Fountain Valley to restrict sale and use of kratom products
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Fountain Valley plans to begin regulating the distribution and sale of certain kratom products.
The City Council, by a 4-1 vote on Tuesday, passed an ordinance that prohibits the sale, distribution or possession of kratom and other products within the city that contain more than 2% of 7-hydroxymitragynine (7-OH) in the alkaloid fraction.
“Kratom, in its natural form, has been shown to provide some benefits, such as mild pain relief and support for individuals seeking to reduce dependence on opioids,” Police Sgt. Donald Farmer said in presenting the ordinance. “However, synthetic and highly-concentrated 7-OH products pose serious health risks. Medical experts have warned that concentrated 7-OH has been described as ‘legal morphine.’
“Its heightened potency, combined with inconsistent labeling, creates significant danger, particularly for youth and unsuspecting users who may not realize they are consuming synthetic 7-OH, rather than natural kratom.”
Kratom is a tropical tree native to Southeast Asia, and the consumption of its leaves can produce stimulant effects in low doses and sedative effects in high doses, according to the Drug Enforcement Administration.
The consumption of kratom, which is not approved by the Food and Drug Administration, can be addictive.
The Fountain Valley ordinance also prohibits the sale of kratom products to anyone under the age of 21. Kratom product packaging would have to be child resistant, not attractive to children, and an age verification system would be required for online retailers, Farmer added.
Fountain Valley police visited nine smoke shops in the city, with six self-reporting that they sold kratom products, Farmer said. An undercover officer also purchased kratom from three smoke shops in the city last year, he said.
The U.S. will begin to test kratom for its potential to treat opioid disorder. In California, a complaint targets a business accused of violating kratom restrictions.
“I want nothing more than to see the synthetic products banned and them out of the stores,” Lora Romney, president of the International Plant and Herbal Alliance, said in voicing support for the ordinance via Zoom. “I do not want youth and children getting access to those. I’m suspecting adults go in to purchase kratom, and they inadvertently end up hooked on 7-OH, thinking that they have purchased kratom.
“There definitely needs to be something done. The DEA has spoken. They have said that their concern is the synthetic products and not natural leaf, so I’m really appreciative that you have drafted a great regulation that really does protect consumers.”
Vice Mayor Patrick Harper registered his opposition to the ordinance after asking Farmer if the city had seen considerable calls for service related to kratom. Farmer said the police and fire departments each had one call for service concerning kratom on record, but he left room for such incidents to be “underreported” or “overlooked” in reports.
The ordinance, which requires a second reading at a future council meeting, will go into effect 30 days from its adoption.
State legislators are considering regulation of synthetic kratom products through Assembly Bill 1088.
Newport Beach banned the sale and use of all kratom products within the city limits in March 2024. The Orange County Board of Supervisors passed a ban on the sale of synthetic kratom products for unincorporated areas of the county in August, with the Huntington Beach City Council unanimously supporting an ordinance prohibiting the sale, distribution and possession of kratom in September.
