HomeMy WebLinkAbout03 - Adding Chapter 10.75 (Prohibition of the Sale and Distribution of Kratom) to the Newport Beach Municipal CodeQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
February 27, 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 (KRAT-um) in Newport Beach.
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) Waive full reading, direct the City Clerk to read by title only, introduce 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, and pass to second
reading on March 12, 2024.
DISCUSSION:
At the request of Councilmember Lauren Kleiman, at its February 13 meeting, the
Newport Beach City Council considered placing an ordinance on a future agenda that
would, if adopted, ban the sale and distribution of Kratom in Newport Beach. The Council
voted unanimously, via a straw poll, in favor of staff bring forward an ordinance for its
consideration.
According to the Drug Enforcement Administration (DEA) and the National Institute of
Health (NIH) https://nida.nih.gov/research-topics/kratom#safe, 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).
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Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and
Distribution of Kratom) to the Newport Beach Municipal Code
February 27, 2024
Page 2
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.
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, the City 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).
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Ordinance No. 2024-5: Adding Chapter 10.75 (Prohibition of the Sale and
Distribution of Kratom) to the Newport Beach Municipal Code
February 27, 2024
Page 3
ATTACHMENTS:
Attachment A —Ordinance No. 2024-5
Attachment B — Department of Justice/Drug Enforcement Administration Drug Fact Sheet
Attachment C — FDA — Kratom Related Adverse Event Reports
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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
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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
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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.
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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.
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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
3-8
Department of Justice/Drug Enforcement Administration
EA Drug Fact Sheet
-1
Kratom ATTACHMENT B
WHAT IS KRATOM?
Kratom is a tropical tree native to Southeast Asia. Consumption of its
leaves produces both stimulant effects (in low doses) and sedative effects
(in high doses), and can lead to psychotic symptoms, and psychological
and physiological dependence. Kratom leaves contain two major
psychoactive ingredients (mitragynine and 7-hydroxymytragynine). These
leaves are crushed and then smoked, brewed with tea, or placed into gel
capsules. Kratom has a long history of use in Southeast Asia, where it is
commonly known as thang, kakuam, thom, ketum, and biak. In the U.S., the
abuse of kratom has increased markedly in recent years.
How is it abused?
Mostly abused by oral ingestion in the form of a tablet, capsule, or extract.
Kratom leaves may also be dried or powdered and ingested as a tea, or the
kratom leaf may be chewed.
What are the effects?
At low doses, kratom produces stimulant effects with users reporting
increased alertness, physical energy, and talkativeness. At high doses,
users experience sedative effects. Kratom consumption can lead to
addiction.
Several cases of psychosis resulting from use of kratom have been
reported, where individuals addicted to kratom exhibited psychotic
symptoms, including hallucinations, delusion, and confusion.
What does it do to the body?
Kratom's effects on the body include nausea, itching, sweating, dry mouth,
constipation, increased urination, tachycardia, vomiting, drowsiness, and
loss of appetite. Users of kratom have also experienced anorexia, weight
loss, insomnia, hepatotoxicity, seizure, and hallucinations.
What is its legal status?
Kratom is not controlled under the Controlled Substances Act; however,
Kratom tree
e 10 i v n is '. " 'e Is 20 2, n n " x_
4 S. _ 6 7 6 9
Leaf of kratom tree
Kratom capsules
there may be some state regulations or prohibitions against the possession and use of kratom. The FDA has
not approved Kratom for any medical use. In addition, DEA has listed kratom as a Drug and Chemical of
Concern.
