A. 
Recreational use of psychoactive bath salts, psychoactive herbal incense, and similar products commonly known as "synthetic drugs" has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism, and death. While state and federal laws and regulations prohibit some synthetic drugs, the makers of these drugs continually alter the composition of the compounds in their products so as to escape the scope of those laws and regulations. The purpose and intent of this chapter is to provide the city with measures to address the dangers to the community posed by synthetic drugs that are not regulated by state or federal law and to protect the health safety and welfare of the community.
B. 
Synthetic drugs are extremely dangerous and are gaining popularity at an alarming rate among high school and college aged individuals, as well as among parolees and probationers. These drugs are widely available in stores throughout the city, despite the state of California's attempt to ban such drugs under Health and Safety Code Sections 11375.5 (banning synthetic stimulant compounds and derivatives) and 11401 (banning "analogs" of controlled substances) (collectively "State Synthetic Drug Laws"), and the federal government's attempt to ban such drugs under the Controlled Substances Act (the "CSA") (21 USC Section 81 et seq.). The city council further finds that the dangers of synthetic drugs, which have been documented to cause hallucinations, agitations, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, require regulation.
C. 
While the State Synthetic Drug Laws and the CSA prohibit certain compounds that are used to create synthetic drugs, they are not comprehensive enough to eliminate the distribution and sale of all synthetic drugs in the city. Specifically, the city council finds that the makers of synthetic drugs continually alter the composition of the compounds in their products so as to not come under the prohibition of the State Synthetic Drug Laws, the CSA, and other law and regulations that attempt to prohibit the sale of synthetic drugs. In fact, products which plainly are being marketed for use as synthetic drugs are now being packaged with advertisements stating that the product does not contain compounds specifically banned by the State Synthetic Drug Laws. Thus the city council finds that in order to implement an effective measure prohibiting the distribution and sale of synthetic drugs, it is necessary to look at all factors related to the sales and marketing of synthetic drugs. These factors will help city officials determine whether a product that does not come under the purview of State Synthetic Drug Laws or the CSA is nevertheless a synthetic drug because it is intended for recreational drug use.
D. 
While the question of whether a given product is being distributed or sold for use as a recreational drug must be determined on a case by case basis, the city council finds that the following evidentiary factors are helpful in determining whether a given product is in fact a synthetic drug:
1. 
Marketing. Synthetic drugs are rarely, if ever, suitable for their marketed uses. For example, a synthetic drug in the form of a powder might be marketed as a "glass cleaner," even though the powder cannot reasonably be used to clean glass.
2. 
Sales Location. Synthetic drugs are typically sold in liquor stores, smoke shops and gas stations, yet synthetic drugs are marketed as products that are not typically sold by these businesses. For example, synthetic drugs are often marketed as bath salts, spice, incense, potpourri, skin treatments, cleaning products and plant food; however, these types of products are typically not sold in liquor stores, smoke shops or gas stations.
3. 
Warning Labels. Synthetic drugs often use warning labels such as: "not for human consumption" and "not for purchase by minors." Bona fide bath salts, incense, cleaning products and the like do not typically bear such labels. Of particular relevance are labels that indicate a given product does not contain chemical compounds banned by State Synthetic Drug Laws, which bona fide bath salts, incense, cleaning products and the like would not have any reason to advertise.
4. 
Price. Synthetic drugs are typically more expensive than products that are used for the synthetic drug's marketed use. For example, a synthetic drug marketed as "glass cleaner" might be priced at fifty dollars for one-eighth of an ounce, while bona fide glass cleaner is priced at approximately five dollars for twenty-six ounces.
5. 
Similarity to Illicit Street Drugs. Synthetic drugs often resemble illicit street drugs or use brand names and packaging that are designed to make the product appear similar to illicit drugs. For example, many synthetic drugs are sold as white powders packaged in vials (resembling cocaine) or dyed green to appear similar to marijuana. Additionally, brand names are often similar to street slang for illicit drugs and have no relation to the products that are purportedly being sold. These brand names are always changing, but include "Eight Ballz," "Spice," "Black Mamba," "K-2," "Puff," "Sugar Sticks," "Green Buddha," "Diablo Botanical Incense," "Scooby Snax," "Potpourri," "Grape Ape Herbal Incense," "Three Monkey Incense," "Mr. And Mrs. Marley," "Cloud 9 Incense," and a group of synthetic drugs marketed as from "The Spice Guy."
