Report to City Council
ID: 25-0495 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, City Manager
AGENDA DATE: December 2, 2025
TITLE: ADOPTION OF COUNTY ORDINANCE NUMBER 1004
REGARDING REGULATING THE SALE AND
DISTRIBUTION OF KRATOM PRODUCTS (ORD. NO.
XXXX) (REPORT OF: CITY MANAGER) (DISTRICT: ALL
DISTRICTS)
TITLE SUMMARY: Adoption of County Ordinance Number 1004 regarding regulating the sale and distribution of Kratom (Ord. No.
XXXX)
DISTRICT: All Districts
Recommendation(s)
That the City Council:
1. Introduce and conduct first reading of Ordinance No. XXXX, amending Title 11 of the City of Moreno Valley Municipal Code, adding Chapter 11.98, adopting by reference Riverside County Ordinance No. 1004: and
2. Schedule a public hearing to receive public input regarding adoption of Ordinance No.
XXXX on January 6, 2026, and consider adopt ion of Ordinance No. XXXX upon conclusion of said public hearing.
SUMMARY
Pursuant to California Government Code 50022.2, adoption of certain ordinances by reference requires specific procedural steps. If the City Council approves the first reading of the ordinance, the City Council should then set a date and time for public hearing
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regarding adoption of the ordinance; City must publish a public hearing notice under Government Code 6066; and, after said public hearing, the City Council may then amend, adopt or reject adoption of the ordinance.
DISCUSSION
The Board of Supervisors of Riverside County finds that Kratom (mitragyna speciosa) is a botanical product native to Southeast Asia that has been used traditionally for its stimulant and pain-relieving properties. Its two primary active alkaloids, mitragynine and 7-hydroxymitragynine (7-OH), bind to the same opioid receptors in the brain as morphine and heroin. While low doses may act as a mild stimulant, high doses can cause sedation, dependence, and opioid-like withdrawal symptoms.
In recent years, highly concentrated and synthetic kratom -based products (marketed in the form of powders, capsules, gummies, and "energy shots") have proliferated in the U.S. These products are commonly sold online, in smoke shops, and at convenience stores, often with no quality control or labeling standards. The U.S. Food and Drug Administration (FDA) has repeatedly warned that these products may be contaminated or adulterated and has not approved kratom for any medical use. The Drug Enforcement Administration (DEA) lists kratom and 7 -OH as "Drugs and Chemicals of Concern." On July 29, 2025, the FDA formally requested that the DEA place 7 -OH products on the federal controlled-substance schedule.
Research has shown that 7 -OH is significantly more potent than morphine, binding to opioid receptors with higher affinity and producing stronger pain -relieving and euphoric effects. Highconcentration 7-OH products have been linked to addiction, overdose, liver injury, and psychosis, including hallucinations and confusion. Los Angeles County health officials recently issued a public health alert after several deaths were tied to high-potency 7-OH products.
At the state level, Assembly Bill 1088 (Bains), which passed the Assembly 76 -0 and is pending in the Senate Health Committee for 2026 consideration, would establish statewide standards 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.
Potency cap consistent with the natural alkaloid concentration found in kratom leaves.
Several California cities, including Jurupa Valley, Newport Beach, Oceanside, San Diego, and Solano Beach, and at least one county, Orange, have already taken local action.
The proposed ordinance for Riverside County, which has been considered and reviewed by the Sheriff's Department, the District Attorney's Office, Riverside University Health System (RUHS) Behavioral Health, RUHS Public Health, County Counsel, and the Executive Office seeks to balance public health protection with regulatory clarity for
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businesses. As drafted, the ordinance:
Prohibits the sale, distribution, or possession of kratom and 7 -OH products exceeding 2% 7-OH concentration.
Prohibits the sale of kratom or 7-OH products to persons under 21 years of age. Bans packaging and marketing that are "attractive to children," including candy - style or cartoon labeling.
Prohibits the sale of products containing synthetic or semi -synthetic kratom alkaloids.
Requires age verification at the point of sale.
Establishes penalties for violations, including misdemeanor prosecution, fines up to $1,000, and potential business-license revocation.
Effective 30 days after adoption.
Impact on Residents and Businesses
The ordinance enhances public safety by addressing emerging health risks linked to high potency kratom derivatives while maintaining a clear distinction between unregulated synthetic products and naturally occurring kratom. It provides law -enforcement authority to remove highrisk substances from retail circulation and establishes consistent countywide standards aligned with neighboring jurisdictions. The ordinance also promotes consumer protection and market transparency, helping ensure that any future kratom-related products are sold responsibly pending statewide regulation.
Adoption of this Ordinance by reference will enable Riverside County the ability to enforce their Ordinance in the City of Moreno Valley.
ALTERNATIVES
1. Introduce and conduct the firs t reading of the proposed Ordinance adopting by reference Riverside County Ordinance No. 1004, pursuant to California Government Code 50022.2, and schedule a public hearing to receive public input regarding adoption of proposed ordinance as outlined in thi s report and consider adoption of said ordinance. Staff recommends this alternative.
2. Do not introduce, nor pursue, the adoption of the proposed Ordinance adopting by reference Riverside County Ordinance No. 987 as outlined in this report. Staff does not recommend this alternative.
FISCAL IMPACT
There is no Fiscal Impact with the adoption of this Ordinance.
NOTIFICATION
Publication of the Agenda.
PREPARATION OF STAFF REPORT
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Prepared By: Department Head Approval:
Brian Mohan Brian Mohan
City Manager City Manager
CITY COUNCIL GOALS
Positive Environment: Create a positive environment for the development of Moreno Valley's future.
Public Safety: Provide a safe and secure environment for people and proper ty in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
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Report Approval Details
Document Title: STAFFREPORT_CM_KRATOM_12.02.25.docx
Attachments: - 12.02.25 ORDINANCE ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE 1004 REGULATING THE
SALE AND DISTRIBUTION OF KRATOM.docx
Final Approval
Date:
Nov 24, 2025
This report and all of its attachments were approved and signed as outlined below:
Patty Rodriguez
Natalia Lopez
No Signature - Task assigned to Dena Heald was completed by workflow administrator Patty Rodriguez
Dena Heald
Launa Jimenez
Patty Rodriguez