ITEM NO. 13
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CITY COUNCIL STAFF REPORT |
| TO: |
Honorable Mayor and Members of the City Council |
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| FROM: |
Arron Brown, City Manager |
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| BY: |
Steven Graham, City Attorney |
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| DATE: |
06/10/2026 |
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| SUBJECT: | Introduction and First Reading of Ordinance No. 278 Regulating Nitrous Oxide, Ordinance No. 279 Regulating Kratom Products and Ordinance No. 280 Regulating Drug Paraphernalia
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Recommendation:
Waive full reading and introduce by title only the following ordinances: (1) Ordinance No. 278 - An Ordinance of the City Council of the City of Canyon Lake, California, Adding Chapter 11.91 to the Canyon Lake Municipal Code Regarding the Regulation of Nitrous Oxide; (2) Ordinance No. 279 - An Ordinance of the City Council of the City of Canyon Lake, California, Adding Chapter 11.92 to the Canyon Lake Municipal Code Regulating the Sale and Distribution of Kratom Products; and (3) Ordinance No. 280 - An Ordinance of the City Council of the City of Canyon Lake, California, Adding Chapter 11.93 to the Canyon Lake Municipal Code Regarding the Regulation of Drug Paraphernalia.
Background/Analysis:
The City has broad authority under Article XI, Section 7 of the California Constitution to adopt local police power regulations to protect the public health, safety, and welfare, so long as those regulations do not conflict with state law. The three ordinances presented for introduction are intended to address emerging public health and public safety concerns associated with the retail sale, display, distribution, and marketing of nitrous oxide products, kratom products, and drug paraphernalia within the City.
- The proposed nitrous oxide ordinance would add Chapter 11.91 to the Canyon Lake Municipal Code. Nitrous oxide has legitimate medical, dental, culinary, industrial, automotive, and commercial uses, but it is also subject to recreational misuse as an intoxicating substance. The ordinance generally prohibits the sale, distribution, furnishing, or transfer of nitrous oxide, devices used to dispense or administer nitrous oxide, or devices containing nitrous oxide, except where the transaction falls within specified lawful exemptions. Those exemptions include food products using nitrous oxide as a propellant, lawful wholesale transactions, vehicle performance products sold by licensed retailers, medical and dental uses, pharmacy-related uses, and other circumstances exempted by state or federal law. The ordinance also includes provisions for product seizure, evidence handling, disposal, business license and permit remedies, cost recovery, and cumulative enforcement remedies.
- The proposed kratom ordinance would add Chapter 11.92 to the Canyon Lake Municipal Code. The ordinance addresses public health and safety concerns associated with kratom products and products containing hydroxymitragynine, commonly known as 7-OH. The ordinance would prohibit the sale, distribution, furnishing, or giving away of kratom products or 7-OH products to persons under 21 years of age; require age verification; prohibit products with a 7-OH level greater than two percent of the total kratom alkaloids; prohibit products that are attractive to children; and prohibit the sale or possession for sale of products containing synthesized or semi-synthesized kratom alkaloids, constituents, or derivatives. The ordinance also includes product seizure, evidence, and disposal provisions, as well as misdemeanor/infraction authority, administrative citation, civil enforcement, nuisance abatement, business license and permit remedies, and cost recovery.
- The proposed drug paraphernalia ordinance would add Chapter 11.93 to the Canyon Lake Municipal Code. The ordinance is designed to supplement state law by establishing local business, operational, nuisance, and enforcement standards for businesses that sell, display, market, distribute, or furnish drug paraphernalia. The ordinance recognizes that drug paraphernalia retailers may contribute to unlawful drug activity, nuisance conditions, public health risks, calls for service, loitering, property crime, and other adverse secondary impacts. The ordinance prohibits unlawful sales and displays, prohibits sales to minors, restricts public-facing displays, requires compliance with applicable business licensing and land use approvals, and establishes operational standards such as video surveillance, restricted hours of operation, controlled product access, property maintenance, and lawful inspections. Violations may be addressed through criminal, administrative, civil, nuisance abatement, business license, permit, and cost recovery remedies.
Collectively, these ordinances are intended to provide the City with practical enforcement tools before problematic retail activity becomes established or expands within the City. The ordinances are not intended to prohibit lawful medical, dental, culinary, industrial, automotive, pharmaceutical, or other legitimate uses where those uses are protected by state or federal law. Instead, they are tailored to address unlawful or harmful sales, marketing, display, distribution, and retail practices that may facilitate drug abuse, youth access, nuisance conditions, and other adverse impacts on the community.
If introduced at this meeting, the ordinances would return to the City Council for second reading and adoption at a subsequent meeting. Each ordinance would take effect 30 days after adoption.
If introduced at this meeting, the ordinances would return to the City Council for second reading and adoption at a subsequent meeting. Each ordinance would take effect 30 days after adoption.
- Fiscal Impact Yes/No:
- No
Additional Fiscal Information:
There is no direct fiscal impact associated with introduction of the ordinances. If adopted, implementation may require staff time for education, inspection, investigation, and enforcement. The ordinances include cost recovery provisions intended to allow the City to recover eligible enforcement, abatement, storage, disposal, administrative, and related costs to the extent authorized by the Municipal Code and applicable law.