E. 
Kratom (Mitragyna speciosa) and products derived from it contain the alkaloids mitragynine and 7-hydroxymitragynine ("7-OH"), with 7-OH being significantly more potent and capable of producing stronger psychoactive effects. Products with elevated concentrations of 7-OH increase the risk of addiction, overdose, and other adverse physical or psychological effects. To address the potential for misuse and the health and safety impacts associated with kratom products, this chapter regulates kratom products.
F. 
An effective way to prevent and abate the health, safety and welfare concerns that exist as a result of the marketing, distribution, and sale of synthetic drugs, kratom, and kratom-derived substances in manners that brazenly seek to circumvent state and federal law is through the administrative, civil, and criminal enforcement procedures set forth in Title 1 of this code. This chapter shall not apply to any activity already regulated by the state synthetic drug laws, the CSA or any other applicable state or federal law or regulation.
(Ord. 16-10 § 1; Ord. 2026-01, 1/27/2026)
As used in this chapter, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this chapter:
"7-OH"
means any natural, enhanced, converted, concentrated, or synthetic form of 7-hydroxymitragynine, whether occurring naturally in kratom or added to a product through chemical or manufacturing processes.
"Business"
shall mean and include professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the city that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator.
"Consume," "consuming" and "consumption"
means to ingest, inhale, inject, smoke or snort (insufflate).
"Distribute," "distributing" and "distribution"
means to furnish, give away, exchange, transfer, deliver or supply, whether for monetary gain or not.
"Kratom leaf"
means the leaf of the kratom plant (mitragynine speciosa) in any form, including fresh, dried, or dehydrated.
"Kratom leaf extract"
means the material obtained by extraction of kratom leaves by any means.
"Kratom product"
means any product consisting of kratom leaf, kratom leaf extract, or both that contains 7-OH in any concentration or any other product containing 7-OH in any concentration.
"Person"
includes any natural person, business, firm, company, corporation, public corporation, club, trust, partnership, association and similar organization.
"Possess," "possessing" and "possession"
means to have for consumption, distribution or sale in one's actual or constructive custody or control, or under one's authority or power, whether such custody, control, authority or power be exercised solely or jointly with others.
"Provide," "providing" and "provision"
means offering to distribute or sell a product or substance to any person.
"Psychoactive bath salts"
means any crystalline or powder product that contains a synthetic chemical compound that, when consumed, elicits psychoactive or psychotropic stimulant effects. The term "psychoactive bath salts" includes, without limitation:
1. 
Products that elicit psychoactive or psychotropic stimulant effects and contain any of the following substances:
a. 
Cathinone (2-amino-1-phenyl-1-propane), 4-methylmethcathinone (2-methyl amino-1-(4-methylphenyl)propan-1-one), 4-methoxymethcathinone (1-(4-methoxyphenyl)-2-(methylamine)propan-1-one), MDPV (methylenedioxypyrovalerone), methylene (3,4-methylenedioxy-N-methylcathinone), methcathinone (2-(methylamino)-1-phenyl-propan-1-one), flephedrone (4-fluoromethcathinone), 3-FMC (3-fluoromethcathinone), ethcathinone (2-ethyl amino-1-phenyl-propan-1-one), butylone ß-keto-N-methylben-zodioxolylbutamine), a-PPP (a-pyrrolidinopropiophenone), MPPP (4-methyl-a-pyrrolidinopropiophenone), MDPPP (3',4'-methylenedioxy-a-pyrrolidinopropiophenone), PVP (1-phenyl-2-(1-pyrrolidinyl)-1-penta-none) or naphyrone (1-naphthalen-2-yl-2-pyrrolidin-1-yl pentan-1-one),
b. 
Any derivative of the above listed compounds,
c. 
Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds,
d. 
Any chemical alteration of the above listed compounds, or
e. 
Any other substantially similar chemical structure or compound; and
2. 
Products that elicit psychoactive or psychotropic stimulant effects and are marketed under any of the following trade names: Bliss, Blizzard, Blue Silk, Bonzai Grow, Charge Plus, Charlie, Cloud Nine, Euphoria, Hurricane, Ivory Snow, Ivory Wave, Lunar Wave, Ocean, Ocean Burst, Pixie Dust, Posh, Pure Ivory, Purple Wave, Red Dove, Scarface, Snow Leopard, Stardust, Vanilla Sky, White Dove, White Night, and White Lightning;
3. 
