The Canyon Lake City Council approved the first reading of three new ordinances aimed at addressing growing public health and safety concerns related to nitrous oxide products, kratom products, and drug paraphernalia sales.
The ordinances are intended to provide proactive enforcement tools to prevent problematic retail activity from becoming established in the community while preserving lawful uses protected under state and federal law.
The nitrous oxide ordinance regulates the sale and distribution of nitrous oxide products. Although nitrous oxide has legitimate medical, dental, culinary, industrial, automotive, and commercial applications, city officials note that it has increasingly been misused recreationally as an intoxicating substance.
The ordinance generally prohibits the sale, distribution, furnishing, or transfer of nitrous oxide, nitrous oxide dispensing devices, and products containing nitrous oxide, except under specific exemptions. Exemptions would include legitimate food products using nitrous oxide as a propellant, lawful wholesale transactions, medical and dental uses, pharmacy-related uses, vehicle performance products sold by licensed retailers, and other uses authorized by state or federal law.
The ordinance also establishes enforcement provisions for product seizure procedures, evidence handling, disposal, business license and permit remedies, cost recovery, and cumulative enforcement remedies.
The kratom ordinance regulates kratom products and products containing hydroxymitragynine, commonly known as 7-OH. The ordinance prohibits retailers from selling or providing kratom or 7-OH products to individuals under the age of 21. Businesses will be required to verify the age of purchasers and will be prohibited from selling products containing more than two percent 7-OH relative to total kratom alkaloids.
The ordinance also bans products designed to appeal to children and prohibits the sale of products containing synthesized or semi-synthesized kratom alkaloids, constituents, or derivatives.
Enforcement measures include administrative citations, misdemeanor or infraction penalties, civil actions, nuisance abatement proceedings, business license and permit remedies, product seizure authority, and cost recovery.
The drug paraphernalia ordinance regulates businesses involved in the sale, display, marketing, distribution, or furnishing of drug paraphernalia. City officials contend that such businesses can contribute to unlawful drug activity, nuisance conditions, public health concerns, increased calls for service, loitering, and property crime.
The ordinance prohibits unlawful sales and displays, bans sales to minors, restricts public-facing displays of paraphernalia, and requires compliance with applicable business licensing and zoning requirements. Additional operational standards include video surveillance requirements, restricted operating hours, controlled customer access to products, property maintenance obligations, and lawful inspections.
Violations could be addressed through criminal, civil, administrative, nuisance abatement, permit-related, 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 that 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.
The three ordinances will return to the city council for a second reading and potential adoption at a future meeting. If adopted, each ordinance will become effective 30 days after adoption.