www.getsmartaboutdrugs.com October 2022 3 9
Kratom Related Adverse Event Reports from the FDA CFSAN Adverse Event SERVICES.ATTACHMENT C
�tjs9
Reporting System (CAERS), 2021 C&
4
Oliver Ou, Stephanie Kenez, Annette Atoigue, Jonathan Midura, and Nichole Nolan x
Office of Analytics and Outreach, Center for Food Safety and Applied Nutrition, Food and Drug Administration, College Park, MD, 20740, USA
MAI& L AL J11111111111111L a a _AEM1__ __dA MM
LntrLktion esult and ussion AM&=
• Kratom (Mitragyna speciosa) is a tropical evergreen tree native to Southeast MedDRA "Preferred Term" is a distinct preferred Terms PTs Counts Results of medical examination and toxicology testing were obtained for
Asia. Its leaves contain two major psychoactive ingredients (mitragynine and 7- In 2021, CAERS received 78 reports involving kratom products. The descriptor (single medical concept) for 10 death reports. Mitragynine toxicitywas listed as the sole cause of
Death 20 P
hydroxymytragynine). majority of reports (96%) noted at least one adverse event. Thirty-seven a symptom, sign, disease diagnosis, death in 4 cases(40%), and a contributo factor in the other 6 cases
Dependence 19 contributory
(47%) reports were submitted by a consumer, 31 (40%) by friend/relative therapeutic indication investigation, Convulsion 13 (60%). The blood mitragynine concentration in the 10 death reports
• In recent years, kratom has gained popularity in Western countries as a plant- of consumer, 9 (12%) by a health care professional, and 1 (1 %) by law surgical or medical procedure, and ranged from 190 to 5,400 n /mL(Table 3 .
based novelpsychoactive substance(Nsubuga et al 2022). enforcement. Malaise 8 9 9
medical social or family history
characteristic. A complainant can Anxiety 7 Cause of
• Kratom, which affects the same opioid brain receptors as morphine, poses risks Of the 78 kratom reports received, 45 (58%) were adverse events only, 3 describe multiple adverse events that Withdrawal syndrome 7 Ages death Brood
p Case (reported by mitragynine Other substances detected
of addiction, abuse, and dependence (Anwar et al, 2016). (4%) were product complaints only, and 30 (38%) were for both adverse include multiple PTs. The 6 most *Shows only PTs with counts >_ 7 y/sex Medical level
events and product complaints (Fig. 1). common PTs reported for kratom Examiner)
• Currently,kratomproducts are neither a roved for an therapeutic use nor Table 2. Summary of MedDRA Not on tox promethazine
Pp Yreports were death, dependence, 1 38/Male 4500 ng/ml
regulated on a federal level in the U.S. Count of reports by T e Count of reports by Submitter Preferred Terms (PTs) for 2021 report
9 p Type convulsion, malaise, anxiety, and
1 (1i) withdrawal syndrome (Table 2). kratom CAERS reports (n=75) acute caffeine, 7-amino clonazepam, lamotrigine,
• The U.S. Food and Drug Administration (FDA) is actively evaluating scientific g (12% 2 42/Male mitragynine 620 ng/mL paroxetine
30 (38%> • Summary of System Organ Class (SOC) for the adverse events involving toxicity
information about the safety of kratom and has warned consumers not to use 45 (58%> � �47%� acute caffeine, cotinine, naloxone (administered by
kratomproducts(https://www.fda.gov/news-events/public-health-focus/fda-and- 31(4or) kratom products from 75 adverse event reports indicated these adverse 3 27/Male events span a wide range of organ systems (Figure 2). mitragynine 2100 ng/mL EMS)
kratom). toxicity
3 (4%) fentanyl and caffeine, 7-amino clonazepam, delta-9
4 28/Male mitragynine 190 ng/ mL carboxy THC delta-9 THC fentanyl
• The FDA CFSAN (Center for Food Safety and Applied Nutrition) Adverse Event ■Consumer General disorders and administration site conditions ,
Adverse Event Report (AER) only Friend/relative of consumer Psychiatric disorders tOXlClty norfentanyl, cannabinoids
Reporting System (CAERS) IS a post -marketing surveillance system that Product Complaint (PC) only Health care professional Nervous system disorders mitragynine no other substances noted
receives and monitors adverse event (AE) and product complaint (PC) reports AER & PC Law enforcement Gastrointestinal disorders 5 38/Male toxicity 2700 ng/mL
for foods, dietary supplements, cosmetics, and infant formula. Investigations acute paroxetine, caffeine, cotinine (nicotine
Figure 1. Count of kratom reports CAERS received in 2021 by report type poisoning and procedural complications mitragynine metabolite), isopropranol (likely contaminant
Injury toxicity an g p p )
Many data gaps exist regarding the safety of kratom products. Review of and report submitter. 6 27/Male y d 1900 n /mL from organ procurement per coroner
adverse event reports related to kratom products may help increase our Skin and subcutaneous tissue disorders � hypertensive g
Cardiac disorders atherosclerotic
understanding of potential health effects associated with kratom. Next, we performed a descriptive analysis of the kratom reports CAERS Metabolism and nutrition disorders disease
received in 2021 (Table 1). All reports were related to adults with a mean Hepatobiliary disorders venlafaxine caffeine, naloxone, 7-Amino, clonazepam,
Photo Examples of Kratorn Products age of 36, a media age of 39, and an age range of 21 to 69 years old. Respiratory, thoracic and mediastinal disorders 7 38/Male and venlafaxine, O-desmethylvenlafaxine,
The majority of the reports involve male (72.6%). Renal and urinary disorders � mitragynine 3100 ng/mL doxepin, Desmethyldoxepin,
Immune system disorders overdose
Vascular disorders acute toxicity of sertraline, ethanol, mirtazapine, zopiclone,
Age (years) Median 36 Musculoskeletal and connective tissue disorders � 8 31 /Male mitragynine 290 ng/mL lorazepam
(n=65) Mean 39 Infections and infestations and alcohol
Range [21-69] Ear and labyrinth disorders acute citalopram, diphenhydramine, nicotine
10 Zo is so ao 9 35/Male mitragynine 5400 ng/mL
r
� v E R � toxicity
F Sex Female 2� *A complainant can describe multiple adverse events that span multiple SOCs.
