ORD 628 Chapter 5.94 Sale and Distribution of Kratom ProductsORDINANCE NO. 628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING CHAPTER 5.94 TO
TITLE 5 OF THE LA QUINTA MUNICIPAL CODE,
RELATING TO THE REGULATION OF THE SALE AND
DISTRIBUTION OF KRATOM PRODUCTS IN THE CITY OF
LA QUINTA
WHEREAS, the U. S. Drug Enforcement Administration (DEA) has reported 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;" and
WHEREAS, the U.S. Food and Drug Administration (FDA) has reported that
approximately 1.7 million Americans used kratom in 2021, often to self -treat various
conditions without medical supervision. The agency has cautioned that kratom is not
approved for use as a dietary supplement and has been linked to serious health risks,
including seizures, liver toxicity, physical dependence, substance use disorder, and
neonatal abstinence syndrome —where infants exposed to kratom before birth experience
withdrawal symptoms such as jitteriness, irritability, and muscle stiffness and, in some
cases, death; and
WHEREAS, Health officials, including the FDA, have raised concerns over the
safety of kratom products, particularly those with higher concentrations of 7-OH, which
may increase the potential for abuse and harm public health; and
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-
hydroxymitragynine; and
WHEREAS, kratom products are not federally regulated in the United States and
are not subject to government -mandated safety testing, resulting in a lack of oversight
and no established safety standards regarding ingredients, purity, or dosage; and
WHEREAS, local governments and municipalities have regulated or prohibited the
sale and possession of kratom with their respective jurisdictions including but not limited
to Riverside County, Orange County, and Cities of San Diego, Oceanside, Newport
Beach, Solana Beach, and Jurupa Valley; and
WHEREAS, the La Quinta City Council, in its commitment to safeguarding the
health and wellbeing of its residents by ensuring that products available for sale in the
City of La Quinta do not pose undo health risks, and hereby regulate kratom and restrict
the sale and distribution of Kratom and 7-OH products containing more than 2% of 7-OH
Ordinance No. 628
Adding to the La Quinta Municipal Code Ch. 5.94 relating to Regulation of Kratom
Adopted: February 3, 2026
Page 2 of 3
in the alkaloid fraction, in order to reduce potential risks to individuals and in furtherance
of the general public health, safety, and welfare.
NOW, THEREFORE, the City Council of the City of La Quinta does hereby ordain
as follows:
SECTION 1. RECITALS: The Recitals set forth above constitute findings of the
City Council and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. ADOPTION: Chapter 5.94 is hereby approved and adopted by the
City Council and shall be added to Title 5 of the La Quinta Municipal Code as written in
"Exhibit A" attached hereto and incorporated herein by this reference.
SECTION 3. CEQA: The City Council finds that adoption of this Ordinance is not
subject to environmental review under, or, in the alternative, is exempt from, the California
Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA") and
implementing regulations, California Code of Regulations, Title 14, Section 15000 et seq.
("CEQA Guidelines"), as the adoption of this Ordinance is not a "Project" as defined by
CEQA. (CEQA Guidelines, § 15060(c)(3).) Pursuant to CEQA Guidelines Section
15378(a), a "Project" means the whole of an action, which has a potential for resulting in
either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment. The requested action is to amend the La Quinta
Municipal Code to regulate and restrict the sale of a potentially harmful substance within
the City's jurisdictional boundary at -large, and it can be seen with certainty that there is
no possibility that the adoption of the proposed Ordinance would have a significant effect
on the environment. (CEQA Guidelines, § 15061(b)(3)), The requested action is further
exempt under CEQA Guidelines Section 15060(c)(2), as it will not result in a direct or
reasonably foreseeable indirect physical change in the environment.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution
of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of
this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the permanent record of Ordinances of the City of La Quinta.
SECTION 6. CORRECTIVE AMENDMENTS: The City Council does hereby grant
the City Clerk the ability to make minor amendments and corrections of typographical or
clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior
to the publication in the La Quinta Municipal Code.
Ordinance No. 628
Adding to the La Quinta Municipal Code Ch. 5.94 relating to Regulation of Kratom
Adopted: February 3, 2026
Page 3 of 3
SECTION 7. 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 and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 3rd day of February 2026, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
csa
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RA EVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 628
Adding to the La Quinta Municipal Code Ch. 5.94 relating to Regulation of Kratom
Adopted: February 3,2026
Page 1 of 3
CHAPTER 5.94 REGULATING THE SALE AND
DISTRIBUTION OF KRATOM PRODUCTS
5.94.010 Purpose.
4 /:II 1111_1
A. The purpose and expressed intent of this chapter is to regulate within the City of
La Quinta the sale and distribution of kratom products containing more than 2% of
7-OH in the alkaloid fraction, in order to reduce public health risks associated with
unregulated, high -potency, and synthetic kratom. The La Quinta City Council
recognizes the health risks by these readily accessible products and hereby
exercises its authority to regulate kratom products pursuant to Article XI, Section 7
of the California Constitution (among other laws) that authorize the city to make
and enforce within its limits all local, police, sanitary, and other ordinances and
regulations not in conflict with general laws.
