Item 63/2026
Final
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Omar Sandoval
Dept:
City Manager Dept: City Attorney
Date: 2/24/2026
Subject: Introduction and First Reading of an Ordinance adding Chapter 6.48 to Title 6 of the Garden Grove Municipal Code prohibiting the sale and distribution of kratom products. (Action Item)
OBJECTIVE
For the City Council to introduce an ordinance prohibiting the sale and distribution of kratom products.
BACKGROUND
After the adoption of regulations by the County restricting the sale and distribution of kratom and nitrous oxide products, and a report by Supervisor Janet Nguyen presented to the City Council, the City Council directed the City Attorney to prepare an ordinance establishing similar regulations to apply in the City.
Kratom is a tropical tree native to Southeast Asia. Kratom leaves contain psychoactive compounds, including mitragynine and 7 -hydroxymitragynine (7-OH), which can produce stimulant effects at low doses and sedative effects at high doses. According to the Drug Enforcement Administration (DEA) and the National Institutes of Health (NIH), kratom use symptoms, dependence, and numerous side effects such as nausea, vomiting, sweating, tachycardia, seizures, hallucinations, and hepatotoxicity. According to the DEA, the abuse of kratom has increased markedly in recent years. Although kratom is often marketed for relief of pain, anxiety, opioid withdrawal, and fatigue, there are no FDA-approved medical uses for the substance. The FDA continues to monitor reports of adverse events, and current data suggest kratom's opioid-like properties may expose users to risks of addiction, abuse, and dependence. Kratom is not currently regulated at the federal level, nor is it prohibited statewide in California.
An informational fact sheet regarding kratom pre pared by the Orange County Health Care Agency is attached as Attachment 1. The California Department of Public Health consumer warning about 7-OH last updated January 2026 is attached as Attachment 2. The FDA has posted information about the following consumer information and reports on Kratom and 7- OH on the following webpage: www.fda.gov/7-OH
Item 63/2026
Attachment 3 is the current FDA consumer advisory regarding 7 -OH. Attachment 4 is the July 2025 FDA report on an assessment of the scientific data and toxicolo gical concerns around the emerging opioid threat by 7-OH. Attachment 5 is the July 2025 letter to doctors warning about 7 -OH. Attachment 6 is the July 2025 FDA’s warning to firms marketing products containing 7-OH. Attachment 7 is the July 2025 FDA news release of taking steps to restrict 7-OH opioid products threatening American consumers.
Since the adoption of similar regulations in the County and nearby cities, the City has seen a proliferation of kratom products being displayed for sale, particularly in smoke shops, liquor stores, and gasoline convenience stores. Photos of sample kratom products found in City businesses are shown in Attachment 8.
DISCUSSION
The proposed ordinance attached as Attachment 9 will enact a prohibition on the sale and distribution of kratom products.
The ordinance prohibits individuals or businesses from selling, offering, providing, distributing or storing kratom products for commercial purposes.
FINANCIAL IMPACT
There is no financial impact in the adoption of this ordinance.
RECOMMENDATION
It is recommended that the City Council:
Introduce and conduct the First Reading of an ordinance prohibiting the sale and distribution of kratom products and pass it to second reading.
ATTACHMENT(S)
1. Orange County Health Care Agency Public Information Fact Sheet re Kratom
2. CDPH re Kratom and 7-OH are Dangerous and Illegal to Sell or Manufacture
3. FDA Preventing the next wave of the opiod epidemic_ What you need to know about 7-OH
4. FDA Report on 7-OH opioid threat
5. FDA final_updated_7-oh_dear_colleague_letter_7-28-2025
6. FDA Issues Warning Letters to Firms Marketing Products Containing 7-OH
7. FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers _ FDA
8. Kratom Photos Attachment
9. Ordinance