HomeMy WebLinkAbout03 - Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to the NBMCQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
March 12, 2024
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Joe Cartwright, Chief of Police - 949-644-3701,
jartwright@nbpd.org
PREPARED BY: Justin Morouse, Lieutenant - 949-644-3778, jmorouse@nbpd.org
TITLE: Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale
and Distribution of Kratom) to the Newport Beach Municipal Code
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2024-5, which, if
adopted, would add Chapter 10.75 to the Newport Beach Municipal Code, prohibiting the
sale and distribution of Kratom in Newport Beach. The ordinance was introduced and
considered at the Newport Beach City Council's February 27, 2024 Regular Meeting.
RECOMMENDATIONS:
a) Find this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2024-5, An Ordinance of the City
Council of the City of Newport Beach, California, Adding Chapter 10.75 (Prohibition of
the Sale and Distribution of Kratom) to Title 10 (Offenses and Nuisances) of the
Newport Beach Municipal Code.
DISCUSSION:
At its February 27, 2024 meeting, the Newport Beach City Council introduced and passed
to second reading Ordinance No. 2024-5, which if adopted, would ban the sale and
distribution of Kratom in Newport Beach.
According to the Drug Enforcement Administration (DEA) and the National Institute of
Health (NIH), Kratom is a tropical tree native to Southeast Asia with leaves that produce
both stimulant effects (in low doses, including increased alertness, physical energy, and
talkativeness) and sedative effects (in high doses).
The use of Kratom may lead to psychotic symptoms, and psychological and physiological
dependence. Kratom leaves contain two major psychoactive ingredients (mitragynine and
7-hydroxymytragynine). Kratom's potential effects on the human body include nausea,
itching, sweating, dry mouth, constipation, increased urination, tachycardia, vomiting,
drowsiness and loss of appetite. Kratom users have also reported experiencing anorexia,
weight loss, insomnia, hepatotoxicity, seizures and hallucinations.
3-1
Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and
Distribution of Kratom) to the Newport Beach Municipal Code
March 12, 2024
Page 2
Kratom is often marketed as a treatment for muscle pain, panic attacks, as an appetite
suppressant, as anti -cramping treatment, and as anti -diarrhea treatment. Kratom is also
sold as a treatment to help stop or reduce opioid or other substance use and to manage
withdrawal symptoms and cravings related to opioids and other drugs. Users claim it
works for mood enhancement and fatigue reduction, but safety issues and questions
about its effectiveness are a public safety concern.
There are no FDA -approved uses for Kratom and it is not legally marketed in the United
States as a drug or dietary supplement. The FDA continues to collect information related
to the use of Kratom, including those incidents resulting in adverse events related to the
use of the substance. Furthermore, current data suggest that certain substances in
Kratom have opioid properties that expose users to the risks of addiction, abuse and
dependence.
Some states, local governments, and municipalities have prohibited the sale or
possession of Kratom within their respective jurisdictions, including but not limited to, the
states of Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin. Kratom is
not currently regulated at the federal level and there are no statewide prohibitions on the
sale or possession of Kratom within the state of California. Kratom is banned in the City
of San Diego (enacted in 2016).
