[HISTORY: Adopted by the City Council of the City of Atlantic City as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-12-2025 by Ord. No. 92-2025]
[Amended 2-18-2026 by Ord. No. 5-2026]
For purposes of this article, the following terms shall have the meanings indicated:
CITY
Means the City of Atlantic City, County of Atlantic, State of New Jersey.
ESTABLISHMENT
Means any place of business, whether fixed or mobile, including but not limited to convenience stores, smoke/vape shops, gas stations, pharmacies, grocery stores, kiosks, seasonal or temporary vendors, licensed mercantile establishments, delivery services, and online sellers that deliver to an address in the City.
KRATOM
Means any part of the plant Mitragyna speciosa, whether growing or not; any derivative, extract, salt, or preparation thereof; and any product containing mitragynine, 7-hydroxymitragynine, or other kratom alkaloids, whether natural or synthetic, in any concentration.
KRATOM PRODUCT
Means any food, beverage, powder, capsule, tablet, resin, gum, tincture, tea, smokeable product, aerosolizable/liquid solution, or other item intended for human consumption or use that contains kratom.
PERSON
Means any natural person, corporation, partnership, limited-liability company, association, trust, or other legal entity, as well as owners, managers, operators, employees, and agents thereof.
SELL, SALE, OFFER FOR SALE, DISTRIBUTE, or DELIVER
Includes any transfer, exchange, barter, gift in connection with any purchase, furnishing, advertising, displaying for sale, taking orders for delivery to a location within the City, or otherwise making available for consideration.
SYNTHETIC KRATOM
Means any chemically synthesized, semi synthetic, or artificially manufactured substance, compound, or product that contains mitragynine, 7-hydroxy mitragynine, or any analog thereof and that is not naturally extracted from the Mitragyna speciosa plant.
[Amended 2-18-2026 by Ord. No. 5-2026]
A. 
It shall be unlawful for any person or establishment to sell, offer for sale, distribute, deliver, or possess with intent to sell any synthetic kratom or synthetic kratom product within the City.
B. 
It shall be unlawful for any person or establishment to advertise, market, or display any synthetic kratom or synthetic kratom product for sale within the City.
C. 
No establishment shall accept, fulfill, or arrange for delivery of any synthetic kratom or synthetic kratom product to an address located within the City, including sales initiated online or by telephone.
D. 
It shall be unlawful for any person or establishment to sell, offer for sale, distribute, deliver, or furnish any kratom product, whether natural or synthetic, to any person under the age of 18 years of age.
A. 
A violation of this article shall constitute a violation of any mercantile or business license issued by the City to the establishment.
B. 
In addition to any other penalties, the City's licensing authority may suspend or revoke the mercantile or business license of any establishment that violates this article.
C. 
Each day of a continuing violation shall constitute a separate offense for purposes of license action and penalties.
A. 
This article shall be enforced by the Atlantic City Police Department, the Department of Licensing and Inspections, and any other City officials designated by the Business Administrator.
B. 
Enforcement officials are authorized to conduct inspections of establishments during normal business hours to ensure compliance, consistent with applicable law.
A. 
Any person or establishment that violates any provision of this article shall, upon conviction in the Atlantic City Municipal Court, be subject to one or more of the following, in the discretion of the Court, consistent with N.J.S.A. 40:49-5 and other applicable law:
(1) 
A fine of not less than $250 and not more than $2,000 per offense; and/or
(2) 
Imprisonment for a term not exceeding 90 days; and/or
(3) 
Community service for a period not exceeding 90 days.
B. 
For businesses, civil penalties may be imposed per item and per day of violation. Product seizure and condemnation may be pursued where authorized by law.
C. 
Penalties under this section are cumulative and in addition to license suspension or revocation under § 160-3.
When permitted by law, Enforcement Officials may seize kratom or kratom products offered or possessed for sale in violation of this article. Upon final order of the Municipal Court or other court of competent jurisdiction, such products may be forfeited and disposed of in a safe manner.
Any license action taken under this article may be appealed in accordance with the procedures set forth in the City Code and applicable law.
A. 
This article shall be construed so as not to conflict with any applicable state or federal law or regulation.
B. 
If the State of New Jersey hereafter enacts a comprehensive regulatory scheme expressly preempting local regulation of kratom, the conflicting provisions of this article shall be deemed inoperative to the extent of such conflict, without affecting the remainder of this article.
If any section, subsection, paragraph, sentence, clause, or phrase of this article shall be declared invalid by a court of competent jurisdiction, such decision shall not affect the remaining provisions, which shall remain in full force and effect.
This article shall take effect upon final passage and publication as required by law. Establishments shall have 30 days from the effective date to remove from sale, return to supplier, or otherwise lawfully dispose of any kratom or kratom products in their inventory.