HomeMy WebLinkAboutOrdinance 26-070-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE IN THE MATTER OF ORDINANCE No. 26- 0 10 -CC
PROHIBITING THE SALE OR
DISTRIBUTION OF KRATOM PRODUCTS
WITHIN THE GEOGRAPHICAL
CONFINES OF UNINCORPORATED
GRANT COUNTY
WHEREAS, "kratom" is the colloquial name for the opioid-like bioactive alkaloids
derived from the leaves of the Mitragyna speciosa, a tree native to Southeast Asia; and,
WHEREAS, the most well -studied of these alkaloid derivatives are mitragynine and 7-
hydroxymitragynine, often marketed as, or included in, herbal supplements; and,
WHEREAS, these supplements are commercially available to any person of any age at
gas stations, smoke shops, and convenience stores; and,
WHEREAS, these 'herbal supplements" frequently do not clearly mark that they contain
kratom; and,
WHEREAS, these 'herbal supplements' rarely contain warnings about its intoxicating
effects or its potential side effects, including but not limited to: nausea and committing, agitation,
confusion, sweating, rapid heart rate, high blood pressure, severe respiratory depression,
sleepiness or loss of consciousness, seizures, constipation, hallucinations, and mood disorders;
and,
WHEREAS, the U.S. Food and Drug Administration (FDA) has documented that kratom
can cause addiction and advised against consuming any products containing kratom; and,
WHEREAS, unknowingly ingesting a psychoactive substance can endanger one's
personal health, and endanger others' health and physical safety; and,
WHEREAS, the Washington Poison Control Center has reported a significant increase in
kratom related exposure calls, including incidents involving children; and,
WHEREAS, kratom has been either banned or regulated in at least 30 countries
internationally, regulated in more than 30 U.S. states, and outright banned in 7 U.S. states and
Washington D.C., due to these well documented risks; and,
WHEREAS, Washington State and the Federal government have failed to regulate
kratom despite these well documented risks; and,
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WHEREAS, the Board of Commissioners believe it has a duty to protect those in its
jurisdiction from the risks posed by kratom where their State and Federal governments have to
date failed them.
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of
Commissioners, Grant County, State of Washington, hereby enacts Chapter 6.60 of the Grant
County Code, as presented in Attachment A.
DATED this day of T-e,�, 2026.
ATTEST: d/
Caitlin E. Manell
Clerk of the Board
BOARD OF COUNTY
COMMISSIONERS
Nay Abstain Grant County, Washington
❑ ❑ %I Vi
Kevin R. Burges a hair
star
b es, 'ce-Chair
❑ ❑
Cindy Ca r, ember
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ATTACHMENT A
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Chapter 6.60 Kratom: Sale and Distribution Prohibited
6.60.010 Purpose
Chapter 6.60 of the Grant County Code is enacted to protect the public health and safety
of all people located in unincorporated Grant County by prohibiting the sale and distribution of
Kratom, and Kratom Products, within the confines of unincorporated Grant County.
6.60.020 Definitions
(a) Kratom: "Kratom" as used in this chapter, means all products containing natural or
synthetic 7-hydroxymitragynine, or mitragynine in any quantity. This includes all extracts,
synthetic alkaloids, synthetically derived compounds, kratom analogue, or any portion of the raw
leaves of the Mitragyna speciosa plant.
(b) Kratom Product: "Kratom Product" as used in this chapter, means any food product,
supplement (herbal, dietary, or otherwise), or ingredient intended for human consumption
containing kratom, as defined in subsection (a). This includes but is not limited to: powders,
capsules, pills, beverages, or any other means of delivery for human consumption.
(c) Distribute: "Distribute" as used in this chapter, means to sell, furnish, give away,
exchange, transfer, deliver, or supply whether or not in exchange for money, goods, or services.
6.60.030 Sale and Distribution of Kratom Prohibited
The sale and/or distribution of Kratom or any Kratom Product within the confines of
unincorporated Grant County by any person, corporation, or entity, is strictly prohibited.
6.60.040 Violation -- Penalties
(a) Violations of this chapter, GCC 6.60, shall be subject to a civil infraction or criminal
prosecution.
(b) Each separate instance of distribution maybe considered a separate violation for
which a citation may be issued.
(c) Infraction: Issuance of an infraction is a final determination and a fine will be
assessed as follows:
(1) First Violation: $500 per occurrence
(2) Second Violation: $1,000 per occurrence
(3) Third and subsequent violations: $2,000 per occurrence
(d) Criminal Penalties: In lieu of or in addition to any other legal equitable, or
administrative remedy provided by this chapter or by law or other regulation, any person who
willfully or knowingly violates this chapter shall be guilty of a misdemeanor, and shall be
punished in the same manner provided by RCW 9A.20.021 for such violations of state law, as it
now exists or is later amended.
6.60.050 Infraction Procedures
The following Grant County Code provisions are incorporated by reference and are
applicable to this chapter:
1.32.110 Response to a Citation
1.32.120 Contested Citation Hearing
1.32.130 Failure to Appear for a Contested Citation Hearing
1.32.150 Mitigation of Fines
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1.32.190 Method of Service
1.3 2.200 Final Order for Enforcement
1.32.210 Collection of Fines and Monetary Penalties
1.32.240 Suspension of Permits
1.32.250 Revocation of Permits
1.32.270 Liens — Generally
1.3 2.2 S 0 Liens — Filing and Recording
1.32.290 Liens — Foreclosure
1.3 2.3 00 Duty Not Creating Liability
6.60.060 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is
declared unconstitutional or invalid. for any reason, such decision shall not affect the validity of
the remaining parts of this chapter.
6.60.070 Effective Date
This ordinance [from which this chapter derives] shall take effect and be in full force and
effect upon enactment.
6.60.080 Sunset Upon State or Federal Regulation
This chapter shall remain in effect unless/until preempted by Washington State or Federal
law.
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