This chapter is enacted pursuant to the City's police powers to protect the public safety, health, and welfare. The purpose of this chapter is to protect public health and safety by prohibiting the commercial sale and distribution of kratom and kratom products within the City due to their opioid-like effects, lack of regulatory oversight, and demonstrated risk of abuse, dependence, and adverse health outcomes.
(Ord. 01-26, 1/27/2026)
As used in this chapter, the following words and phrases shall have the meaning given them in this section, unless the context clearly requires otherwise:
"7-OH product"
means any product containing any detectable amount of 7-hydroxymitragynine.
"Distribute"
means to furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain.
"Kratom" or "kratom product"
means any product consisting of, or labeled or marketed as consisting of, any part of the leaf of Mitragyna speciosa in fresh, dehydrated, or dried form; including any extract, isolate, derivative, metabolite, or alkaloid, whether natural, synthetic, or semi-synthetic, regardless of concentration. The term includes any food, dietary ingredient, supplement, tea, gummies, beverage, vaping liquid, smoking wrap, smoking accessories or paraphernalia, and any other substances intended for human consumption or inhalation that contains any part of the leaf of Mitragyna speciosa, or any extract, synthetic alkaloid, or synthetically derived compound of the plant or its leaf. This definition includes, but is not limited to, powders, capsules, pills, teas, gummies, beverages, vape liquids, smoke wraps, smoking accessories or paraphernalia, and any other substances intended for consumption or inhalation.
"Kratom alkaloids"
means any detectable amount of mitragynine, speciociliatine, speciogynine, paynantheine, 7-OH, or any natural, synthetic, or semi-synthetic alkaloid, derivative, isolate, metabolite, or structurally related constituent of Mitragyna speciosa.
"Kratom leaf extract"
means the material obtained by extraction of kratom leaves by any means.
"Kratom leaf"
means the leaf of the kratom plant, also known as mitragyna speciosa, any form.
"Possess for commercial purposes"
means to possess with intent to sell, offer for sale, furnish, exchange, distribute, or otherwise provide in the course of business operations, including display, storage, warehousing, stocking, or holding for sale or distribution.
"Sell" or "sale"
means to furnish, exchange, transfer, deliver, or supply for monetary gain, including, but not limited to, any transfer or title or possession for consideration, exchange, or barter, in any manner or by any means.
"Synthesized"
means an alkaloid or alkaloid derivative or constituent 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 have been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.
(Ord. 01-26, 1/27/2026)
A. 
Except as otherwise preempted by law, it is unlawful for any person, business, tobacco retailer, or other entity to sell, offer for sale, distribute, display, furnish, administer, exchange, give away, or possess for commercial purposes:
1. 
Any kratom or kratom product containing any detectable amount of kratom alkaloids.
2. 
Any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids, ingredients, or constituents.
3. 
Any kratom product whose packaging indicates, implies, advertises, or suggests the presence of kratom or kratom alkaloids.
4. 
Any kratom product whose packaging has had the manufacturer's or distributor's label removed or altered to conceal, disguise, or modify the presence of kratom alkaloids or synthesized or semi-synthesized kratom constituents.
(Ord. 01-26, 1/27/2026)
A. 
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. 
In addition to any other remedy, violations of this chapter may be enforced through administrative, civil, or criminal remedies as authorized by law. Each day a violation continues constitutes a separate violation.
C. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
D. 
Any violation of this chapter may be remedied by a civil action brought by the City Attorney. The City may recover reasonable attorneys' fees and costs of suit in any civil action brought by the City Attorney to remedy any violation of this chapter to the extent permitted by law.
E. 
Violations of this chapter are hereby declared to be public nuisances subject to abatement by the City.
F. 
Nothing in this chapter shall limit the City from pursuing administrative, civil, or criminal citations or to abate public nuisances or violations of this chapter in accordance with the City Code or applicable law. Administrative enforcement may include the issuance of administrative citations pursuant to the City's administrative citation procedures, and nothing in this chapter requires prior notice where immediate enforcement action is necessary to protect public health or safety.
G. 
Kratom or any kratom products, in violation of this chapter may be seized by authorized City personnel and deemed contraband and shall not be returned unless compliance with this chapter is demonstrated.
1. 
Seizures may be appealed through the procedures set forth in this chapter. If not appealed or if upheld after review, seized items shall be destroyed in accordance with Orange Police Department policy and applicable law.
(Ord. 01-26, 1/27/2026)
A. 
Notice of Action. Following the seizure of items prohibited under this chapter, the City Manager or designee shall issue written notice to the responsible person, business, retailer or other entity. The notice shall include:
1. 
The proposed enforcement action.
2. 
A brief summary of the reason(s) and applicable code section(s).
3. 
Instructions for requesting an administrative review.
4. 
The notice shall be served personally or by first-class mail to the last known address of the responsible person or business. If mailed, notice shall be deemed effective three calendar days after deposit in the United States mail.
B. 
Right to Request Review. The appellant person, business, retailer, or other entity may request administrative review by submitting a written request to the City Clerk within 10 calendar days of the notice. The request must include any applicable appeal fee as established by resolution of the City Council. A request is timely only if received by the City Clerk within the 10-calendar-day period. Failure to submit a timely request constitutes a waiver of the right to administrative review and a failure to exhaust administrative remedies.
C. 
Scheduling the Review. Upon receiving a timely request, the City shall schedule an administrative review. The review shall be conducted within a reasonable time, and notice shall be provided to the appellant at least 10 calendar days in advance.
D. 
Hearing Process.
1. 
The hearing shall be conducted by a neutral hearing officer as designated by the City Manager pursuant to the City's administrative hearing procedures.
2. 
Both parties may present evidence, provide written statements or oral testimony, and be represented by legal counsel.
3. 
Formal rules of evidence do not apply, but relevant and reliable evidence will be considered.
4. 
Hearings may be continued for good cause.
E. 
Burden of Proof. The City bears the burden of proving the violation by a preponderance of the evidence.
F. 
Failure to Participate. If the appellant fails to appear or otherwise participate in the hearing, the appeal will be deemed withdrawn and considered a waiver of the right to exhaust administrative remedies.
G. 
Final Decision. The hearing officer shall issue a written decision within a reasonable time following the hearing. The decision shall include findings and be final upon issuance. Judicial review is available under California Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 01-26, 1/27/2026)