HomeMy WebLinkAbout2024-5 - Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to Title 10 (Offenses and Nuisances) of the Newport Beach Municipal CodeORDINANCE 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 ("DEX) 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-hydroxymitragynine;
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
Ordinance No. 2024-5
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
Ordinance No. 2024-5
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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.
Ordinance No. 2024-5
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"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.
Ordinance No. 2024-5
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: Mayor O'Neill, Mayor Pro Tern Stapleton, Councilmember Blom,
Councilmember Grant, Councilmember Kleiman, Councilmember
Stapleton, Councilmember Weigand
NAYS:
RECUSED: Councilmember Avery
WILL O'NEILL, MAYOR
ATTEST:
r C,j�W
LEILANI I. BROWN, CITY CLERK
P�I
APPROVED AS TO FORM: c9<Jfi�N�P
CITY A ORNEY'S OFFICE
AA(IRON C. HARP, CITY A ORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2024-5 was duly introduced on the 271h day of February, 2024, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 12th day of March, 2024, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom,
Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember
Erik Weigand
NAYS: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 13th day of March, 2024.
r /J�
Lei ani I. Brown, MM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-5 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: March 2, 2024
Adopted Ordinance: March 16, 2024
In witness whereof, I have hereunto subscribed my name this 204" day of March, 2024.
Leilani I. Brown, M C
City Clerk
City of Newport Beach, California