CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Tamara S. Letourneau, City Manager
DATE: October 21, 2025
SUBJECT: Second Reading and Adoption of Ordinance No. 2025-236, Prohibiting the Sale and Distribution of Kratom and Nitrous Oxide Products
RECOMMENDATION
Mayor Gennawey and Mayor Pro Tern Johns recommend that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2025-236:
ORDINANCE NO. 2025-236
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 3 OF TITLE 5 OF THE LAGUNA NIGUEL MUNICIPAL
CODE, PROHIBITING THE SALE AND DISTRIBUTION OF KRATOM
PRODUCTS AND NITROUS OXIDE PRODUCTS, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
BACKGROUND
On October 7, 2025, at the request of Mayor Gennawey and Mayor Pro Tern Johns, the City Council conducted the first reading, by title only, of Ordinance No. 2025-236, prohibiting the sale and distribution of kratom and nitrous oxide products (Attachment A).
At the meeting, the City Council unanimously approved the proposed ordinance and directed staff to place the ordinance on the October 21, 2025, City Council agenda for second reading and adoption.
Kratom and 7-OH Products
Kratom is a tropical tree native to Southeast Asia. Kratom leaves contain psychoactive compounds, including mitragynine and 7-hydroxymitragynine, 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 has been associated with a range of adverse health impacts and numerous side effects.
Kratom is not currently regulated at the federal level, nor is it prohibited statewide in California.
2 Nitrous Oxide
Nitrous oxide, often referred to as "laughing gas", "nox," or "whippets," is a colorless and odorless gas with legitimate applications in medical, dental, industrial, and food preparation. However, the recreational misuse and abuse of nitrous oxide is becoming a more prevalent public health issue in Orange County, driven by its low cost and easy retail access.
The possession and sale of nitrous oxide is currently regulated under the California Penal Code. The California Penal Code prohibits the possession of nitrous oxide with the intent to inhale for intoxication, makes it unlawful to sell or distribute nitrous oxide to anyone under the age of 18, requires those who sell or dispense the gas to maintain transaction records available for inspection, and makes it a misdemeanor to provide nitrous oxide to someone who is known or should reasonably be known to intend inhalation, particularly if such use results in great bodily harm or death.
ANALYSIS
Ordinance No. 2025-236 will prohibit the sale or distribution of kratom and 7-OH products, as well as the sale or distribution of nitrous oxide. Specifically, Ordinance No. 2025-236 will protect public health and safety by making the following changes to the Laguna Niguel Municipal Code.
Kratom and OH-7
Prohibit the sale or distribution of kratom or 7-OH products to a person under the age of 21; kratom or 7-OH products with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids; the use of packaging that makes a kratom or 7-OH product attractive to children; and ensure that kratom and 7-OH products offered for retail sale shall be in child-resistant packaging for the life of the product.
Nitrous Oxide
Prohibit the sale of nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide, except when sold for culinary use, wholesale, use in a vehicle to enhance performance, medical and dental use, by a pharmacy or pharmacist, or for any other use permitted by law.
Any person who violates Ordinance No. 2025-236 is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment.
FISCAL REVIEW
There is no fiscal impact on the City as a result of the adoption of Ordinance No. 2025- 236.
3 LEGAL REVIEW
This report and Ordinance No. 2025-236 were drafted in collaboration with the City Attorney's Office. The City Attorney 's Office has reviewed this report and ordinance as to form.