The term "psychoactive bath salts" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code Sections 11053—11058), regulated by one of the UCSA Synthetic Drug Laws (Health and Safety Code Sections 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 U.S.C. Section 81 et seq.) or approved by the Food and Drug Administration ("FDA").
"Psychoactive herbal incense"
means any organic product consisting of plant material that contains a synthetic stimulant compound that, when consumed, elicits psychoactive or psychotropic euphoric effects. The term "psychoactive herbal incense" includes, without limitation:
1. 
Products that elicit psychoactive or psychotropic euphoric effects and contain any of the following substances:
a. 
Cannabicyclohexanol (2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methylnonan-2-yl) phenol), JWH-018 (naphthalen-1-yl-(1-pentylindol-3-yl) methanone), JWH-073 (naphthalen-1-yl-(1-butylindol-3-yl)meth-anone), JWH-200 (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-1-ylmethanone, HU-210 or 1.1-dime-thylheptyl-11-hydroxy-delta8-tetrahydrocannabinol) (6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c] chromen-1-ol), CP 47, 497 (2-[(1R,3S)-3-hydroxycyclo-hexyl]-5-(2-methyloctan-2-yl) phenol) and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47, 497, AM-2201 (`1-[(5-fluoropentyl)-1H-indol-3-yl]-(naphthalen-1-yl)methanone), 1-pentyl-3-(2-methoxyphenylacetyl)indole (also known as JWH-250), 1-hexyl-3-(1-naphthoyl)indole (also known as JWH-019), 1-pentyl-3-(4-chloro-1-naphthoyl)indole (also known as JWH-398), N-benzylpiperazine (also known as BZP), 1-(3-trifluoromethylphenyl)piperazine (also known as TFMPP),
b. 
Any derivative of the above listed compounds,
c. 
Any synthetic substance and its isomers with a chemical structure similar to the above listed compounds,
d. 
Any chemical alteration of the above listed compounds,
e. 
Any other substantially similar chemical structure or compound, or
f. 
Any other synthetic cannabinoid; and
2. 
Products that elicit psychoactive or psychotropic euphoric effects and are marketed under any of the following trade names: K2, K3, Spice, Genie, Smoke, Potpourri, Buzz, Spice 99, Voodoo, Pulse, Hush, Mystery, Earthquake, Stinger, Ocean Blue, Serenity, Fake Weed, and Black Mamba;
3. 
The term "psychoactive herbal incense" shall not include any product, substance, material, compound, mixture or preparation that is specifically excepted by the California Uniform Controlled Substances Act ("UCSA") (Health and Safety Code Sections 11053—11058), regulated by one of the UCSA Synthetic Drug Laws (Health and Safety Code Sections 11357.5, 11375.5 and 11401), regulated by the Federal Controlled Substances Act (the "CSA") (21 U.S.C. Section 81 et seq.) or approved by the Food and Drug Administration ("FDA").
"Psychoactive or psychotropic euphoric effects"
means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cannabis.
"Psychoactive or psychotropic stimulant effects"
means affecting the central nervous system or brain function to change perception, mood, consciousness, cognition or behavior in ways that are similar to the effects of cocaine, methylphenidate or amphetamines.
"Sell," "selling" and "sale"
mean to furnish, exchange, transfer, deliver or supply for monetary gain.
"Synthetic drug"
includes "psychoactive bath salts" and "psychoactive herbal incense," as those terms are defined in this section.
(Ord. 16-10 § 1; Ord. 2026-01, 1/27/2026)
A. 
It is unlawful for any person to possess, store, provide, distribute or sell any synthetic drug or Kratom product within the city.
B. 
It is unlawful for any person to store, provide, sell or distribute or to permit the storage, provision, sale or distribution of synthetic drugs or Kratom products from any real property owned, possessed, managed or controlled by that person in the city.
C. 
It is unlawful for any person to store, provide, sell or distribute or to permit the storage, provision, sale or distribution of a substance that has been placed on the United States Drug Enforcement Agency watch list or the United States Food and Drug Administration recall or important alert advisory from any real property owned, possessed, managed or controlled by that person in the city.
D. 
The enforcing officer may consider any of the following evidentiary factors to determine if the product is a synthetic drug or Kratom product:
1. 
The product is not suitable for its marketed use (such as crystalline or powder being marketed as "glass cleaner");
2. 
