Legislation Details

File #: 26-333    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 4/16/2026 Departments: BOARD OF SUPERVISORS DISTRICT 3
On agenda: 4/21/2026 Final action: 4/21/2026
Title: Introduce an ordinance adding Chapter 4.128 to the San Mateo County Ordinance Code banning the sale and distribution of kratom and 7-hydroxymitragynine (7-OH) products, and waive the reading of the ordinance in its entirety.
Sponsors: Ray Mueller
Attachments: 1. 20260421_io_Kratom Ordinance, 2. Item No. 7- Kraton Ordinance Presentation (1).pdf
Special Notice / Hearing: None__
Vote Required: Majority

To: Honorable Board of Supervisors
From: Supervisor Ray Mueller, District 3
Subject: Introduction of Ordinance Banning the Sale and Distribution of Kratom and 7-OH Products

RECOMMENDATION:
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Introduce an ordinance adding Chapter 4.128 to the San Mateo County Ordinance Code banning the sale and distribution of kratom and 7-hydroxymitragynine (7-OH) products, and waive the reading of the ordinance in its entirety.

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BACKGROUND:
Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia, and its leaves are often consumed in powdered or extract form for their stimulant and sedative effects. Kratom contains two primary alkaloids: mitragynine and 7-hydroxymitragynine (7-OH). While 7-OH occurs naturally in small amounts in kratom leaves, manufacturers increasingly concentrate or synthesize 7-OH to produce highly potent products with opioid-like effects.

The U.S. Food and Drug Administration (FDA) has issued stark warnings regarding concentrated kratom 7-OH, noting that these "concentrated 7-OH opioid products are far more dangerous than traditional kratom leaf products." (Makary, M. A. (2025, July 29). Letter to Colleagues regarding 7-hydroxymitragynine (7-OH). U.S. Food & Drug Admin. Retrieved from https://www.fda.gov/media/187898/download?attachment.)

Alarmingly, research cited by the agency indicates that 7-OH is "13 times more potent than morphine," while a 2025 National Institute on Drug Abuse study found that "7-OH resulted in respiratory depression at a magnitude three times more severe than morphine." (Makary, M.A. (2025, July 29). Beware: Synthetic kratom - 7-OH - is powering a new opioid crisis. N.Y. Post. Retrieved from https://nypost.com/2025/07/29/opinion/beware-synthetic-kratom-7-oh-powers-a-new-opioid-crisis/.)

These kratom and 7-OH products, including tablets, gummies, drink mixes, and liquid extract shots, are widely sold in gas stations, ...

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