San Mateo County Municipal Code Ch. 4.128 Kratom and 7-Hydroxymitragynine (7-Oh)

This Chapter is enacted pursuant to the County's police powers to protect the public safety, health, and welfare, consistent with state and federal law. The purpose of this Chapter 4.128 is to advance the health, safety, and general welfare of the County of San Mateo citizens by eliminating retail access to kratom and 7-Hydroxymitragynine, natural products that can cause significant adverse health effects, including death, in humans who consume them.

(Ord. No. 4918, § 1, 5-5-2026)

For the purposes of this Chapter, the following definitions shall apply:

(a) "7-OH product" means a product containing any detectable amount of 7-hydroxymitragynine.

(b) "Kratom alkaloids" means any detectable amount of mitragynine, speciociliatine, speciogynine, paynantheine, 7-hydroxymitragynine, or any natural, synthetic, or semi-synthetic alkaloid, derivative, isolate, metabolite, or structurally related constituent of Mitragyna speciosa.

(c) "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 thereof, 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.

(d) "Kratom leaf" means the leaf of the kratom plant, also known as Mitragyna speciosa, in any form.

(e) "Person" means any natural person, partnership, cooperative association, limited liability company, corporation, personal representative, receiver, trustee, assignee, or any other entity.

(f) "Synthetic alkaloid" 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. No. 4918, § 1, 5-5-2026)

Except as otherwise authorized by law, it is unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person any kratom product or 7-OH product.

(Ord. No. 4918, § 1, 5-5-2026)

Any violation of this Chapter is hereby declared a public nuisance, subject to all applicable civil, administrative, and criminal remedies and penalties according to the provisions and procedures contained in this Ordinance Code and state law, including, but not limited to, an action for abatement or injunctive relief. All remedies provided herein shall be cumulative and not exclusive.

(Ord. No. 4918, § 1, 5-5-2026)

(a) Any person violating, or causing the violation, of any provision of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a term not exceeding six (6) months, or by both such fine and imprisonment. Every day such violation continues shall constitute a separate offense.

(b) A violation of this Chapter is grounds for revocation of a Tobacco Retailer Permit, in accordance with Section 4.98.290 of Chapter 4.98 of this Ordinance Code.

(c) A violation of this Chapter is grounds for revocation of a license or permit to operate under Title 5 (Business Regulations) of this Ordinance Code, if applicable.

(d) This Chapter shall not be interpreted to limit the applicable civil or administrative remedies available under law. All available enforcement procedures and remedies remain applicable including, but not limited to, administrative fines set forth in Chapter 1.40 of this Ordinance Code or other applicable law.

(Ord. No. 4918, § 1, 5-5-2026)