B. Additionally, the purpose and expressed intent of this chapter is to establish a
minimum purchase age of 21, to establish potency limits, to require retailers to
verify age, and to restrict the sale of kratom products that have been synthesized,
and to impose criminal and administrative penalties for violations.
5.94.020 Definitions.
For the purposes of this chapter, the following meanings shall apply:
A. "Common carrier" means a commercial enterprise that holds itself out to the public
as offering to transport freight or passengers for a fee.
B. "Distribute" or "distribution" means the transfer, by any person other than a
common carrier, of a kratom product at any point from the place of manufacture or
thereafter to the person who sells the kratom product to an individual for personal
consumption. "Attempt to distribute" means to offer, provide, or sell, with the intent
to distribute.
C. "Kratom" or "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 its leaf including, but not limited to any power, capsule,
pill, beverage, or other edible product intended for human consumption. "Kratom
product" includes kratom and any 7-OH product.
Ordinance No. 628
Adding to the La Quinta Municipal Code Ch. 5.94 relating to Regulation of Kratom
Adopted: February 3,2026
Page 2 of 3
D. "Leaf' means any or all parts of the leaf of the Mitragyna speciosa that contains
mitragynine of 7-hydroxymitragynine (7-OH).
E. "Sell" or "sale" means any transaction where, for any consideration, ownership of
any kratom product is transferred from one person to another, including but not
limited to any transfer or title or possession for consideration, exchange, or barter,
in any manner or by any means. "Attempt to sell" means to offer, provide, or
distribute, with the intent of completing a sale.
F. "Synthesized" means an alkaloid or alkaloid derivative that has been created by
chemical synthesis or biosynthetic means (including but not limited to:
fermentation, recombinant techniques, and yeast derived enzymatic techniques)
rather than traditional food preparation techniques such as heating or extracting.
"Synthesized" includes alkaloids that have been further exposed to chemicals or
processes that would confer a structural change in the alkaloids contained with the
extract.
5.94.030 Sale and Distribution of Kratom Prohibited.
A. It shall be unlawful for any individual, business, or entity to sell or distribute, or
attempt to sell or attempt to distribute, a kratom product to a person under 21 years
of age.
B. It shall be unlawful for any individual, business, or entity to sell or distribute, or
attempt to sell or attempt to distribute, a kratom product with a level of 7-OH that
is greater than 2 percent of the total kratom alkaloids in the product.
C. Any individual, business, or entity that sells or distributes, or attempts to sell or
attempts to distribute, a kratom product shall have the obligation to verify, prior to
any sale or distribution, the age of any buyer to ensure compliance with this
chapter.
D. It shall be unlawful for any individual, business, or entity to sell or distribute, or
attempt to sell or attempt to distribute, any kratom product that contains or is
adulterated with synthesized or semi -synthesized kratom alkaloids or kratom
constituents.
5.94.040 Violations and Penalties
A. Each and every violation of this section shall constitute a separate violation and
shall be subject to all remedies and enforcement measures authorized by this
code. Each and every kratom product, which exceeds the allowable potency
limits established by this chapter, that are part of a sale or distribution prohibited
by this chapter, shall constitute a separate violation of this section.
Ordinance No. 628
Adding to the La Quinta Municipal Code Ch. 5.94 relating to Regulation of Kratom
Adopted: February 3,2026
Page 3 of 3
B. Any person who violates any provision of this chapter is guilty of a misdemeanor,
and upon conviction punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment for a term not exceeding six months, or both.
C. Any sale or distribution, or attempt to sell or attempt to distribute, or any use of
real or personal property, or any condition caused or permitted to exist, in
violation of any provision of this chapter shall be, and is hereby declared to be, a
public nuisance and may be summarily abated by the city pursuant to Section
731 of the California Code of Civil Procedure, the provisions of Section 1.01.250
(violations public nuisances) (or successor provisions, as may be amended from
time to time) of this code, or any other remedy available at law.
D. The remedies provided herein are not to be construed as exclusive remedies.
The City is authorized to pursue any proceeding or remedies provided by law.
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was
introduced at a regular meeting on the 20th day of January, 2026, and was adopted at a
regular meeting held on the 3rd day of February, 2026, not being less than 5 days after
the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City
of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution
No. 2022-027.
J44
MONIKA ADE", City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on the 4th day of February, 2026, pursuant to Council
Resolution.
MONIKA RA EVA ity Clerk
City of La Quinta, California