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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Approval of Ordinance No. 629-26 Regulating the Sale or Distribution of Kratom and Synthetic 7-OH
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ABSTRACT
Council Member DeForest received consensus from City Council to direct staff to present an ordinance banning the sale, distribution and possession of synthetic kratom and banning the sale, distribution and possession of natural kratom for anyone under 21 years of age.
City Council reached consensus directing staff to present the attached ordinance after a series of meetings on the topic between December, 2025 and February, 2026.
RECOMMENDATION
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Conduct the first reading and introduce 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, Distribution, and Possession of Kratom and Synthetic 7-OH.
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PRIOR ACTION/VOTE
On December 16, 2025, Council Member DeForest received consensus from City Council to direct staff to present an ordinance banning the sale, distribution and possession of kratom within City limits.
On January 20, 2026, staff presented 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 to staff exactly what implications the letter from CDPH had on the legality of the sale and possession of Kratom and the proposed City Ordinance. The initial analysis led staff to recommend that Council refrain from adopting an 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 substantively different from the ban of its use as a food additive or supplement. After discussion, 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 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 to prohibit the sale of any product with synthetic 7-hydroxymitragynine (that generally corresponds to kratom with greater than 2 percent of the total alkaloids in the product). The Council requested that the proposed ordinance be brought forward for formal consideration at its next regular meeting scheduled for March 3, 2026.
CITY COUNCIL GOALS
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 of Council provided to staff at the February 17, 2026 meeting. The ordinance also mirrors ordinances passed by Newport Beach, Huntington Beach, Temecula, and Riverside County. These jurisdictions have adopted similar rules that prohibit the sale of synthetic or enhanced kratom products to anyone and restrict natural kratom to those who are 21 years and older.
Because 7-OH is naturally present in kratom leaves, a total ban on 7-OH would effectively ban kratom entirely. Instead, the proposed ordinance would prohibit the sale, distribution, or possession of kratom products that contain more than 2% 7-OH. This limit reflects the approximate concentration found in natural kratom leaves. This approach is intended to prevent the sale of synthetic or chemically enhanced products that contain higher concentrations of 7-OH. Staff intends to bring back additional analysis for City Council to consider any broader restrictions related to kratom, consistent with direction provided to staff by the City Council at the February 3, 2026 meeting.
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.
FISCAL IMPACT
There is no fiscal impact associated with this report.
ATTACHMENTS
ATT 1 - Ordinance No.629-26