TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:
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Second Reading of Ordinance No. 629-26 Prohibiting the Sale and Distribution of Kratom
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ABSTRACT
Council Member DeForest received consensus from City Council to direct staff to present an ordinance banning the sale and distribution of synthetic Kratom and banning the sale and distribution of natural Kratom for anyone under 21 years of age. The City Council considered this on March 3, 2026, and approved the first reading of Ordinance 629-26.
RECOMMENDATION
recommendation
Conduct the second reading and adopt Ordinance No. 629-26 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending the Murrieta Municipal Code by Adding New Chapter 9.40, Regulating the Sale and Distribution of Kratom.
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PRIOR ACTION/VOTE
On December 16, 2025, the Council Member DeForest received consensus from the City Council to direct staff to present an ordinance banning the sale and distribution of Kratom within the City limits.
On January 20, 2026, staff presented the City Council with a proposed ordinance to ban the sale and distribution of Kratom. During that meeting, Mayor Levell introduced a letter from the California Department of Public Health (CDPH) addressing Kratom. It was not initially clear what implications the letter from CDPH had on the legality of the sale of Kratom and the proposed ordinance banning Kratom.
On February 3, 2026, staff presented additional information, making clear that the letter from CDPH concluded that Kratom was not approved as a food additive or supplement. Based on this clarification, staff withdrew its recommendation to refrain from adopting an ordinance banning Kratom as such a ban would be substantially different from the ban of its use as a food additive or supplement. After discussion, the City Council directed staff to continue researching the issue and return at a future date with further analysis and policy options.
On February 17, 2026, Council Members DeForest and Stone proposed a future agenda item including an ordinance for consideration that would prohibit the sale of Kratom to individuals under the age of 21 and prohibiting the sale of any product with synthetic 7-hydroxymitragynine (that generally corresponds to Kratom with greater than 2% of the total alkaloids in the product). The City Council requested that the proposed ordinance be brought forward for formal consideration at its next regular meeting scheduled for March 3, 2026.
On March 3, 2026, the City Council conducted and approved the first reading of Ordinance No. 629-26 with the direction to remove references to possession (Vote: 5-0).
STRATEGIC ALIGNMENT
Provide a high level of innovative public safety.
DISCUSSION
Kratom contains natural chemicals called alkaloids, mainly mitragynine and 7-hydroxymitragynine (7-OH). The concentration of 7-OH in natural Kratom is less than 2%. Kratom products with greater than 2% concentration of 7-OH are enhanced with synthetic 7-OH.
The proposed ordinance is consistent with the consensus that the City Council provided to staff, and also mirrors ordinances passed by the cities of Newport Beach, Huntington Beach, Temecula, and Riverside County. These jurisdictions have adopted similar restrictions, which prohibit the sale of synthetic or enhanced Kratom products to anyone; and restrict natural Kratom to those who are 21 years and older.
PUBLIC NOTICING
The agenda for this meeting was posted at least 72 hours in advance in accordance with the Brown Act. No additional public noticing is required for this item.
CEQA AND REGULATORY OVERVIEW
This item is not a project as defined under Public Resource Code § 21065 and is exempt from CEQA and NEPA.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ATTACHMENTS
ATT 1 - Ordinance No. 629-26