Anaheim Municipal Code Ch. 6.105 Kratom

.010 Authority and Purpose. This Chapter is enacted pursuant to the City's plenary police powers to protect public safety, health, and welfare. The express purpose of this Chapter is to protect public health and safety by regulating access to kratom products containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction.

.20 Definitions. For purposes of this Chapter only, the following definitions shall apply.

.0201 "7-OH product" means any product containing 7-hydroxymitragynine.

.0202 "Attractive to children" means any of the following:

.01 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.

.02 Likeness to images, characters, or phrases that are popularly used to advertise to children.

.03 Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children.

.0203 "Kratom leaf" means the leaf of the kratom plant, also known as mitragyna speciosa, in any form.

.0204 "Kratom leaf extract" means material obtained by extraction of kratom leaves by any means.

.0205 "Kratom product" means any product consisting of kratom leaf, kratom leaf extract, or both.

.0206 "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 have been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained within the extract.

.0207 "Total kratom alkaloids" means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.

.030 Prohibition on Sale or Distribution of Kratom and 7-OH Products.

.0301 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.

.0302 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 more than 2 percent of the total kratom alkaloids in the product.

.0303 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.

.0304 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 section 6.105.030.0301 of this Chapter.

.0305 No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.

.040 Packaging of Kratom and 7-OH Products. Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child resistant for the purposes of this Chapter:

.0401 A package that has been certified as child resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.

.0402 Plastic packaging that is at least four mils thick and heat sealed without an easy-open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.

.050 Violations and Penalties. Any person who violates any provision of this Chapter is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the City or County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Alternatively, violations may be addressed through the use of an administrative citation as set forth in Chapter 1.20 (Civil Citations). Use of criminal enforcement and/or civil citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this Chapter. This section of this Chapter shall not serve to limit any other legal remedies or actions that the City may have to address any provisions of this Chapter.

.060 Severability. If any section, paragraph, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof. The City Council hereby declares that it would have adopted this Chapter irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Chapter be enforced. (Ord. 6619 § 1; January 13, 2026.)