerable populations. For
example,Newport Beach, San Diego, and Oceanside have all enacted a complete ban on the sale,
distribution, and possession of all kratom products - irrespective of the concentration of 7-
hydroxymitragynine content; and
The U.S. Food and Drug Administration has issued several warning letters to various
companies for illegally marketing products containing enhanced levels of 7-
hydroxymitragynine, culminating in a formal request to the Drug Enforcement Administration
25-16974/387632
ORDINANCE NO. 4339
(DEA) on July 29, 2025, to place 7-hydroxymitragynine products on the controlled substance
list; and
The City Council is committed to safeguarding the health and well-being of its residents
by ensuring that products available for sale do not pose undue health risks; and
The City Council wishes to restrict the sale and distribution of kratom and other products
containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction, thereby reducing
potential risks to public health and safety.
SECTION 2. New Chapter 9.92 is added to the Huntington Beach Municipal Code to
read as follows:
"Chapter 9.92 SALE, DISTRIBUTION, AND POSSESSION OF KRATOM
PROHIBITED
§ 9.92.010 Purpose and Intent.
§ 9.92.020 Definitions.
§ 9.92.030 Sale, distribution and possession of kratom prohibited.
§ 9.92.040 Violations and Penalties.
§ 9.92.05Q Severability.
§ 9.92.010 Purpose and Intent.
This article is enacted pursuant to the City's plenary police powers to protect
public safety, health and welfare. The express purpose of this article is to protect
public health and safety by regulating access to kratom and other products
containing more than 2% of 7- hydroxymitragynine in the alkaloid fraction.
§ 9.92.020 Definitions.
For purposes of this article, the following definitions apply.
(a) "Attractive to children" means any of the following:
(1) Use of images that are attractive to children, including, but not limited
to, images of any of the following, except as part of required health warnings:
(A) Cartoons, toys, or robots.
(B) Any real or fictional humans.
(C) Fictional animals or creatures.
(D) Fruits or vegetables, except when used to accurately describe
ingredients or flavors contained in a product.
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ORDINANCE NO. 4339
(2) Likeness to images, characters, or phrases that are popularly used to
advertise to children.
(3) Imitation of candy packaging or labeling, or other packaging and
labeling of cereals, sweets, chips, or other food products typically marketed to
children.
(4) The terms "candy" or "candies" or variants in spelling such as "kandy"
or "kandee.
(5) Brand names or close imitations of brand names of candies, cereals,
sweets, chips, or other food products typically marketed to children.
(6) Any other image or packaging that is easily confused with
commercially available foods that do not contain kratom and are typically
marketed to children.
(7) Any other packaging used that is attractive to children considering all
relevant facts and circumstances.
(b) "Kratom leaf' means the leaf of the kratom plant, also known as mitragyna
speciosa,,any form.
(c) "Kratom leaf extract" means the material obtained by extraction of kratom
leaves by any means.
(d) "Kratom product" means a product consisting of any part of a leaf of the plant
Mitragyna speciosa in fresh, dehydrated, or dried form; or a kratom extract, or any
product that contains any kratom alkaloid or metabolite.
(e) "Total kratom alkaloids" means the sum of mitragynine, speciociliatine,
speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.
(f) "Synthesized" means an alkaloid or alkaloid derivative that has been created
by chemical synthesis or biosynthetic means (including but not limited to;
fermentation, recombinant techniques, yeast derived, enzymatic techniques),
rather than traditional food preparation techniques such as heating or extracting. It
also includes alkaloids that has been further exposed to chemicals or processes
that would confer a structural change in the alkaloids contained within the extract.
§ 9.92.030 Sale, distribution and possession of kratom prohibited.
(a) Except as otherwise authorized by law, an individual, business, or other entity
shall not sell, attempt to sell, offer, provide, or distribute a kratom product to a
person under 21 years of age.
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ORDINANCE NO. 4339
(b) Except as otherwise authorized by law, an individual, business, or other entity
shall not sell, attempt to sell, offer, provide, or distribute any product with a level
of 7-hydroxymitragynine that is greater than 2 percent of the total alkaloids in the
product.
(c) Except as otherwise authorized by law, an individual, business, or other entity
shall not sell, attempt to sell, offer, provide, or distribute a kratom product that is
attractive to children.
(d) Any individual, business, or other entity that sells, attempts to sell, offers,
provides, or distributes a kratom product shall conduct age-verification to ensure
compliance with subdivision (a).
(e)No person or entity shall offer for sale any kratom product that contains or is
adulterated with synthesized or semi-synthesized kratom alkaloids or kratom
constituents.
§ 9.92.040 Violations and Penalties.
Any person who violates section § 9.92.030 is guilty of a misdemeanor and upon
conviction thereof may be punished by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more
than six (6) months or by both such fine and imprisonment. This section shall not
serve to limit any other legal remedies or actions that the City may have to
address violations of§ 9.92.030. A violation of§ 9.92.030 is grounds for a
revocation of a business license, if applicable, pursuant to § 5.08.300 of the
Huntington Beach Municipal Code.
§ 9.92.050 Severability.
If any section, paragraph, sentence, clause, phrase or portion of this article is held
invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed severable and such holding shall not affect the validity of the
remaining portions hereof. The City Council hereby declares that it would have
adopted this article irrespective of the invalidity of any particular portion thereof
and intends that the invalid portions should be severed, and the balance of the
article be enforced.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
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ORDINANCE NO. 4339
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held or\Secr(-Ai4y t- Ire`;'2025
Mayor
REVIEWED AND APPROVED: TTEST
- /
ity Manager City Clerk
INI • El ND APP OVED: APPROVED AS TO FORM:
Police Chief City Attorney ps..1_,
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Ord. No. 4339
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on September 2, 2025, and was again read to said City
Council at a Regular meeting thereof held on September 16, 2025, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams
•
NOES: None
ABSENT: None
ABSTAIN: None
I,Lisa Lane Barnes,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on September 25,2025. /4';(- w'`6
In accordance with the City Charter of said City.
Lisa ane Barnes, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California