REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Shannon Levin, Council Policy Analyst and Kevin Johnson, Captain
Subject:
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Approve for Introduction Ordinance No. 4339 Prohibiting the Sale, Distribution and Possession of Kratom
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Statement of Issue:
At the request of Council Woman Gracey Van Der Mark, the Huntington Beach City Council, at its August 19, 2025, meeting, directed staff to prepare an ordinance prohibiting the sale and distribution of Kratom within the City. The City Council voted unanimously in support of bringing the ordinance forward for consideration.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
Approve for introduction Ordinance No. 4339 "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 9.92 Thereof Prohibiting the Sale, Distribution and Possession of Kratom."
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Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Kratom is a tropical tree native to Southeast Asia. Its leaves contain psychoactive compounds, including mitragynine and 7-hydroxymitragynine, which can produce stimulant effects at low doses and sedative effects at high doses. According to the Drug Enforcement Administration (DEA) and the National Institutes of Health (NIH), Kratom use has been associated with a range of adverse health impacts, including psychotic symptoms, dependence, and numerous side effects such as nausea, vomiting, sweating, constipation, tachycardia, seizures, hallucinations, and hepatotoxicity.
Although Kratom is often marketed for relief of pain, anxiety, opioid withdrawal, and fatigue, there are no FDA-approved medical uses for the substance. The FDA continues to monitor reports of adverse events, and current data suggests Kratom's opioid-like properties may expose users to risks of addiction, abuse, and dependence.
Several states and local jurisdictions have prohibited the sale or possession of Kratom, including Alabama, Arkansas, Indiana, Rhode Island, Vermont, Wisconsin, the City of San Diego (2016), Newport Beach (2025), and the County of Orange (2025). Kratom is not currently regulated at the federal level, nor is it prohibited statewide in California.
The intention of this ordinance is to prohibit the sale, distribution, or possession of kratom and other products within the City of Huntington Beach that contain more than 2% of 7-hydroxymitraginyne in the alkaloid fraction, recognizing significant health risks associated with elevated concentrations of the alkaloid; prohibit the sale of any kratom product that is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents; and prohibit the sale or distribution of kratom product to a person under 21 years of age.
Penalties for those who violate HBMC ?9.92.030 will be guilty of a misdemeanor and may be fined up to $1000 or be imprisoned in County Jail for not more than six months; and if applicable the Huntington Beach Business License may be revoked pursuant to HBMC ?5.08.300.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4339