Moses Lake City Council votes to place restrictions on kratom sales

MOSES LAKE — Moses Lake City Council members approved restrictions on the sale of products containing kratom, both from the plant and synthetic derivatives. Sales will be restricted to people 21 years of age and older. 

The ordinance passed on a unanimous vote. Violators will be subject to fines; the first offense will be $1,000, with $3,000 for the second offense and $5,000 for the third offense.  

The ordinance was approved after lengthy discussions that spanned two council meetings, drawing testimony during the public hearing from throughout the country. Councilmembers discussed the option of a total ban on all sales but decided to restrict it to children and youth less than 21 years of age. 

Councilmember Mark Fancher said at an earlier council meeting that he asked a neighbor, who was under 21, to buy some, just to see if it was possible, and it was.  

“I really struggle with the idea that a middle school kid can walk into any gas station and get it,” Fancher said. “We have other regulated substances – cannabis, alcohol, tobacco – they're all age restricted.” 

Councilmember Joel Graves said he thought a full ban was the best option. 

“I don’t think we have the votes on our city council to support a full ban unless somebody changes their mind,” Graves said. “If we wanted to consider a 21 and over ban, I think that’s better than nothing.” 

Councilmember David Skaug said he was skeptical of a total ban. 

“I think a total ban does not necessarily accomplish what we’re hoping to accomplish. I do think it is important that (people) under 21 don’t have access to it, or at least ready access,” Skaug said. 

Skaug also expressed concern about enforcement. Moses Lake Police Captain Mike Williams said enforcement, while being extra work, could be done. 

“If you were to make it accessible for 21 and over, it would be locked up somewhere behind the counter similar to where cigarettes and chew are,” Williams said. “Then you’d be requiring them to check IDs when people are actually purchasing. There would be enforcement challenges, but you’re not considering banning possession of it. We’re only talking about the sale of it.” 

Katherine Kenison, the city’s attorney, said a bill to regulate kratom was introduced during the 2026 Washington legislative session but ultimately failed to pass. It’s likely to be reintroduced in 2027, she said, and if passed would supersede local regulations. 

The U.S. Food and Drug Administration recommended July 1 that 7-hydroxymitagynine, the active ingredient in kratom, be classified as a Schedule 1 drug. That recommendation is still under review by the Drug Enforcement Administration. Schedule 1 drugs are defined as drugs that have no currently accepted medical use and a high potential for abuse, according to the DEA. 

That recommendation is still under review, Kenison said, but any federal regulation also would preempt local regulation.