A couple more Orange County cities could be joining the growing list of cities restricting kratom amid state and county bans and crackdowns being introduced.
While some cities move to ban synthetic forms of kratom, advocates say the natural version of the plant can provide people with improved energy and focus.
Dana Point introduced a ban on all kratom sales in the city at Tuesday’s city council meeting, where it passed unanimously without much discussion, moving the ban to be approved at a future meeting.
The proposed ban comes after reports of kratom being sold in the city, which led to the products being removed because of existing county regulations, according to Jeff Rosaler, interim director of community development at the meeting.
What is Kratom?
Kratom is a tree from Southeast Asia and its leaves can be used as both a stimulant at low doses and a sedative at higher doses, and reportedly helps some users with opioid addiction and withdrawal, according to the U.S. Food and Drug Administration.
The natural leaf, when dried, can be taken in low doses and is used to boost energy – a similar effect to caffeine.
However, a component of the leaf known as 7-hydroxymitragynine, or 7-OH, has an opioid-like effect when taken in larger quantities than naturally occur in the plant, which is about 2% of its total alkaloid content.
Products with high concentrations of 7-OH are developed to create a high for users and are labeled as a synthetic kratom product after being significantly altered from its original source.
“Natural kratom leaf has been used for centuries for energy, for focus and for its functional benefits,” said Matthew Lowe, executive director of the Global Kratom Coalition, in an interview. “The majority of people are using it like they would use caffeine. On the other hand, the concentrated synthetics are being used as a proxy for a traditional opioid.”
Abuse of the drug can cause neurological effects, like dizziness, drowsiness and confusion, according to Mayo Clinic.
Garden Grove’s Proposed Ban
Earlier this month, Garden Grove voted unanimously to push back a discussion on an ordinance banning all kratom sales in the city and restricting nitrous oxide sales.
Council members split the ordinance into two – one law for each drug.
At the Feb. 10 meeting, Councilmember George Brietigam supported the ordinance as-is, bringing up the lack of ability to regulate kratom driving his support for the total ban.
“I look at this as a positive thing,” Brietigam said at the meeting. “There’s no way for us to open up a lab. It would be very cost prohibitive to test every little bit and see if it was over a certain level, or under a certain level, you really couldn’t do that – not a city our size.”
Councilmember Joe DoVinh argued the ordinance could be redundant if a state law makes synthetic kratom sales a misdemeanor, and voiced concern that the ban would harm small businesses selling kratom products.
“It hurts the little guy, it hurts small businesses,” DoVinh said at the meeting. “I’m in favor of an advisory where we advise the business operator ‘you don’t sell it to minors.’”
Because the council didn’t reach a consensus, Mayor Stephanie Klopfenstein suggested that council push the discussion out two weeks for city staff to provide additional data to council.
The proposed ordinance looks to ban sales of kratom products – synthetic and natural – because of their “opioid-like effects, lack of regulatory oversight, and demonstrated risk of abuse, dependence, and adverse health outcomes.”
Whippets, also known as “galaxy gas” or “laughing gas,” is recreational nitrous oxide, and can be inhaled to produce a high.
While Garden Grove’s proposed ordinance would stop nitrous oxide from being sold for recreational purposes, it would still be available for purchase for culinary use, as a vehicle performance enhancer, and for dental and medical use.
Abuse of the inhalant can lead to neurological damage, like spinal cord and brain damage, according to the FDA.
Following a move made by Orange County Supervisors to ban the sale of whippets in unincorporated areas, cities like Fullerton, Costa Mesa and Santa Ana have brought in their own restrictions.
Despite the following suit by many OC cities, Irvine decided against adopting an ordinance of their own against whippets, citing state laws already prohibiting the use of the inhalant to get high.
[Read: As More Orange County Cities Crack Down on Whippets, Irvine Sidesteps Ban]
The decision to postpone the kratom and whippet bans comes after Garden Grove pushed back a discussion on smoking in public parks, citing that they needed more time to discuss wording and review local ordinances on Jan. 27.
[Read: Garden Grove Pauses Proposed Smoking Ban]
How is Kratom Regulated?
Kratom regulations have been spreading across the county and state with varying levels of restriction, the difference in crackdowns coming from various forms of the drug and their effects.
[Read: More Orange County Cities Crack Down on Kratom]
Orange County currently bans the sale of synthetic kratom in unincorporated areas, which is any product containing more than 2% of 7-OH.
The county allows the sale of natural kratom, as long as it meets packaging requirements, like child-resistant features, and sales are restricted to those over 21.
“The wise policy is to regulate with precision: maintain the access to the natural leaf, ensure that it’s adult access – that’s important – and prohibit these dangerous synthetics,” Lowe said.
A recently introduced assembly bill, AB1088 would add synthetic kratom and 7-OH products to the Sherman Food, Drug, and Cosmetic Law, meaning that it would follow similar restrictions at a state level.
The bans proposed by Garden Grove and Dana Point would restrict all kratom products, a move that some say is unnecessary, as the risk behind the drug comes from the highly concentrated versions of the 7-OH component of the leaf – more commonly known as the synthetic versions.
In July of 2025, the FDA recommended scheduling action to control 7-OH products, which includes synthetic kratom products, not the natural leaf.
“One is naturals being consumed for centuries. One is a novel drug creation,” Lowe said. “The DEA is now working through that scheduling process, and we hope that there’s going to be emergency action taken soon. But really, our message is: the FDA have got this right.”