ORDINANCE NO. 251028
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Sponsor: Mayor Quinton Lucas and Councilmembers Nathan Willett and Johnathan Duncan
Amending Chapter 50, Code of Ordinances, by enacting a new section 50-206 and 50-207 for the purpose of prohibiting the sale of certain psychoactive substances and dangerous chemical inhalants within the City.
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WHEREAS, a number of vape shops, convenience stores, gas stations, and smoke shops within Kansas City sell products such as Kratom, 7-OH, Delta-8 and Delta-9 THC edibles and drinks, hemp-derived cannabinoids, nitrous oxide, K2, bath salts, amanita mushroom products, tianeptine, and other chemical analogues designed to produce psychoactive or intoxicating effects; and
WHEREAS, these products are currently sold with little oversight, regulation, and enforcement and pose health and public safety concerns; and
WHEREAS, residents and community members have reported that unregulated psychoactive substances have contributed to addiction, dependence, and significant health harms among their loved ones;
WHEREAS, the Kansas City Health Department (“KCHD”) has reported that the Overdose Fatality Review Board recently examined a case involving a polysubstance overdose in which Kratom was detected on the autopsy toxicology screen, and the Board is continuing to monitor and evaluate future cases involving these substances; and
WHEREAS, KCHD advises that there are no FDA-approved medical uses for Kratom or its alkaloids, that Kratom is not legally marketed in the United States as a drug product, dietary supplement or food additive, and that federal health agencies warn against its use; and
WHEREAS, on November 6, 2025, the City passed Committee Substitute for Resolution 250942, which directed the City Manager to evaluate kratom regulations in other Missouri municipalities and make recommendations within thirty (30) days for any necessary code amendments to regulate kratom in the City; and
WHEREAS, KCHD notes that hemp-derived intoxicating cannabinoids such as Delta-8 and Delta-9 THC edibles and drinks have not been evaluated or approved by the FDA for safe use in any context, and the Missouri Department of Health and Senior Services has advised Missourians to avoid these products; and
WHEREAS, KCHD reports that nitrous oxide is not approved by the FDA for recreational use and that it has issued strong warnings regarding misuse outside of approved medical, dental, food processing or industrial settings; and
WHEREAS, while the sale of drug paraphernalia intended for illegal drug use is prohibited under existing City Code, operators of certain vape stores, convenience stores, liquor stores, and smoke shops frequently deny knowledge of the illicit purpose of such items, even when the manner of marketing, display, or sale indicates the products are used to facilitate illegal drug consumption, thereby contributing to public health and public safety harms, neighborhood instability, and diminished economic vitality within Kansas City; and
WHEREAS, the City’s Public Safety Task Force has observed that several businesses associated with nuisance activity or repeated disorder incidents sell certain unregulated substances and drug paraphernalia, and the Task Force routinely recommends that these businesses discontinue the sale of such products in order to reduce nuisance conditions and improve safety on and around the premises; and
WHEREAS, these recommendations from the Task Force reflect ongoing concerns that the availability of these unregulated substances and drug paraphernalia contributes to conditions that negatively impact public safety, neighborhood stability and the effective use of City resources; and
WHEREAS, the purpose of this ordinance is to prohibit the sale and distribution of drug paraphernalia marketed, intended, or used for illegal drug consumption, as well as the sale of nonscheduled substances, including Novel Synthetic Drugs and Novel Psychoactive Drugs, and to prevent the operation of businesses whose sale of such items contributes to crime, disorder, and public health harms within the community; and
WHEREAS, regulating the sale of these products is reasonable and necessary to protect the health, safety, and welfare of Kansas City residents and to prevent the continued availability of unregulated substances and products that pose clear risks to individuals and neighborhoods; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That Chapter 50, Code of Ordinances, is hereby amended by enacting a new Section 50-206, Prohibition on sale or distribution of psychoactive substances, and Section 50-207, Prohibition on sale or distribution of dangerous chemical inhalants, to read as follows:
Sec. 50-206. Prohibition on sale or distribution of nonscheduled psychoactive substances and
novel synthetic drugs.
(a) Definitions. As used in this section, the following words shall mean as follows:
(1) Analog means a substance the chemical structure of which is substantially similar to the chemical structure of a Federal Schedule 1 Drug, a Novel Synthetic Drug, or a Novel Psychoactive Drug or a substance which has, is represented as having, or is intended to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to, or greater than, the stimulant, depressant, or hallucinogenic effect on the central nervous system of a Federal Schedule I Drug, a Novel Synthetic Drug, or a Novel Psychoactive Drug.
(2) Business owner means any person with legal ownership of a licensed business establishment.
(3) Drug paraphernalia means any product meeting the definition of drug paraphernalia in section 50-201(3), excluding any products primarily used in the consumption of marijuana or any item, product or material designed for, marketed for, intended for or commonly used for the ingestion, inhalation, consumption or administration of any of any product the sale of which is prohibited by this section, including items that facilitate the psychoactive effect of such substances.
