HomeMy WebLinkAboutOrd 1094-2024-03 Amending Code of Ordinances Chapter 7, Adding Article 7.05 Illegal Sale of KratomCITY OF ANNA, TEXAS
ORDINANCE NO. I q 4 — 20 24-03
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES, CHAPTER 7, BY ADDING ARTICLE 7.05 ILLEGAL SALE
OF KRATOM, TO PROHIBIT THE SALE OF KRATOM OR KRATOM PRODUCTS;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas City Council ("City Council") has been informed
that the American Association of Poison Control Centers have received reports
regarding the negative medical outcomes associated with the use of Kratom and that
the U.S. Department of Justice and Drug Enforcement Agency have published articles
and opinions on the dangers and physiological effects of Kratom which are believed to
pose a significant health risk to persons including addiction, psychotic symptoms,
tachycardia, hepatotoxicity, seizure, and death; and
WHEREAS, Kratom and Kratom Products are often marketed as health supplements or
herbal teas and are being used recreationally without medical supervision or used as an
alternative to opioids, a highly addictive and often harmful controlled substance; and
WHEREAS, the long term effects of the use of Kratom and Kratom Products are not yet
known; and
WHEREAS, Kratom and Kratom Products are not yet categorized as illegal controlled
substances under federal law; and
WHEREAS, the City Council has determined that it is in the best interest of the public
health, safety and welfare to prohibit the sale of Kratom and Kratom Products;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above referenced recitals are incorporated herein as if set forth in full for all
purposes.
CITY OF ANNA, TEXAS ORDINANCE NO. 104 q - 24 2 4 - O3 PAGE 1 OF 3
Section 2. Amendments.
A new Article 7.05, titled "Illegal Sale of Kratom" is hereby added to Chapter 7, "Health
and Sanitation" of the Anna City Code of Ordinances to read as follows:
Article 7.05 Illegal Sale of Kratom
Sec.7.05.001 Purpose
The purpose of this article is to prohibit the sale of Kratom or Kratom Products, as
hereinafter defined, within the City limits of the City of Anna, Texas.
Sec.7.05.002 Definitions
The following words and phrases, when used in this article, shall have the meaning
ascribed to them by this article.
Kratom means any part of the leaf of the plant Mitragyna speciosa.
Kratom product means a food, including an extract, capsule, or pill, containing any
form of kratom.
Sec.7.05.003 Violation
(a) It shall be unlawful for any person to sell or offer for sale Kratom or any Kratom
Product.
(b) The culpable mental state required by Chapter 6.02 of the Texas Penal Code is
specifically negated and dispensed with and a violation is a strict liability offense.
Sec.7.05.004 Penalty
Any person violating any of the provisions or terms of this article shall be deemed
guilty of a Class C misdemeanor and, upon conviction, be punished by a fine not to
exceed the sum of $2,000 for each offense, or the greatest amount allowed under
applicable law, whichever is lowest, and each and every separate violation of this
article shall constitute a separate offense, unless otherwise specifically set forth in this
Code. Allegation and evidence of a culpable mental state is not required for proof of
any offense defined by this article.
CITY OF ANNA, TEXAS ORDINANCE NO. 10 T4 - 20 o2 4 - 0 3 PAGE 2 OF 3
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 121h day of March 2024.
CITY OF ANNA, TEXAS ORDINANCE NO. 0 — 0 oZ t4 — 03 PAGE 3 OF 3