CONCLUSION
Mayor Gennawey and Mayor Pro Tern Johns recommend that the City Council conduct a second reading, by title only, and adopt Ordinance No. 2025-236:
ORDINANCE NO. 2025-236
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING DIVISION 3 OF TITLE 5 OF THE LAGUNA NIGUEL MUNICIPAL
CODE, PROHIBITING THE SALE AND DISTRIBUTION OF KRATOM
PRODUCTS AND NITROUS OXIDE PRODUCTS, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
:;i;:~Jf/fpowJ1JJJJ
City Manager
Kevin X. O'Connor
Assistant to the City Manager
Attachment:
A. Ordinance No. 2025-236
Scott C. Smith
City Attorney
4 ATTACHMENT A
Ordinance No. 2025-236
ORDINANCE NO. 2025-236
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, AMENDING DIVISION 3 OF TITLE 5 OF THE LAGUNA NIGUEL MUNICIPAL CODE,
PROHIBITING THE SALE, DISTRIBUTION, AND POSSESSION OF KRATOM
PRODUCTS AND PROHIBITION ON NITROUS OXIDE PRODUCTS
AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH
WHEREAS, it is the intent of the Laguna Niguel City Council to prohibit the sale, distribution, or possession of kratom and 7-hydroxymitragynine products within the City of Laguna Niguel that contain more than 2% of 7-hydroxymitragynine in the alkaloid fraction, recognizing the significant health risks associated with elevated concentrations of this alkaloid; and
WHEREAS, kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are often consumed in powdered or extract form for their stimulant and sedative effects; and
WHEREAS, the active compounds in kratom include mitragynine and 7- hydroxymitragynine. While mitragynine is present in higher concentrations, 7- hydroxymitragynine is more potent and is largely responsible for the stronger pain relieving, sedative, and euphoric effects; and
WHEREAS, 7-hydroxymitragynine binds to opioid receptors in the brain and has been shown to have euphoric and mood-enhancing effects, particularly at higher doses, which can increase its appeal for recreational use; and WHEREAS, 7-hydroxymitragynine is believed to be more potent than morphine in terms of pain relief. Research has shown that it binds to opioid receptors in the brain with greater affinity than morphine, making it significantly more powerful in relieving pain. This greater potency raises significant concerns about its safety profile, especially regarding the potential for addiction, overdose, and adverse physical and psychological effects, including nausea, vomiting, and potential psychosis. These risks are compounded when products contain higher concentrations of 7-hydroxymitragynine; and WHEREAS, scientific research and health advisories have raised concerns over the safety of kratom products, particularly those with higher concentrations of 7- hydroxymitragynine, which may increase the potential for abuse and harm to public health; and
WHEREAS, several cities in California have taken steps to regulate or ban kratom products, recognizing the need to protect public safety, especially among vulnerable populations. For example, Newport Beach, San Diego, and Oceanside have all enacted a complete ban on the sale, distribution, and possession of all kratom products - irrespective of the concentration of 7-hydroxymitragynine content; and 2 WHEREAS, the City Council wishes to restrict the sale and distribution of kratom and 7-7-hydroxymitragynine products containing more than 2% of 7-hydroxymitragynine in the alkaloid fraction, thereby reducing potential risks to public health and safety.
WHEREAS, Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products; and WHEREAS, Nitrous Oxide is also subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive; and WHEREAS, the recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin deficiencies in the blood, and can cause long-term neurological effects, including paralysis and death; and
WHEREAS, the incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both within Orange County and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse; and WHEREAS, Nitrous Oxide recreational misuse and abuse has been associated with multiple traffic incidents and criminal incidents throughout Orange County in the past several years; and
WHEREAS, the City of Laguna Niguel does not currently regulate the sale of Nitrous Oxide and finds and declares that in the absence of local regulation, Nitrous Oxide remains subject to significant risk of misuse and abuse through sale to individuals who intend to misuse or abuse the product; and
WHEREAS, the City of Laguna Niguel desires to regulate the sale of Nitrous Oxide in order to preserve and protect public health and to dissuade sellers of Nitrous Oxide products from selling to individuals which they know or have reason to know intend to use the products for illegal purposes (i.e., recreational ingestion and/or inhalation).
WHEREAS, the City Council is committed to safeguarding the health and well being of its residents by ensuring that products available for sale do not pose undue health risks; and
THE CITY COUNCIL OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by this reference.
3 SECTION 2. Section 5-3-260. Division 3 (Specific Additional License Requirements and Business Regulations) of Title 5 (Business and Special Licenses; Business Regulations) of the Laguna Niguel Municipal Code is hereby amended to add a new Article 17 entitled "Prohibition on Sale or Distribution of Kratom Products" to read as follows:
ARTICLE 17. PROHIBITION ON SALE OR DISTRIBUTION OF KRATOM PRODUCTS Sec. 5-3-260. Authority and Purpose.
This article is enacted pursuant to the City's plenary police powers to protect public safety, health, and welfare. The express purpose of this article is to protect public health and safety by regulating access to kratom products containing more than 2% of 7- hydroxymitragynine in the alkaloid fraction.
Sec. 5-3-261. Definitions.
For purposes of this article, the following definitions apply. (a) "7-0H product" means a product containing 7-hydroxymitragynine. (b) "Attractive to children" means any of the following:
(1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings:
(A) Cartoons, toys, or robots.
(B) Any real or fictional humans.
(C) Fictional animals or creatures.
(D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product.
(2) Likeness to images, characters, or phrases that are popularly used to advertise to children.