FISCAL IMPACT:
There is no fiscal impact related to this item. Should the proposed ordinance be adopted
by the City Council, staff will notice retailers regarding the prohibition. Any costs
associated with noticing efforts can be absorbed within the current budget.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A —Ordinance No. 2024-5
Attachment B — Correspondence
3-2
ATTACHMENT A
ORDINANCE NO. 2024- 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
10.75 (PROHIBITION OF THE SALE AND DISTRIBUTION
OF KRATOM) TO TITLE 10 (OFFENSES AND
NUISANCES) OF THE NEWPORT BEACH MUNICIPAL
CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, the U.S. Drug Enforcement Administration ("DEA") has stated that
consumption of kratom produces both stimulant effects (in low doses) and sedative
effects (in high doses), and can lead to psychotic symptoms, psychological and
physiological dependence, addiction, hallucinations, delusion, confusion, nausea,
itching, sweating, dry mouth, constipation, increased urination, loss of appetite,
anorexia, weight loss, and insomnia, and has labeled kratom a Drug of Concern;
WHEREAS, the U.S. Food and Drug Administration ("FDA") has stated that an
estimated 1.7 million Americans used kratom in 2021, often to self -treat conditions
without medical supervision, despite FDA warnings that kratom is not appropriate for
use as a dietary supplement, and has been found to be associated with serious health
risks including, but not limited to, seizures, liver toxicity, physical dependence,
substance abuse disorder, and neonatal abstinence syndrome in which newborns
exposed to kratom prior to birth experienced withdrawal signs such as jitteriness,
irritability, and muscle stiffness, and even death;
WHEREAS, the FDA has not approved any prescription or over-the-counter
drug products containing kratom or its two main chemical components, mitragynine and
7-hyd roxymitragynine;
WHEREAS, on April 12, 2019, the U.S. Center for Disease Control and
Prevention ("CDC") published a report, "Notes from the Field: Unintentional Drug
Overdose Deaths with Kratom Detected - 27 States, July 2016 - December 2017,"
which states that: (1) kratom use has recently increased in the United States where it is
usually marketed as a dietary or herbal supplement; (2) studies suggest that kratom has
3-3
Ordinance No. 2024-
Page 2 of 5
the potential for creating user dependence and abuse; and (3) reports have
documented several overdose deaths involving kratom;
WHEREAS, kratom products are not federally regulated in the United States
and are not subject to government -mandated safety checks, resulting in a lack of
oversight and accepted safety standards for use, regulation of ingredients, purity levels,
and dosage;
WHEREAS, states, local governments, and municipalities have prohibited the
sale or possession of kratom within their respective jurisdictions, including but not
limited to, the states of Alabama, Arkansas, Indiana, Rhode Island, Vermont, and
Wisconsin; and
WHEREAS, in the interest of the health, welfare, and safety of the people of the
City of Newport Beach, the City Council desires to prohibit the sale and distribution of
any product containing kratom within the jurisdictional boundaries of the City.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The Table of Contents for Title 10 (Offenses and Nuisances) of the
Newport Beach Municipal Code is hereby amended to read as follows:
Title 10
OFFENSES AND NUISANCES
Chapters:
10.04
Intoxicating Liquor
10.06
Human Waste
10.08
Interference With Public Access
10.12
Interfering With Law Enforcement
10.14
Prohibition Against Camping in Public Places
10.16
Gambling
10.24
Discharge of Weapons
10.26
Community Noise Control
10.28
Loud and Unreasonable Noise
10.32
Sound -Amplifying Equipment
10.36
Minor's Curfew
10.48
Weed and Rubbish Abatement
10.50
Public Nuisance Abatement
10.52
Abandoned or Wrecked Vehicles
10.54
Public Nudity
3-4
Ordinance No. 2024-
Page 3 of 5
10.58 Police Services at Large Parties, Gatherings or Events on Private
Property
10.59 Graffiti
10.60 Regulation of Display of Material, Which is Harmful to Minors, in a
Public Place
10.64 Construction and Maintenance Projects in Residential Districts
10.66 Loud and Unruly Gatherings
10.68 Targeted Residential Picketing
10.70 Cannabis Regulations
10.75 Prohibition of the Sale and Distribution of Kratom
Section 2: Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) is
hereby added to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal
Code to read as follows:
Chapter 10. 75
Prohibition of the Sale and Distribution of Kratom
Sections:
10.75.010 Definitions.
10.75.020 Sale and Distribution of Kratom Prohibited.
10.75.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the
meaning set forth in this section:
"Distribute" means to furnish, give away, exchange, transfer, deliver or supply,
whether or not for monetary gain.
