TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:
title
Approval of Ordinance No. 628-26 Prohibiting the Sale, Distribution and Possession of Kratom
end
RECOMMENDATION
recommendation
Conduct the first reading and introduce Ordinance No. 628-26 entitled: An Ordinance of the City Council of the City of Murrieta, California Amending the Murrieta Municipal Code by Adding New Chapter 9.40, Prohibiting the Sale, Distribution, and Possession of Kratom.
body
PRIOR ACTION/VOTE
On December 16, 2025, during requests to add items to a future agenda, Council Member DeForest requested to bring a policy or ordinance banning the sale and distribution of Kratom was made by Council Member DeForest (Consensus received).
CITY COUNCIL GOAL
Foster and promote an engaged, connected and caring community.
DISCUSSION
Kratom is a tropical evergreen tree native to Southeast Asia. Its leaves contain two primary psychoactive alkaloids, mitragynine and 7-hydroxymitragynine. When consumed, kratom can produce stimulant-like effects at lower doses and sedative effects at higher doses.
According to the United States Food and Drug Administration (FDA), kratom has historically been used by individuals to self-treat a range of conditions, including pain, coughing, anxiety, depression, opioid use disorder, and opioid withdrawal. However, kratom has not been adequately studied for safety, nor has it been approved by the FDA for any medical use. There are currently no FDA-approved prescription or over-the-counter drug products containing kratom legally marketed in the United States. The FDA continues to monitor reports of adverse events associated with kratom use. Available studies indicate that kratom’s opioid-like properties may expose users to risks of addiction, abuse, and dependence.
The Drug Enforcement Administration (DEA) has not classified kratom as a controlled substance under the federal Controlled Substances Act but has designated it as a Drug and Chemical of Concern. The DEA has documented cases in which kratom use has been associated with serious psychiatric effects, including psychosis. Individuals with kratom dependence have reported hallucinations, delusions, agitation, and confusion, particularly with high doses or long-term use.
Several states and local jurisdictions have enacted prohibitions on the sale or possession of kratom due to public health and safety concerns. These include the states of Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin, as well as the City of San Diego in 2016, the cities of Newport Beach, Huntington Beach, and the County of Orange in 2025.
At present, kratom is not comprehensively regulated at either the federal or the state level. However, legislation has recently been introduced to list kratom in any form other than its natural plant form as a Schedule 1 drug under the California Uniform Controlled Substances Act.
The intention of this ordinance is to prohibit the sale, distribution, or possession of kratom and other products within the City of Murrieta in recognition of significant health risks associated with the substance; prohibit the sale of any kratom product that is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents; and prohibit the sale or distribution of kratom product to any person in the City.
Penalties for those who violate Murrieta Municipal Code (MMC) §9.40 will be a misdemeanor, which may include a fine of up to $1,000 and/or imprisonment in the County jail for not more than six months. Additionally, the Murrieta Business License of a business illegally selling kratom may be revoked pursuant to MMC §5.04.335.
FISCAL IMPACT
There is no anticipated fiscal impact associated with this report.
ATTACHMENTS
ATT 1 - Ordinance No. 628-26