(3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children. (4) The terms "candy" or "candies" or variants in spelling, such as "kandy" or "kandee (5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children. 4 (6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children. (7) Any other packaging used that is attractive to children, considering all relevant facts and circumstances.
( c) "Kratom leaf' means the leaf of the kratom plant, also known as mitragyna speciosa, any form.
(d) "Kratom leaf extract" means the material obtained by extraction of kratom leaves by any means.
( e) "Kratom product" means a product consisting of kratom leaf, kratom leaf extract, or both.
(f) "Total kratom alkaloids" means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7-hydroxymitragynine in a kratom product.
Sec. 5-3-262. Prohibition on Sale or Distribution of Kratom and 7-0H Products. (a) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product to a person under 21 years of age.
(b) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product with a level of 7-hydroxymitragynine that is greater than 2 percent of the total kratom alkaloids in the product.
(c) Except as otherwise authorized by law, an individual, business, or other entity shall not sell, attempt to sell, offer, provide, or distribute a kratom product or 7-OH product that is attractive to children.
(d) Any individual, business, or other entity that sells, attempts to sell, offers, provides, or distributes a kratom product or 7-OH product shall conduct age verification to ensure compliance with subdivision (a).
Sec. 5-3-263. Packaging of Kratom and 7-0H Products.
(a) Packaging of a kratom product or a 7-OH product offered for retail sale shall be child resistant for the life of the product. Both of the following packages are considered child-resistant for the purposes of this section:
(1) A package that has been certified as child-resistant under the requirements of the Poison Prevention Packaging Act of 1970 (15 U.S.C. Sec. 1471 et seq.) and any regulations promulgated pursuant to that act.
5 (2) Plastic packaging that is at least four mils thick and heat sealed without an easy open tab, dimple, corner, or flap, provided that the package maintains its child resistance throughout the life of the product.
Sec. 5-3-264. Violations and Penalties.
Any person who violates section 5-3-262 is _guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of section 5-3-262.
SECTION 3. Section 5-3-301. Division 3 (Specific Additional License Requirements and Business Regulations) of Title 5 (Business and Special Licenses; Business Regulations) of the Laguna Niguel Municipal Code is hereby amended to add a new Article. 20 entitled "Prohibition on Sale or Distribution of Nitrous Oxide Products" to read as follows:
ARTICLE 20. PROHIBITION ON THE SALE OR DISTRIBUTION OF NITROUS OXIDE Sec. 5-3-301. Authority and Purpose.
This article is enacted pursuant to the City's plenary police powers to protect the public safety, health, and welfare. The express purpose of this article is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, a dangerous gas that is illicitly used as an intoxicant.
Sec. 5-3-302. Definitions.
For purposes of this article, the following definitions apply. (a) "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense, or administer nitrous oxide.
(b) "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter, and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as "laughing gas," "NOX," "galaxy gas," "whippits," amongst others.
(c) "Person" means any individual or legal entity, however constituted or organized. 6 ( d) "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).
Sec. 5-3-303 Prohibition on Sale or Distribution of Nitrous Oxide.
Except as otherwise authorized by law or allowed under this article, it is unlawful for any person to sell, attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
Section 5-3-304 Exceptions to Prohibition.
This article does not apply to the sale, attempt to sell, distribution, or other manner of providing nitrous oxide, or a device containing nitrous oxide, in the following circumstances:
(a) If the nitrous oxide is contained in a food product for use as a propellant. (b) If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection ( d) of section 5-3-302. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the nitrous oxide or device in violation of section 5-3-303.
(c) If the nitrous oxide or device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.
(d) If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations. (e) If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business & Professions Code§§ 4030, 4036, and 4037, as maybe amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
(f) Or any other circumstances exempted under law.
7 Section 5-3-305 Violations and Penalties.
Any person who violates section 5-3-303 is guilty of a misdemeanor and, upon conviction thereof, may be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County Jail for a period of not more than six (6) months or by both such fine and imprisonment. This section shall not serve to limit any other legal remedies or actions that the City may have to address violations of section 5-3-303.
SECTION 4. CEQA. The adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) pursuant to State CEQA Guidelines Section 15061 (b )(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance only provides for minor amendments within the Laguna Niguel Municipal Code of the operational provisions for the City's Business and Special Licenses; Business Regulations, and does not have the possibility of resulting in any physical changes in the environment.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 7. Publication. The City Clerk shall certify the adoption of this Ordinance and shall post or publish this Ordinance as required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Laguna Niguel on this 21 st day of October 2025.
Ray Gennawey, Mayor
ATTEST:
Marissa J. Asistin, City Clerk