(n=73) Male 53 complications codeine, benzoylecgonine (cocaine
Figure 2. System Organ Classes (SOCs) for kratom adverse event reports 10 27/Male of mitragynine 1500 ng/mL metabolite), cotinine (nicotine metabolite),
(n=75). toxicity caffeine, naloxone
Race* Asian 1
Regarding the reason for use, there were 53 reports in which the (n=64) Black or African American 2 Table 3. Toxicology Data from 10 death reports involving kratom products.
White 62 complainants self -reported at least one condition for kratom products. In
Liquid Extract Powder Capsules Native Hawaiian or Other Pacific Islander 1 terms of frequency, the top four reasons for using kratom products
reported were for pain, anxiety, depression, and opioid/heroin withdrawal
Ethnicity Hispanic/Latino 3 (Figure 3). A consumer can have multiple reasons for using the kratom
(n=55) Not Hispanic/Latino 52 products. *Reason for kratom use (n=53)
• In 2021, CAERS received 78 reports involving kratom products. The
Outcomes** Death 20 majority of reports (96%) noted at least one adverse event.
CAERS receives adverse event reports via MedWatch, Safety Reporting Portal (n=75) Disability 15 `
(SRP), Field Accomplishments and Compliance Tracking System (FACTS), Y 15 The 6 most common PTs reported for kratom were death, dependence,
emails, and telephone calls. Adverse events are coded to terms in the Medical Hospitalization 20 3 convulsion, malaise, anxiety, and withdrawal syndrome.
Dictionary for Regulatory Activities (MedDRA). One CAERS adverse event report Life threatening 12 0 10
Medically important 38
can have multiple outcomes. Patient visited ER 3 5 The top four reasons for using kratom products reported were for pain,
We queried the CAERS database for reports that contain the following key words Patient visited healthcare provider 4 0 1 1 1 ■
anxiety, depression, and opioid/heroin withdrawal.
Other seriousness 1 •.� �� � � •�a � a a` �` yy r yy Kratom use most often in combination with other substances can be
in product names, ingredients, or narratives: kratom, mitragyna speciosa, Qa ,��.,0 eyyo �ay�� o.�° e�� ��� ae�'` octet hw�e r,� �� >
mitragynine, biak-biak, cratom, gratom, ithang,kakuam, katawn, kedemba, A complainant can identify with more than one race. PeQ.,er.maPs`' ea�0e'associated with serious adverse events includingdeath.
gy **A complainant can have one or more outcomes. ° o� � r �
ketum, krathom, krton, mambog, madat, Maeng da, nauclea, nauclea speciosa, ret o
or thang. We extracted the CAERS ID, age, sex, ethnicity, race, outcomes, Q,o�a� Review of CAERS adverse event reports may help provide real -world data
o
symptoms, CFSAN product type, and System Organ Classes (SOCs). We Table 1. Descriptive Characteristics of kratom CAERS reports. to understand the safety of kratom products
assessed the reports and provided descriptive statistics. Figure 3. Reasons why consumers used kratom products (n=53).
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