"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 or its leaf including, but not limited to, any powder, capsule, pill, beverage, or other
edible product intended for human consumption.
"Leaf' means any or all parts of the leaf of the plant Mitragyna speciosa that
contains mitragynine or 7-hydroxymitragynine.
3-5
Ordinance No. 2024-
Page 4 of 5
"Sell" or "sale" means to furnish, exchange, transfer, deliver, or supply for
monetary gain.
10.75.020 Sale and Distribution of Kratom Prohibited.
It is unlawful to sell, advertise for sale, offer for sale, or distribute, directly or
indirectly, any kratom product in the City.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of this
ordinance 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 6: Except as expressly modified in this ordinance, all other sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
3-6
Ordinance No. 2024-
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 27th day of February, 2024, and adopted on the 12th day
of March, 2024, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
" C',_ -
ON C. HARP, CItY ATTORNEY
3-7
ATTACHMENT B
From: Faris Khouri <fkhouri45@gmail.com>
Sent: March 05, 2024 12:11 PM
To: O'Neill, William
Cc: Dept - City Council
Subject: Kratom Ban
Attachments: Screenshot_20240229_121023_X.jpg
[EXTERNALLIC in s or attachments unless you recognize the sender and know the content
Dear Will O'Neill,
I hope this email finds you well. I am writing to express my deep concern regarding the proposed ban
on kratom within our community. As a Business owner in Newport Beach and a concerned citizen, I
urge you to reconsider this decision for several important reasons.
First and foremost, banning kratom would deprive many individuals of a natural alternative for
managing chronic pain, anxiety, and other health conditions. Kratom has been used for centuries in
traditional medicine and has gained popularity in recent years due to its potential therapeutic
benefits. For many people, kratom offers relief without the harmful side effects associated with
conventional pharmaceuticals.
Moreover, I speak from personal experience as someone who has been selling kratom for 14 years.
During this time, I have witnessed firsthand how kratom has helped and even saved people's lives. Its
positive impact cannot be overstated, and banning it would be a disservice to those who rely on it for
their well-being.
Additionally, I want to emphasize the economic implications of a ban on kratom. My business, which
has been operating in Newport since 2015, contributes significantly to the local economy through tax
revenue and employment opportunities. Furthermore, all our products are sourced from the most
respected kratom brands on the market, ensuring quality and safety for our customers.
Instead of implementing a blanket ban, I urge the City Council to explore alternative solutions such as
regulation and education. By implementing reasonable regulations, we can ensure the safe and
responsible use of kratom while addressing any potential concerns regarding public health and safety.
In conclusion, I respectfully urge the Newport Beach City Council to reconsider the proposed ban on
kratom. Banning kratom would do more harm than good and could have far-reaching consequences
for our community. Let us work together to find sensible solutions that prioritize the well-being of our
residents while respecting individual freedoms and choices.
We have worked hard to build a reputable business and continue to care for our customers. We sell
kratom to some of the most respected residents in Newport beach along with players in the NFL and
UFC. We are family men, this store provides for our families and this ban may cause us to let go of
some employees. Our employees have new born children that they have to take care of that our
business helps provide. We never have been late on rent and always do our part to keep the city
clean. I know we can relate about hard work and how far we came and the sacrifices we had to make
to achieve our goals. Banning Kratom will just drive customers to the next city over, our customers are
nervous and scared of the outcome coming. We appreciate everything you do for the city and hope
the Council Members reconsider.
Thank you for your attention to this matter. I look forward to your thoughtful consideration.
Sincerely,
Faris Khouri, Business Owner of Up In Smoke Smoke Shop
2613 Newport Blvd.
POLICY BRIEF
The FDA announced on January 16,
20241 it will accept proposalsto conduct
a Human Abuse Potential ("HAP") study
to assess the potential severity of a
kratom dependencyor addiction liability.
The HAP study is authorized only
becausethe dose finding study showed
kratom can be safely ingested.
14
3-10