The person or business providing, distributing or selling the product does not typically provide, distribute or sell products that are used for that product's marketed use (such as a liquor store selling "plant food");
3. 
The product contains a warning label that is not typically present on products that are used for that product's marketed use (such as "not for human consumption," "not for purchase by minors" or "does not contain chemicals banned by Health and Safety Code Section 11375.5");
4. 
The product is significantly more expensive than products that are used for that product's marketed use (such as a half of a gram of a substance marketed as "glass cleaner" costing fifty dollars);
5. 
The product resembles an illicit street drug (such as cocaine or methamphetamine or marijuana);
6. 
The product's name or packaging uses images or slang referencing an illicit drug (such as "Eight Ballz" or "Green Buddha");
7. 
The product's name or ingredient can be found on the United States Drug Enforcement Agency watch list or the United States Food and Drug Administration recall or important alert advisory; or
8. 
Merely disclaiming a synthetic drug or Kratom product as "not safe for human consumption" will not avoid the application of this section.
(Ord. 16-10 § 1; Ord. 2026-01, 1/27/2026)
This chapter shall not apply to any of the following:
A. 
Drugs or substances lawfully prescribed or to chemical compounds that have been approved by the Federal Food and Drug Administration or are specifically permitted by state law, including the compounds that are exempt under the California Uniform Controlled Substances Act (Health and Safety Code Section 11000 et seq.).
B. 
Drugs or substances that are prohibited by state or federal law, including, without limitation, the state Synthetic Drug Laws and the Federal Controlled Substances Act.
C. 
Any activity already regulated by the state Synthetic Drug Laws and the Federal Controlled Substances Act.
D. 
Any act that is permitted, prohibited or preempted by any state or federal law or regulation.
(Ord. 16-10 § 1)
A. 
It is a public nuisance for any person to provide, distribute, or sell any prohibited synthetic drug or Kratom product.
B. 
It is a public nuisance for any person to allow the provision, distribution, or sale of any prohibited synthetic drug or Kratom product on property owned, controlled or managed by such person.
C. 
It is a public nuisance for any person to provide, distribute, or sell any substance claimed or represented to be a prohibited synthetic drug or Kratom product.
D. 
It is a public nuisance for any person to allow the provision, distribution, or sale of any substance claimed or represented to be a prohibited synthetic drug or Kratom product on property owned, controlled or managed by such person.
E. 
The storage, provision, sale or distribution of any synthetic drug or Kratom product from any property, structure or building in the city is declared to be a public nuisance.
F. 
In addition to the penalties provided in Section 8.56.070 of this chapter, any property used in violation of any provision of this chapter shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, a preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance, including without limitation, the provisions of Chapter 8.12 of this code. All remedies herein are cumulative and non-exclusive.
(Ord. 16-10 § 1; Ord. 2026-01, 1/27/2026)
A. 
Because the use of synthetic drugs or Kratom products has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, cannibalism and death, any violation of this chapter presents a grave and imminent danger not only to the person consuming the synthetic drug or Kratom product, but also to the public at large. Any police officer who issues a criminal citation under this chapter shall confiscate any synthetic drugs or Kratom products and store them, pending the conclusion of the criminal case.
B. 
Any products or substances possessed, provided, distributed or sold in violation of any provision of this chapter shall be seized and stored in accordance with law.
(Ord. 16-10 § 1; Ord. 2026-01, 1/27/2026)
If a person violates any provision of this chapter, then in addition to any other enforcement action or remedy authorized by this code or other applicable law, such violation may be grounds for modification, suspension, or revocation of any permit, license, or other grant of authority by the city issued to the person, or issued to any business, firm, company, corporation, public corporation, club trust partnership, association, or similar organization owned, controlled, or managed by such person, including, without limitation, the permits issued pursuant to Chapter 5.24 of this code, Licensure of Tobacco Retailers, in accordance with the procedures set forth in this Code or other applicable law.
(Ord. 16-10 § 1)
A. 
Criminal Violation. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and is subject to prosecution pursuant to the provisions of Chapters 1.16 and 1.20 of Title 1 of this code.
B. 
Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Temecula Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.21 of Title 1 of this code.
C. 
Non-Exclusivity. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 of the Temecula Municipal Code and nuisance abatement proceedings.
D. 
Daily Offense. Each person committing, causing, or maintaining a violation of this chapter or failing to comply with the requirements set forth in this chapter shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly.
(Ord. 16-10 § 1)