This chapter is enacted pursuant to the city's plenary police powers to protect the public safety, health and welfare. The express purpose of this article is to protect the public health and safety by regulating access to kratom products containing more than 2% of 7-hydroxymitragynine in the alkaloid faction.
(Ord. 1763, 11/12/2025
For purposes of this chapter, the following definitions apply.
"7-OH product"
means a product containing 7-hydroxymitragynine.
"Attractive to children"
means any of the following:
1. 
Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:
a. 
Cartoons, toys, or robots.
b. 
Any real or fictional humans.
c. 
Fictional animals or creatures.
d. 
Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
2. 
Likeness to images, characters, or phrases that are popularly used to advertise to children.
3. 
Limitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.
4. 
The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandee."
5. 
Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children.
6. 
Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children.
7. 
Any other packaging used that is attractive to children considering all relevant facts and circumstances.
"Kratom leaf"
means the leaf of the kratom plant, also known as mitragyna speciosa, in any form.
"Kratom leaf extract"
means the material obtained by extraction of kratom leaves by any means.
"Kratom product"
means a product containing kratom leaf, kratom leaf extract, or both, in any amount.
"Synthesized"
means an alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means (including, but not limited to, fermentation, recombinant techniques, yeast derived, enzymatic techniques), rather than traditional food preparation techniques such as heating or extracting. It also includes alkaloids that has been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.
"Total kratom alkaloids"
means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.
(Ord. 1763, 11/12/2025
A. 
Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age. Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product or 7-OH product shall conduct age-verification to ensure compliance with this subsection.
B. 
Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2% of the total kratom alkaloids in the product.
C. 
Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product that is attractive to children.
D. 
No person, business, or entity shall sell, attempt to sell, offer, provide, or distribute any kratom product that contains or is adulterated with synthesized or semi-synthesized 7-kratom alkaloids or kratom constituents.
(Ord. 1763, 11/12/2025
Any person who violates this chapter is guilty of a misdemeanor offense and upon conviction thereof may be fined up to $1,000 and sentenced up to six months in the county jail. Additionally, any person who violates this chapter is subject to administrative citation in accordance with Chapter 1.04 of this Municipal Code. This section shall be in addition to any other legal remedies or actions that the city may have to address violations of this chapter.
(Ord. 1763, 11/12/2025