Chapter 6.40
REGULATION OF THE SALE AND DISTRIBUTION OF KRATOM
Sections:
6.40.030 Prohibition on sale or distribution of kratom to persons under the age of 21.
6.40.060 No conflict with federal or state law.
6.40.010 Purpose.
The city council recognizes the inherent danger of kratom products and that the use of kratom products can have devastating health and economic consequences. The city council further recognizes that kratom may be habit forming and is currently available to people of all ages, including children.
Allowing kratom products to be sold in the city increases access to these harmful and dangerous products. To that end, no kratom products shall be sold or distributed to any person under the age of 21 in the city as is specifically enumerated below. (Ord. 537 § 3, 2024)
6.40.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Distribute” or “distribution” means the transfer, by any person other than a common carrier, of a kratom product at any point from the place of manufacture or thereafter to the person who sells the kratom product to an individual for personal consumption.
“Kratom” or “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.
“Sell,” “sale” and “to sell” mean any transaction where, for any consideration, ownership of a kratom product is transferred from one person to another, including but not limited to any transfer or title or possession for consideration, exchange, or barter, in any manner or by any means. (Ord. 537 § 3, 2024)
6.40.030 Prohibition on sale or distribution of kratom to persons under the age of 21.
It is unlawful to sell, advertise for sale, offer for sale, or distribute, directly or indirectly, any Kratom Product to any person under the age of 21 in the city. (Ord. 537 § 3, 2024)
6.40.040 Posting requirement.
A. A sign with letters of not less than one inch in height shall be clearly, sufficiently and conspicuously posted at the sales counter stating that “Kratom sales are prohibited to individuals under the age of 21” as controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place. (Ord. 537 § 3, 2024)
6.40.050 Enforcement.
A. The city manager, or designee, is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting the premises of any business to verify compliance.
B. Any person, business or retailer violating this chapter shall be guilty of an infraction, which shall be punishable by a fine in accordance with Chapter 1.16 or 1.18 SBMC, or a misdemeanor, which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the county jail for a period not exceeding six months or by both such fine and imprisonment. In addition to criminal fines, any person, business or retailer violating this chapter shall also be subject to civil penalties or administrative fines or both under Chapters 1.16 and 1.18 SBMC.
C. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.
D. Administrative enforcement of this chapter shall proceed pursuant to Chapter 1.18 SBMC.
E. Each violation of this chapter shall be considered a separate offense.
F. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law.
G. Notwithstanding any other provision of this chapter, this chapter may be enforced through any remedy as provided for in this section upon its effective date. (Ord. 537 § 3, 2024)
6.40.060 No conflict with federal or state law.
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law. (Ord. 537 § 3, 2024)
6.40.070 Severability.
If any section, subsection, sentence, clause, phrase, or word of this chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this chapter. The city council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (Ord. 537 § 3, 2024)