Fountain Valley council hears hours of public comment, directs staff to draft ordinance targeting synthetic ‘7‑OH’ while preserving natural kratom access

Fountain Valley — After a police presentation and an extended public-comment period that drew patients, addiction‑recovery advocates and law‑enforcement representatives, the Fountain Valley City Council on Oct. 22 directed staff to prepare a template local ordinance modeled on county language to address synthetic kratom products while leaving natural kratom legal.

Sergeant Donald Farmer of the Fountain Valley Police Department told council his unit had conducted an undercover check of six local smoke shops and found ordinary kratom products widely available and, at one location, what he described as “the synthetic version” in pill and liquid forms. Farmer framed the presentation to distinguish the traditional plant product from chemically concentrated derivatives that public-health officials and some law-enforcement groups say carry heightened overdose risk. “The intent is not to take immediate action, but to review available data and determine whether future regulation may be warranted,” he said in his staff memorandum.

The council then heard roughly an hour of virtual and in-person public comment split sharply by experience. Patient and consumer witnesses described using unadulterated leaf kratom for chronic pain, addiction recovery or mobility and urged narrowly tailored regulation rather than outright bans. Laura Romney, who said she uses kratom for refractory facial pain, asked the council to “please, I’m begging you, do not ban whole leaf natural kratom. Instead, ban 7‑OH and other synthetic derivatives.” Several speakers and advocacy groups urged age gates, child‑resistant packaging, mandatory testing and a conservative limit (commonly 2%) on the concentration of 7‑OH in retail products so that traditional leaf products remain legal and available.

That message was contested by other commenters who said natural kratom is variable and can be metabolized to 7‑OH in the body. Susan Cave, representing Kratom Danger Awareness and speaking as the mother of a person she says died after consuming kratom, argued regulations would not eliminate deaths and called for stronger restrictions. The session included a technical witness from the California Narcotic Officers Association, Ryan Sherman, who told the council the association supports prohibiting 7‑hydroxymitragynine and is working with state lawmakers on AB 1088.

Council members debated enforcement mechanisms and timing — several suggested waiting for state action while others argued local action could move faster. Council member Kim Constantine expressed concern about enforcement and said the county’s approach (a 2% threshold to define synthetic products) was a reasonable template; Council members also noted recent local and regional overdose reports. Ultimately council gave staff and police direction to draft a Fountain Valley ordinance using the county template and said they would review a draft ordinance in a future meeting, pending any state action.

What council did and didn’t do - Direction given: staff and police to prepare a template ordinance based on the county model and to accept public‑submitted draft language for council review. - No ordinance vote was taken Oct. 22; the council expressly left open the option to defer to pending state legislation (AB 1088).

Why it matters The exchange shows local policymakers balancing competing priorities: residents and veterans’ advocates who describe natural kratom as a harm‑reduction tool, public-health and law‑enforcement voices that warn synthetic concentrated derivatives pose higher overdose and dependency risks, and the practical challenges of enforcement at the city level. The city’s next steps — adoption of a local ordinance, waiting for AB 1088, or adopting a modified county template — will determine retail availability and enforcement authority in Fountain Valley.

Who spoke (high‑likelihood attribution) - Sergeant Donald Farmer, Fountain Valley Police Department (presentation) - Laura Romney, International Plant and Herbal Alliance (public comment) - Ryan Sherman, California Narcotic Officers Association (public comment) - Dr. Erin Berthold (research/scientist witness) and multiple consumer/advocate speakers

Next steps Council asked staff to draft an ordinance based on the Orange County/county template and to return a draft for council consideration; if the state (AB 1088) is enacted and preempts local action, council indicated it would revisit that status.

Provenance (topicintro: SEG 674; topfinish: SEG 2065)