Murrieta council directs staff to notify retailers after state kratom advisory; vote 3–2

Murrieta City Council voted 3–2 on Jan. 20 to direct staff to send a verified notice to local smoke shops and wellness stores informing them of a Jan. 9 California Department of Public Health advisory that the retail sale and online sale of kratom products may be unlawful under state health code.

The action followed a nearly two-hour discussion that included a reading of the CDPH letter to licensed tobacco retailers and more than a dozen public commenters. Mayor John Lavelle read portions of the advisory into the record and said the letter indicates the state believes kratom and certain concentrated derivatives are covered by California Health & Safety Code §11055. City Attorney Tiffany advised the council that the letter appears to assert those products fit within the cited code and that a local ordinance could be preempted if state law already criminalizes sale or possession in the manner described.

Supporters of botanical (leaf) kratom urged caution before imposing a broad ban. Multiple residents told the council the leaf form helped them manage chronic pain or aided recovery from opioid dependence. Jordan Richard, a former heroin user, told the council, "Kratom saved me," and urged the council to distinguish between natural leaf products and concentrated synthetics. Police Chief Henry said the department has not seen widespread local problems and reported only one campus finding in four years, but narcotics investigators have observed dependency and withdrawal symptoms in some cases.

Councilmember Laurie Stone moved to send a notice to every smoke shop and wellness store in Murrieta reiterating the state's advisory; Mayor Pro Tem Ron Holiday added an amendment that the city attorney verify the CDPH guidance before the notice is sent. The motion passed 3–2 with Mayor John Lavelle, Mayor Pro Tem Ron Holiday and Councilmember Laurie Stone voting yes; Councilmember Cindy Warren and Councilmember Lisa DeForest dissented.

Councilmembers who opposed the motion said they favored relying on the state's enforcement tools if the CDPH interpretation is confirmed and expressed concern about enacting local rules that duplicate state law. Supporters said a city-level notice and outreach would quickly inform local retailers and give police and business owners clarity about enforcement expectations.

What’s next: City Attorney Tiffany said staff will verify the advisory with the Department of Justice and the district attorney’s office and then send the approved notice to retailers. No local ordinance was adopted at the Jan. 20 meeting.