(4) Intoxicating Cannabinoids means any natural, semi-synthetic, of fully synthetic material, compound, mixture, or preparation, either present or not in the plant Cannabis sativa L, that can produce an intoxicating effect the same as or similar to Tetrahydrocannabinol by binding to endocannabinoid receptors in humans or animals, including:
i. Semi-synthetic cannabinoids, which shall mean a cannabinoid, including any derivative from such cannabinoid, that is derived from hemp or marijuana by any chemical or natural process, including, but not limited to, the following:
1. THCA;
2. THCA-C4;
3. THCA-A;
4. THCA-B;
5. Delta-8 THC;
6. Delta-10 THC;
7. Delta-11 THC;
8. OTHC;
9. triOH-THC;
10. THC-C4;
11. THC-P;
12. HHC;
13. THC-JD;
14. THC-X;
15. THC-O; and
16. HHC-P.
ii. Synthetic cannabinoids, which shall mean any synthetic material, compound, mixture, or preparation that contains any quantity of a substance that is a cannabinoid receptor agonist, including but not limited to:
1. Any substance listed in paragraph (II) of subdivision 4 of subsection 2 of section 195.017 RSMo.;
2. Any analogues; homologues; isomers, whether optical, positional, or geometric; esters; ethers; salts; salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible within the specific chemical designation;
3. THC-V;
4. THC-B;
5. THC-H; and
6. THC-P.
(5) Intoxicating cannabinoid product means a product that contains or that is labeled as containing an Intoxicating Cannabinoid and that is produced, marketed, or otherwise intended to be ingested orally, inhaled, or absorbed through the skin, including intermediate products intended for subsequent use as a component in a later finished intoxicating cannabinoid product.
(6) Kratom product means any part of the plant Mitragyna speciosa or any food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the leaf of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such plant or its leaf including, but not limited to, any powder, capsule, pill, beverage, or other edible product intended for human consumption.
(7) Licensed business establishment means any business operating within the City pursuant to a license or permit issued by the City.
(8) Novel psychoactive drug means any compound, mixture, preparation, or substance, or its analog (including salts, isomers, esters, ethers, and salts of isomers), containing substances which have a psychedelic, psychotropic, hallucinogenic or other effect on the central nervous system or brain similar to the effect of any Federal Schedule I Drug or Federal Schedule II Drug, as listed in 21 C.F.R. §§ 1308.11 - 1308.12.
(9) Novel psychoactive drug product means a product that contains or that is labeled as containing a Novel Psychoactive Drug and that is produced, marketed, or otherwise intended to be ingested orally, inhaled, or absorbed through the skin, including intermediate products intended for subsequent use as a component in a later finished novel psychoactive drug product.
(10) Operator means any person who manages, directs, or controls the day-to-day operations of a licensed business establishment.
(b) Sale or distribution prohibited. It shall be unlawful for any business owner or operator to cause, direct, authorize, or allow the sale, offering for sale, display for sale, or distribution of novel psychoactive drug product, intoxicating cannabinoid product, kratom product, or drug paraphernalia within the City.
(c) Suspension or Revocation of Business License.
(1) No person holding a business license validly issued under Chapter 40 of this Code and owning or operating a business in the City may use that business to provide, distribute, or sell any novel psychoactive drug product, intoxicating cannabinoid product, kratom product, or drug paraphernalia. A violation of this section by any owner, operator, manager, employee, or agent of the business is an administrative offense that constitutes grounds for suspension or revocation of a business license under Section 40-28 of the Code. A formal finding of guilt for violation of this section shall not be necessary to initiate proceedings under this subsection (c).
(2) The Director of the Multidisciplinary Public Safety Task Force or their designee is authorized to inspect licensed businesses, document violations of this section, issue notices of violation, and forward such notices to the Commissioner of Revenue, Director of Finance, or such other employee of the Department of Finance designated by the Director of Finance for enforcement of this section.
(3) Upon receiving notice of a violation of this section from the Director of the Multidisciplinary Public Safety Task Force, the Commissioner of Revenue, Director of Finance, or such other employee of the Department of Finance designated by the Director of Finance for enforcement of this section may initiate proceedings to suspend or revoke the business license pursuant to the procedures providing in Chapter 40 of this Code. Each day a violation occurs shall be considered a separate offense for purposes of administrative enforcement. Notice and hearing procedures shall follow those set forth in Chapter 40 of this Code, and the procedures provided in this section shall be in addition to any procedures provided in Chapter 40 for the suspension or revocation of business licenses.
(d) Penalties. Any person found guilty of a violation of this section shall be punished by imprisonment at the municipal correctional institution for not less than 15 days and not more than six months, a fine of not less than $750.00 and not more than $1,000.00, or by both such fine and imprisonment. Each day that a violation of this section continues shall be deemed a separate offense and shall be proceeded against as in the first instance.
(e) Evidentiary factors. The following nonexclusive factors, in addition to any additional facts or circumstances specific to any potential violation of the provisions of this section, may be considered to determine whether the sale of a product violates the provisions of this section:
(1) Age restrictions. The product label contains a restriction that it is not for sale to minors or anyone under the age of 18 when the product’s marketed use would not contain such restrictions;
(2) Business type and sales context: The product is sold in businesses commonly associated with psychoactive products, such as vape shops, smoke shops, convenience stores or liquor stores, rather than establishments where legitimate comparable items are ordinarily sold;
(3) Display: The product is displayed in a manner which is inconsistent with legitimate goods, including being hidden from view, kept behind a counter, placed in locked cases, or otherwise obtainable only through restricted or nonstandard means;
(4) Documented impacts at the business. The sale or use of the product has been associated with documented public safety or public health concerns, including nuisance activity, disorderly conduct, calls for service, public intoxication or public incapacitation near the business.
