ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, ADDING CHAPTER 11.98 (“REGULATING THE SALE AND DISTRIBUTION OF KRATOM PRODUCTS ”) TO TITLE 11 (“PEACE, MORALS, AND SAFETY”) OF THE MORENO VALLEY
MUNICIPAL CODE , ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 1004, “AN ORDINANCE OF THE COUNTY OF
RIVERSIDE REGULATING THE SALE AND DISTRIBUTION OF KRATOM PRODUCTS”
WHEREAS, the City of Moreno Valley (the “City”) is a general law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, in 202 5, the California Assembly passed Bill 1008: Public Health:
Kratom, which referred the bill to the Senate Health Committee for 2026 consideration, would establish statewide standard for Kratom and 7 -OH products , including : restricting sales to individuals 21 years and older , child-resistant packaging requirements, prohibition of marketing appealing to children , p otency cap con sistent with the natural alkaloid concentration found in kratom leaves; and
WHEREAS, the County of Riverside (“County”) adopted Ordinance No. 1004, an “Ordinance of the County of Riverside Regulating the Sale and Distribution of Kratom Products,” (“Ordinance 1004”), to prohibit the sale, distribution, or possession of kratom and hydroxymitragynine (also known as 7-OH) products within unincorporated Riverside County that contain more than 2% of 7-OH in the alkaloid fraction, recognizing the significant health risks associated with elevated concentrations of this alkaloid; and
WHEREAS, City staff recommends that the City adopt and incorporate by reference Ordinance 1004 into Title 11 (“Peace, Morals, and Safety”) of the Moreno Valley Municipal Code, as set forth herein, providing the County a means to protect the public health of our community.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. ADOPTION OF RIVERSIDE COUNTY ORDINANCE NO. 1004 BY REFERENCE, ADDING CHAPTER 11.98 (“REGULATING THE SALE
AND DISTRIBUTION OF KRATOM PRODUCTS ”) TO TITLE 11 OF
THE MORENO VALLEY MUNICIPAL CODE
A. That the City Council hereby adopts Riverside County O rdinance No. 1004, an “Ordinance of the County of Riverside Regulating the Sale and Distribution of Kratom Products” as may be amended, which is incorporated by reference as though set forth at length herein, upon the effective date of this ordinance.
B. That Chapter 11.98 (“Regulating the Sale and Distribution of Kratom Products”) is hereby added to Title 11 of the Moreno Valley Municipal Code as follows:
11.98 RIVERSIDE COUNTY ORDINANCE NO. 1004 REGULATING THE SALE
AND DISTRIBUTION OF KRATOM PRODUCTS
11.98.010 Adopted.
Riverside County Ordinance No. 1004, an “Ordinance of the County of Riverside Regulating the Sale and Distribution of Kratom Products,” (“Ordinance No. 1004”) as may be amended in the future, is adopted and made a part of this chapter by reference.
11.98.020 Definitions
All words and terms used herein without definition shall have the meanings assigned to them in Ordinance No. 1004.
11.98.030 Violations and Enforcement
Misdemeanor Penalty. Any person or entity who violates this ordinance is guilty of a misdemeanor and upon conviction thereof may be punished by a fine of not more than one thousand dollars (S1,000.00) 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 County may have to address violations of section 4, Prohibition on Sale and Distribution of Kratom and 7-OH Products.
Section 3. ENFORCEMENT AUTHORITY
That the City Council hereby delegates the authority to the County to administer and enforce the provisions of Ordinance No. 1004, as adopted and incorporated herein, within the jurisdictional boundaries of the City, which shall not preclude the City from taking any enforcement action as it deems necessary at any time in accordance with applicable law.
Section 4. SEVERABILITY
That t he City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 5. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Moreno Valley Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this ordinance are hereby repealed.
Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 7. AMENDING OF BAIL SCHEDULE
That the City Attorney is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 8. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
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The foregoing Ordinance was approved and adopted at a meeting of the City Council held on _____________, 2025, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
_______________________________
Ulises Cabrera, Mayor
ATTEST:
_______________________________
M. Patricia Rodriguez, CMC, City Clerk
APPROVED AS TO FORM:
_______________________________
Steven B. Quintanilla, City Attorney