La Quinta Municipal Code Ch. 5.94 Regulating the Sale and Distribution of Kratom Products

A. The purpose and expressed intent of this chapter is to regulate within the city of La Quinta the sale and distribution of kratom products containing more than two (2) percent of 7-OH in the alkaloid fraction, in order to reduce public health risks associated with unregulated, high-potency, and synthetic kratom. The La Quinta city council recognizes the health risks by these readily accessible products and hereby exercises its authority to regulate kratom products pursuant to Article XI, Section 7 of the California Constitution (among other laws) that authorize the city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

B. Additionally, the purpose and expressed intent of this chapter is to establish a minimum purchase age of twenty-one (21), to establish potency limits, to require retailers to verify age, and to restrict the sale of kratom products that have been synthesized, and to impose criminal and administrative penalties for violations.

(Ord. 628 § 2 (Exh. A), 2-3-2026)

For the purposes of this chapter, the following meanings shall apply:

A. "Common carrier" means a commercial enterprise that holds itself out to the public as offering to transport freight or passengers for a fee.

B. "Distribute" or "distribution" means the transfer, by any person other than a common carrier, of a kratom product at any point from the place of manufacture or thereafter to the person who sells the kratom product to an individual for personal consumption. "Attempt to distribute" means to offer, provide, or sell, with the intent to distribute.

C. "Kratom" or "kratom product" means the leaf of the plant Mitragyna speciosa or any food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the leaf of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such plant its leaf including, but not limited to any power, capsule, pill, beverage, or other edible product intended for human consumption. "Kratom product" includes kratom and any 7-OH product.

D. "Leaf" means any or all parts of the leaf of the Mitragyna speciosa that contains mitragynine of 7-hydroxymitragynine (7-OH).

E. "Sell" or "sale" means any transaction where, for any consideration, ownership of any kratom product is transferred from one (1) person to another, including but not limited to any transfer or title or possession for consideration, exchange, or barter, in any manner or by any means. "Attempt to sell" means to offer, provide, or distribute, with the intent of completing a sale.

F. "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, and yeast derived enzymatic techniques) rather than traditional food preparation techniques such as heating or extracting. "Synthesized" includes alkaloids that have been further exposed to chemicals or processes that would confer a structural change in the alkaloids contained with the extract.

(Ord. 628 § 2 (Exh. A), 2-3-2026)

A. It shall be unlawful for any individual, business, or entity to sell or distribute, or attempt to sell or attempt to distribute, a kratom product to a person under twenty-one (21) years of age.

B. It shall be unlawful for any individual, business, or entity to sell or distribute, or attempt to sell or attempt to distribute, a kratom product with a level of 7-OH that is greater than two (2) percent of the total kratom alkaloids in the product.

C. Any individual, business, or entity that sells or distributes, or attempts to sell or attempts to distribute, a kratom product shall have the obligation to verify, prior to any sale or distribution, the age of any buyer to ensure compliance with this chapter.

D. It shall be unlawful for any individual, business, or entity to sell or distribute, or attempt to sell or attempt to distribute, any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents.

(Ord. 628 § 2 (Exh. A), 2-3-2026)

A. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this code. Each and every kratom product, which exceeds the allowable potency limits established by this chapter, that are part of a sale or distribution prohibited by this chapter, shall constitute a separate violation of this section.

B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction punished by a fine not to exceed $1,000.00, or by imprisonment for a term not exceeding six (6) months, or both.

C. Any sale or distribution, or attempt to sell or attempt to distribute, or any use of real or personal property, or any condition caused or permitted to exist, in violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the city pursuant to Section 731 of the California Code of Civil Procedure, the provisions of Section 1.01.250 (violations public nuisances) (or successor provisions, as may be amended from time to time) of this code, or any other remedy available at law.

D. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceeding or remedies provided by law.

(Ord. 628 § 2 (Exh. A), 2-3-2026)