Riverside County Moves To Tighten Restrictions On Certain Pain-Relieving Products

The Riverside County Board of Supervisors Tuesday tentatively approved an ordinance intended to curb the use of synthetic pain- relieving products that the U.S. Drug Enforcement Administration may add to the nationwide list of controlled substances.

The Riverside County Executive Office, following consultations with the District Attorney’s Office, Sheriff’s Department and other agencies, submitted a formal request for the board to consider implementing a set of regulations aimed at deterring sales and marketing of kratom derivatives, mainly to minors.

“I had never heard of kratom before this came to us earlier this year,” county Chief Executive Officer Jeff Van Wagenen told the board ahead of its unanimous vote. “Kratom is becoming more widely used. Is there an opportunity to act now before it becomes more widely abused? We’ve tried to identify the most dangerous aspect of this … ‘gateway drug.’ This is an opportunity to limit the exposure of folks to it.”

The main emphasis is on so-called “7-OH” products, which contain alkaloids produced using biosynthetic methods. The 7-OH derivatives are based on kratom leaf or kratom leaf extracts originating from a tropical plant native to Southeast Asia, officials said. Their properties have pain-relieving influences similar to morphine and heroin.

“The 7-OH concentrated synthetic products are often promoted as dietary supplements,” Sacramento-based California Narcotics Officers’ Association Legislative Advocate Ryan Sherman told the board. “These products come in various forms, like concentrated liquid extract, and can significantly increase adverse potential life-threatening effects, especially when 7-OH is combined with alcohol and sedatives. Unknown concentrations of these synthetics bear an increased risk of unintentional overdose. There is no approved medical use.”

In July, the U.S. Food & Drug Administration requested that the DEA formally review kratom derivatives and consider placing them on the federal list of controlled substances, which would result in stringent regulations. The DEA is still in the review stage.

“Highly concentrated and synthetic kratom-based products — marketed in the form of powders, capsules, gummies and `energy shots’ — have proliferated in the U.S,” the Executive Office said in a statement. “These products are commonly sold online, in smoke shops and at convenience stores, often with no quality control or labeling standards.”

The state Legislature is in the process of sorting out possible statewide restrictions on 7-OH sales, after a similar proposal in the previous legislative session died in the state Senate. In the meantime, localities have taken regulatory steps of their own.

The Orange County Board of Supervisors approved a measure in August, following related actions in the cities of Jurupa Valley, Newport Beach, Oceanside, San Diego and Solano Beach, all of which now have ordinances in place that prohibit some 7-OH marketing and sales.

The proposed Riverside County regulatory scheme, which requires a second public hearing in the next two weeks before it can be formally approved, would bar the sale of any kratom-based products that contain more than 2% of alkaloids to anyone under 21 years old. The county would further outlaw any marketing of the derivatives to youths via advertisements or brand packaging.

Violations would result in potential misdemeanor criminal charges and fines.