HomeMy WebLinkAboutOrdinance 26-003 Banning the Sale of Kratom ProductsCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.26-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE
OF WASHINGTON, ADOPTING TITLE 7, CHAPTER 55 OF THE SPOKANE VALLEY
MUNICIPAL CODE RELATING TO THE SALE OF KRATOM PRODUCTS.
WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution, the City of
Spokane Valley ("City") is authorized to "make and enforce within its limits all such local police, sanitary
and other regulations as are not in conflict with general laws," which include regulations necessary to
protect public health, safety, and welfare; and
WHEREAS, kratom is a psychoactive substance made from the leaves of the Mitragyna speciosa
tree; and
WHEREAS, the U.S. Drug Enforcement Agency has listed kratom as a Drug of Chemical
Concern, finding that kratom consumption can produce both stimulant and opioid-like effects and can lead
to dependence, addiction, and negative psychotic and physical effects; and
WHEREAS, cases of kratom-related toxicity and adverse effects have been reported, particularly
when combined with other substances; and
WHEREAS, the U.S. Food and Drug Administration ("FDA") has determined that 7-
hydroxymitragynine ("7-OH"), a naturally occurring alkaloid in the kratom plant, is a dangerous substance;
and
WHEREAS, the FDA has not approved any prescription or over-the-counter drug products
containing kratom or its two main alkaloids, mitragynine and 7-OH; and
WHEREAS, the safety profile of kratom products is not well established and its effect on minors
is largely unknown; and
WHERAS, kratom is not federally regulated in the United States and is not subject to government -
mandated safety checks, resulting in a lack of oversight and accepted safety standards for use, regulation
of ingredients, purity levels, and dosage; and
WHEREAS, the State of Washington has not enacted any laws or regulations governing the sale
or use of kratom; and
WHEREAS, kratom products are sold at various retail locations in Spokane Valley posing a risk
to the City's residents, particularly youth and vulnerable populations; and
WHEREAS, prohibiting the sale and distribution of kratom products helps reduce the risk of
accidental overdose, substance misuse, and long-term health impacts, and protects the public health, safety,
and welfare of residents of Spokane Valley.
follows:
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
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Section 1. Purpose. City Council finds that the sale and distribution of kratom in the City
causes harm to public health, safety, and welfare and that it is in the best interest of the City to permanently
prohibit the sale and distribution of Kratom within the City limits.
Section 2. New Chapter. Chapter 7.55 is adopted as follows:
Chapter 7.55
SALE AND DISTRIBUTION OF KRATOM PRODUCTS
Sections:
7.55.010
Purpose and Intent
7.55.020
Definitions.
7.55.030
Prohibition on Sale or Distribution of Kratom Products
7.55.040
Violations — Penalties
7.55.010 Purpose and Intent.
The purpose and intent of chapter 7.55 SVMC is to protect the public health and safety of Spokane Valley
residents by prohibiting access to kratom products to all individuals, to include any products containing 7-
hydroxymitragynine, mitragynine, or any extract, synthetic alkaloid, or synthetically derived compound.
7.55.020 Definitions.
For the purposes of this chapter, the following words shall be defined as:
"Advertise" means any communication to one or more persons identifying that kratom products are being
offered or sold by any person, cooperative, organization, or legal entity, including but not limited to physical
displays of kratom products, signs located at a business; signs located in places other than at a business,
including billboards; advertisements on vehicles; advertisements in paper media such as newspapers,
magazines, flyers, cards, or business cards; or advertisements in electronic media such as internet websites,
social media, electronic classified advertisements, cell phone applications, and television or radio
advertisements.
"Distribute" means to furnish, give away, exchange, transfer, deliver or supply, whether or not for
monetary gain.
"Kratom" or "Kratom Product" means any kratom analogue, food product, food ingredient, dietary
ingredient, dietary supplement, or beverage that contains any part of the leaf of the plant mitragyna
speciosa, including extracts containing natural or synthetic alkaloids mitragynine or 7-hydroxymitragynine
or any synthetically derived compound of such plant and is manufactured as a powder, capsule, pill,
beverage, or any other consumable form.
"Kratom retailer" means any person, cooperative, organization, or legal entity that sells kratom products or
that advertises, represents, or holds itself out as selling or maintaining kratom products within the City of
Spokane Valley.
"Sell or "sale" means to offer, carry, stock, furnish, exchange, transfer, deliver, or supply for monetary
gain.
7.55.030 Prohibition on Sale or Distribution of Kratom Products
No person, cooperative, organization, or legal entity may sell, distribute, advertise for sale or distribution,
or permit to be sold any Kratom Product in the City of Spokane Valley.
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7.55.040 Violation - Penalty
A. Any person, cooperative, organization, or legal entity who violates SVMC 7.55.030 shall be issued
a class 1 civil infraction with a fine of $250. Each separate sale, advertisement, or distribution of Kratom
is considered an independent violation subject to the penalties listed herein. In the case of a single violation
occurring over a period of multiple days, each 24-hour period the violation is committed, continued, or
permitted shall be a separate and distinct violation subject to the penalties herein.
B. Any Kratom retailer found guilty of violating SVMC 7.55.030 may have its business license
revoked or denied pursuant to SVMC 5.05.080.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance Summary.
Passed this 3rd day of March 2026.
Laura Padden, Mayor
ATTEST:
I am
Marci Platterson, City clerk
Approved as to
Off of th ity Attorney
Date of Publicat'CAR
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Effective Date: Yf h
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