Murrieta Municipal Code Ch. 9.40 Regulation of the Sale and Distribution of Kratom

This chapter shall be known as the “Kratom Regulation Ordinance” and may be so cited. (Ord. 629-26 § 1 (part), 2026)

It is the purpose of these regulations to aid in the reduction of the consumption of kratom, as the purported effects include addiction, psychosis, and other physical ailments, and recent studies have found an increase in use by those under the age of 18. The city desires to restrict the consumption of (a) kratom by people under the age of 21 years of age and (b) 7-hydroxymitragynine, where state law and current city regulations are silent, in furtherance of creating a safer community. (Ord. 629-26 § 1 (part), 2026)

For purposes of this chapter, the following definitions apply.

“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 fictitious humans.

c. Fictional or real 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. Imitation 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 of the 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 consisting of any part of a leaf of the plant Mitragyna speciosa in fresh, dehydrated, or dried form; or a kratom extract, or any product that contains any kratom alkaloid or metabolite.

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

“Synthesized” means an 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. (Ord. 629-26 § 1 (part), 2026)

A. It is unlawful to sell, attempt to sell, or offer, provide, or distribute, directly or indirectly, any kratom product to a person under 21 years of age.

B. It is unlawful to sell, attempt to sell, offer, provide, or distribute any product with a level 7-hydroxymitragynine that is greater than 2% of the total alkaloids in the product.

C. It is unlawful to sell, attempt to sell, offer, provide, or distribute a kratom product or a product containing 7-hydroxymitragynine that is attractive to children.

D. Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product shall conduct age verification to ensure compliance with subdivision A.

E. It is unlawful to offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents. (Ord. 629-26 § 1 (part), 2026)

Each violation of Section 9.40.040 shall constitute a separate offense and shall be treated as an infraction or a misdemeanor, at the discretion of the City Attorney, pursuant to the provisions of Murrieta Municipal Code Section 1.32.010 except as provided by state law. (Ord. 629-26 § 1 (part), 2026)

If any section, paragraph, sentence, clause, phrase, or portion of this chapter is held invalid or unconstitutionally by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions thereof. The City Council hereby declares that it would have adopted this chapter irrespective of an invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the remaining chapter be enforced. (Ord. 629-26 § 1 (part), 2026)