To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Elizabeth Allen, Assistant Town Attorney
Title
Ordinance Imposing a Temporary Suspension and Prohibition on the Submission, Acceptance, and Issuance of Licenses and Permits Applicable to Kratom Sales Pending the Development and Adoption of Potential Regulations; Prescribing the Administration of this Ordinance; and Declaring that the Adoption of this Ordinance is Necessary for the Immediate Preservation of the Public Health and Safety and Therefore Providing for Its Emergency Adoption on First and Final Reading
Body
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Executive Summary
The proposed Ordinance provides a temporary suspension in effect and continuing for a period of 180 consecutive days to allow Town staff to further survey kratom while collaborating with the kratom industry to identify and potentially regulate kratom sales within the Town.
Discussion
As outlined in detail in the recitals to this Ordinance, the Town, as a home rule municipality has the authority under the Colorado Revised Statutes to adopt ordinances pertaining to public welfare, health and safety.
This Ordinance is designed to allow Town staff the opportunity to survey and potentially propose kratom regulations, especially as it relates to minors and pregnant women. Currently, many federal agencies, including the FDA and DEA, are studying kratom due to concerns about the abuse potential, quality control, and noted deceptive marketing. Castle Rock Police Department supports the adoption of this Ordinance, noting that it is prudent for further contemplation of kratom regulations to ensure public health, safety and welfare. Town staff will continue to monitor federal, state, and local regulations while also communicating with kratom proponents to contemplate collaborative regulations for presentation to Council.
The Ordinance (Attachment A) provides for a temporary suspension on the establishment of businesses related to kratom sales, including retail establishments selling kratom for human consumption.
Recommendation
Staff recommends approval of the Ordinance as presented.
Proposed Motion
I move to approve the Ordinance as introduced by title on an emergency basis, on first and final reading.
Attachments
Attachment A: Ordinance No. 2018-XX