(5) Effect. Aspects of the packaging or labeling suggesting the user will achieve a “high,” euphoria, relaxation, mood enhancement, or that the product has other psychoactive or psychotropic effects on the brain or body;
(6) Marketing or representations. The product is not suitable for its marketed use or is marketed, described, or represented as producing psychoactive, intoxicating, or mood altering effects, including through verbal statements, signs, or promotional materials;
(7) Price. The product is significantly more expensive than comparable products legitimately used for that product’s marketed purpose, such as standard potpourri, essential oils, or herbal incense;
(8) Sales location. The business providing, displaying for sale, distributing or selling the product does not typically provide, distribute or sell products legitimately used for the product’s stated or marketed purpose;
(9) Similarity to illicit street drugs and controlled substances. The product resembles the form, appearance, texture, presentation, or consistency of an illicit street drug (such as cocaine or methamphetamine), a controlled substance (such as opiates), any combination thereof, or is packaged in a manner commonly associated with such substances;
(10) Warning labels or packaging. The product contains labeling or packaging not typically present on products that are used for that product’s marketed purpose, including, but not limited to, disclaimers such as “not for human consumption,” “incense,” “plant food,” “potpourri,” or other terminology inconsistent with the product’s form; and
(11) Verbal or written communication. Employees, agents, customers, or other individuals provide verbal or written representations regarding the purpose, methods, use, or effect of the product.
(12) The factors listed in subsections 1 through 11 above may be considered individually or collectively, and no single factor is required to determine that a product the sale of which is prohibited by this section.
(f) Public nuisance declared. In addition to any penalty authorized by this section, a violation of this section is hereby deemed and declared to constitute a public nuisance.
(g) Notwithstanding the foregoing, this section is not intended to apply to any drug or chemical compound regulated by Missouri law or approved by the United States Food and Drug Administration and dispensed or possessed in accordance with state and federal law.
Sec. 50-207. Prohibition on sale or distribution of dangerous chemical inhalants for
recreational use.
(a) Definition. For the purposes of this section, the term dangerous chemical inhalant means substances containing butyl nitrite, nitrous oxide, and amyl nitrite in any form.
(b) It shall be unlawful for any person to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver any dangerous chemical inhalants:
(1) In any tobacco retailer, head shop, vape shop, liquor store, convenience store, or in any other context or business location where the dangerous chemical inhalant distributed for human consumption, regardless of the labeling of, or packaging of, the product asserting any claim to the contrary; or
(2) In any packaging or with flavoring marketed to entice human consumption as opposed to a recognized lawful use.
(c) Suspension or Revocation of Business License.
(1) No person holding a business license validly issued under Chapter 40 of this Code and owning or operating a business in the City may use that business to provide, distribute, or sell any dangerous chemical inhalant. A violation of this section by any owner, operator, manager, employee, or agent of the business is an administrative offense that constitutes grounds for suspension or revocation of a business license under Section 40-28 of the Code. A formal finding of guilt for violation of this section shall not be necessary to initiate proceedings under this subsection (c).
(2) The Director of the Multidisciplinary Public Safety Task Force or their designee is authorized to inspect licensed businesses, document violations of this section, issue notices of violation, and forward such notices to the Commissioner of Revenue, Director of Finance, or such other employee of the Department of Finance designated by the Director of Finance for enforcement of this section.
(3) Upon receiving notice of a violation of this section from the Director of the Multidisciplinary Public Safety Task Force, the Commissioner of Revenue, Director of Finance, or such other employee of the Department of Finance designated by the Director of Finance for enforcement of this section may initiate proceedings to suspend or revoke the business license pursuant to the procedures providing in Chapter 40 of this Code. Each day a violation occurs shall be considered a separate offense for purposes of administrative enforcement. Notice and hearing procedures shall follow those set forth in Chapter 40 of this Code, and the procedures provided in this section shall be in addition to any procedures provided in Chapter 40 for the suspension or revocation of business licenses.
(d) Penalties. Any person found guilty of a violation of this section shall be punished by imprisonment at the municipal correctional institution for not less than 15 days and not more than six months, a fine of not less than $750.00 and not more than $1,000.00, or by both such fine and imprisonment. Each day that a violation of this section continues shall be deemed a separate offense and shall be proceeded against as in the first instance.
(e) Notwithstanding the foregoing, the prohibitions of this subsection shall not apply to the following:
(1) The care of treatment of a disease, condition, or injury by a licensed medical or dental practitioner;
(2) Manufacturing process or industrial operations; or
(3) Propellant in food preparation for restaurants, food service, or housewares products when such retailer is regularly involved in such business.
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Approved as to form:
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Andrew Bonkowski
Assistant City Attorney