PHILADELPHIA – A Philadelphia ordinance restricting the sale of intoxicating hemp and kratom products takes effect Thursday, Nov. 12, with violations carrying fines of up to $2,000 a day.
What we know:
The ordinance, which City Council passed in June and Mayor Cherelle Parker signed in September, adds a new chapter to the city code covering what it calls “intoxicating substances,” a category that includes both intoxicating hemp products and kratom products. It treats the two very differently.
- Kratom: The ordinance makes it unlawful to sell a kratom product that’s been mixed or packed with a non-kratom substance to the point that it’s harmful to a consumer; that contains a kratom extract with solvent residue above a national pharmaceutical standard; that contains more than 2% 7-hydroxymitragynine as a share of its overall alkaloid content; or that contains any synthetic version of those compounds.
- Hemp: The ordinance makes it unlawful to sell any substance that federal law excludes from the definition of hemp, citing the Agricultural Marketing Act of 1946. There’s no list of products in the city code and no THC threshold. Both come from federal statute.
The ordinance also bars the sale of any intoxicating substance that isn’t approved as a dietary supplement or safe food additive, or that doesn’t have an approved application on file with the federal Food and Drug Administration. And it prohibits selling these products to anyone under 21.
$2,000 fine
Dig deeper:
The ordinance treats a violation as what the city code calls a Class III offense, which carries a maximum fine of $2,000. And every day a violation continues to count as a new offense.
Permits possible
Local perspective:
The ordinance creates a retailer permit ($300 to apply, $300 to renew, $50 if you’re late), but only for a fixed storefront that isn’t within 500 feet of a school, public playground, park, swimming pool, recreation center, library or child care facility.
On top of that, the bill names roughly 180 commercial corridors and business improvement districts where no permit can be issued at all, including Center City, Old City, Kensington Avenue, Frankford Avenue, 52nd Street, Germantown Avenue and much of the Northeast. Permit holders would also have to get products tested at a federally registered lab licensed in Pennsylvania, and label them to show they pass.
However, the ordinance states that the permit section takes effect only once the city issues regulations, which have yet to be announced.
Federal dates
Big picture view:
According to the Congressional Research Service, the amended federal hemp definition arrives in two stages.
On Nov. 12, federal law will exclude hemp products containing cannabinoids the cannabis plant can’t produce on its own: the semisynthetic compounds. On Dec. 11, under a continuing resolution Congress passed in September, two more limits will take effect: a 0.3% cap on total THC by weight, and a cap of 0.4 milligrams of THC per container for finished products.
CBD Kratom responds
What they’re saying:
CBD Kratom, which says it operates three Philadelphia stores in Center City West, on South Street and in Wynnefield Heights, asked Council to reconsider the bill before Thursday.
“We respect the Council’s commitment to consumer safety, but we are concerned this bill moved forward without adequate consideration of the scientific research, industry expertise, and testimony provided by Philadelphia residents who rely on these products,” said Jason Brandl, chief operating officer at CBD Kratom, in a June 10 statement. “The goal should be a regulatory framework that protects consumers while preserving a pathway for compliant, responsible operators to continue serving adult consumers.”
The company argues that requiring FDA approval effectively ends sales of natural-leaf kratom, since no practical approval pathway exists for those products.
What we don’t know:
- Which hemp products are actually off-limits Thursday: Since the city bans whatever federal law excludes, and parts of that federal definition take effect Nov. 12 while others wait until Dec. 11, the ordinance alone doesn’t make clear which hemp products the city considers banned on day one.
- How enforcement starts: The ordinance includes no grace period and doesn’t say whether the city will inspect stores or respond to complaints.
- How many businesses are affected: The city hasn’t released a count.
What’s next:
The ordinance takes effect Thursday; the permit system stays on hold until the city writes regulations; and the rest of the federal hemp rules take effect Dec. 11.
The Source: The certified copy of Philadelphia Bill No. 260163, Philadelphia Code § 1-109(3) on Class III penalties; Congressional Research Service reports IF13136 and LSB11496; and a June 10, 2026, statement from CBD Kratom.
