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HomeMy WebLinkAbout2195 Amending City Code by Enacting New Section 210.231 Related to Sale of Kratom and Related ProductsBILL NO. 2026-061 ORDINANCE NO. 2195 AN ORDINANCE AMENDING THE CITY CODE BY ENACTING A NEW SECTION RELATING TO THE SALE OF KRA TOM AND RELATED PRODUCTS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 -ADOPTION OF AMENDMENT. That Chapter 210 of the City Code is hereby amended by enacting a new Section 210.2310, entitled "Kratom Regulations," which shall read as follows: 210.231 Kratom Regulations A. Legislative Findings and Purpose. 1. The Board of Aldermen finds that products containing kratom, kratom extracts, 7-hydroxymitragynine, and other alkaloids associated with the plant Mitragyna speciosa are being sold in retail settings and are available to consumers in forms that may include capsules, tablets, gummies, beverages, drink mixes, shots, powders, and other ingestible products. 2. The Board of Aldermen finds that kratom contains naturally occurring alkaloids, including mitragynine and 7-hydroxymitragynine, and that federal public health authorities have identified safety concerns associated with kratom and kratom- derived alkaloid products, including concerns relating to adverse events, substance use disorder, dependence, withdrawal, and unsafe or unsubstantiated therapeutic claims. 3. The Board of Aldermen finds that products containing concentrated, added, synthetic, semi-synthetic, or chemically converted 7-hydroxymitragynine, mitragynine pseudoindoxyl, or other kratom-derived alkaloids intended to produce psychoactive or intoxicating effects present heightened public health and safety concerns because such products may contain substantially greater concentrations of psychoactive alkaloids than are ordinarily present in unadulterated kratom leaf. 4. The Board of Aldermen finds that 7-hydroxymitragynine is generally recognized as a minor naturally occurring alkaloid in kratom leaf, and that products containing 7-hydroxymitragynine in concentrations exceeding two percent (2%) of the total alkaloid composition of the product present heightened concerns regarding potency, psychoactive effect, intoxication, consumer safety, and youth access. 5. The Board of Aldermen finds that products containing synthetic, semi-synthetic, isolated, converted, or concentrated kratom alkaloids intended to produce psychoactive or intoxicating effects are materially different from ordinary, unadulterated kratom leaf products and may reasonably be regulated differently. 1 BILL NO . 2026-061 ORDINANCE NO. 2195 6. The Board of Aldermen finds that kratom products and kratom-derived alkaloid products may be marketed and sold in consumer-friendly forms, including flavored products, gummies, beverages, shots, and similar products, which may increase the risk of youth access, accidental ingestion, mistaken consumer perception regarding potency and safety, and use by persons under twenty-one (21) years of age. 7 . The purpose of this Section is to protect the public health, safety, and welfare by prohibiting the retail sale of Intoxicating Alkaloid Products, restricting the sale of Kratom Products to persons twenty-one (21) years of age or older, requiring age verification, and regulating the display and marketing of Kratom Products. 8. This Section is not intended to regulate the practice of medicine, approve or disapprove any medical use of kratom, or prohibit the sale of ordinary, unadulterated Kratom Products to adults, except as expressly provided herein. This Article is intended to address the local retail sale and availability of products that present heightened risks because of age access, potency, concentration, synthetic or semi-synthetic composition, marketing, or intoxicating effect. B. Definitions. As used in this Article, the following terms shall have these prescribed meanings: Kratom Product shall mean any product, including food, beverages, or dietary supplements, containing any part of the leaf of the plant Mitragyna speciosa or an extract thereof. Kratom Products shall not include Intoxicating Alkaloid Products. Intoxicating Alkaloid Product shall mean any product containing alkaloids derived from the plant Mitragyna speciosa that have been isolated, extracted, or concentrated to produce a psychoactive or intoxicating effect, including: 1. 7-Hydroxymitragynine ("7-0H") in concentrations exceeding two percent of the total alkaloid composition of the product; 2. Mitragynine Pseudoindoxyl; 3. Concentrated Mitragynine extracts; 4. Any alkaloid or alkaloid derivative of the plant Mitragyna speciosa that has been created by chemical synthesis or biosynthetic means rather than traditional food preparation techniques such as heat or extracting; or 5. Any synthetic isomer or derivative of Mitragynine intended to produce psychoactive effects. C. Sale of Intoxicating Alkaloid Products Prohibited. 2 BILL NO. 2026-061 ORDINANCE NO. 2195 No person, retailer, or business entity shall sell, offer, deliver, or distribute any Intoxicating Alkaloid Product within the corporate boundaries of the City. D. Sale of Kratom Products to Persons Under 21 Prohibited; Age Verification Required. 1. No person shall deliver, transfer, or sell any Kratom Product to a person under twenty-one (21) years of age. 2. Any person delivering, transferring, or selling any Kratom Product shall verify the age of the purchaser or recipient of such Kratom Product by inspecting a valid government-issued photo identification card containing the bearer's date of birth prior to the delivery, transfer, or sale. E. Display and Marketing of Kratom Products 1. No person shall display or store Kratom Products in a retail location in a manner that allows products to be accessed by a person under twenty-one (21) years of age. 2. Kratom Products shall not be displayed or stored in a manner that allows a prospective purchaser to have possession of the Kratom Product prior to the completion of a sale. 3. No person shall sell, display, or market Kratom Products that mimic the appearance of candy products or are manufactured or packaged with the distinct shape of a human, animal, or fruit. F. Violations; Penalty. 1. Any violation of this Article shall be punishable as provided in Section 100.240. 2. A violation of this Article by any owner, operator, manager, employee, or agent of a business shall constitute grounds for the suspension or revocation of a business license pursuant to Chapter 605. SECTION 2 -EFFECTIVE DATE. That this ordinance shall be in full force and effect from and after 60 days from the date of its passage and approval. 3 BILL NO. 2026-061 ORDINANCE NO. 2195 BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 7th day of July 2026. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk 4