Council passes new regulations on Kratom and Nitrous Oxide sales
The ordinance prohibits the sale and distribution of these substances to minors while establishing strict retail display and labeling requirements for local merchants. Council members described the measure as a proactive step to protect youth and vulnerable residents from unregulated products currently sold in retail establishments.
14 votes14 passed
The vote behind the headline
Passage of Kratom and Nitrous Oxide Ordinance (as amended):Council advanced an ordinance restricting Kratom and nitrous oxide sales to minors and adding labeling requirements.
Yes 7 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
What this was about
This ordinance serves to regulate the sale, distribution, and provision of nitrous oxide and Kratom products within Kershaw County, specifically targeting youth by establishing age restrictions and retail display requirements. During the second reading process, Councilman Danny Catoe introduced an amendment to ensure the county's age restriction for Kratom products aligns with current state law, which sets the age at 21. Council members discussed the necessity of these regulations to protect minors and vulnerable adults from unregulated products that are increasingly appearing in local convenience stores and gas stations. The measure underscores a proactive approach by Council to curb the accessibility of these substances, which have been linked to health risks and misuse. The second reading of the ordinance passed with a 3-0 vote, with some members noted as absent or on-call during the proceedings. This legislative action represents a local effort to fill gaps in state regulations regarding these specific retail items.
The Council formally adopted the agenda for the February 10, 2026, meeting following a motion to amend. Vice-Chairman Russell Brazell requested the addition of a new proclamation to the agenda, which was designated as item 5B. The motion to adopt the agenda as amended passed with a unanimous 7-0 vote. This procedural step ensures all items discussed during the session are officially recorded and authorized for action by the governing body. The meeting then proceeded to the scheduled proclamations and presentations.
Councilman Sammie Tucker Jr. sponsored and read the proclamation declaring February 2026 as Black History Month in Kershaw County. The measure honors the resilience and contributions of African Americans in various fields including government, business, and civil rights. The proclamation highlights the national theme of Black innovation and calls for residents to participate in educational activities that promote equity and inclusion. Council members expressed personal support, noting the importance of recognizing the history of the local African American community.
Proclamation Honoring Councilman Jimmy Jones on his 75th Birthday:Council honored Jimmy Jones for his 75th birthday and his long service to the county.
Yes 7 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Sammie Tucker Jr.✓ Jimmy Jones✓ Danny Catoe✓ Russell Brazell✓ Derek Shoemake✓ Brant Tomlinson
Vice-Chairman Russell Brazell presented a birthday proclamation to Councilman Jimmy Jones, celebrating his 75th birthday and his extensive career in military, law enforcement, and government service. The proclamation recognizes Jones as a beacon of wisdom and strength within the Kershaw County Council. Council members took the opportunity to share positive remarks about Jones's tenure and dedication to his constituents. The move was a celebratory gesture marking a milestone for a long-serving public official.
Rick Jay from the Recreation Advisory Commission provided updates on the construction of several local parks. KC West is 98% complete, Copeland Park is finished, Boyd Young Park is at 99%, and Woodward Park is currently at 80-85% due to weather delays. Jay also noted significant growth in youth athletic participation, with 741 children currently enrolled in baseball. Discussion included potential measures to mitigate vandalism at these facilities, such as installing fencing and increasing sheriff patrols. The Council emphasized that finishing the projects correctly is a priority over meeting strict opening deadlines.
Derial Ogburn, Chairman of the Kershaw Health District, reported on the district's strategic progress, including the development of a Life Plan Community and the transfer of land for a new indoor recreation facility. The district distributed approximately $650,000 in grants during 2025 and established new focus areas such as mental health and aging population support. Ogburn highlighted the partnership with MUSC, which is helping to manage the hospital and plan for a future family medicine intern program starting in 2028. Council members praised the district for its financial stability and its successful management of community health assets.
Approval of January 27, 2026 Minutes:Council approved the minutes from the previous meeting held on January 27, 2026.
Yes 6 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
What this was about
The Council reviewed and approved the minutes from the regular meeting on January 27, 2026. Councilman Sammie Tucker Jr. abstained from the vote because he was absent during that specific meeting. This action follows the standard administrative procedure for maintaining accurate official records of council proceedings.
Third Reading: Rezone 16.68 Acre Parcel at 1187 Black River Road:Council approved rezoning a 16.68-acre parcel at 1187 Black River Road from rural to rural development.DevelopmentRoads
Yes 7 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
What this was about
This ordinance amends the official zoning map of Kershaw County to rezone a 16.68-acre parcel located at 1187 Black River Road, Camden, South Carolina (TMS# 329-00-00-086). The property is being rezoned from RD-1 (Rural Development District) to MRD-1 (Rural Development District). This change was requested to facilitate the placement of a mobile or modular home on the property for residential use. The measure passed through all three required readings, with the third reading receiving a unanimous 7-0 vote. There were no substantive changes made to the ordinance between the first, second, and third readings. This zoning adjustment is a routine matter handled by Council to ensure land use aligns with the specific housing needs of property owners in rural districts. No public opposition was noted during the proceedings, and the ordinance is now officially enacted to allow the owner to proceed with their intended residential development on the site.
Third Reading: Amendment to Chapter 24 regarding Public Boat Landings:Council passed updated regulations for public boat landings to address safety and behavioral concerns.
Yes 7 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
The Council approved third reading of an ordinance amending Chapter 24 to regulate activities at public boat landings. The new rules aim to curb concerns like sleeping in vehicles, intoxication, and other prohibited behaviors at these sites. The amendment ensures that all county-owned boat landings operate under consistent and enforceable standards. Officials noted that the regulation remains flexible enough to keep access available for hunters and night fishermen while providing law enforcement tools to handle nuisances.
Passage of Kratom and Nitrous Oxide Ordinance (as amended):Council advanced an ordinance restricting Kratom and nitrous oxide sales to minors and adding labeling requirements.
Yes 7 · No 0
▸detailsless
How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
What this was about
This ordinance serves to regulate the sale, distribution, and provision of nitrous oxide and Kratom products within Kershaw County, specifically targeting youth by establishing age restrictions and retail display requirements. During the second reading process, Councilman Danny Catoe introduced an amendment to ensure the county's age restriction for Kratom products aligns with current state law, which sets the age at 21. Council members discussed the necessity of these regulations to protect minors and vulnerable adults from unregulated products that are increasingly appearing in local convenience stores and gas stations. The measure underscores a proactive approach by Council to curb the accessibility of these substances, which have been linked to health risks and misuse. The second reading of the ordinance passed with a 3-0 vote, with some members noted as absent or on-call during the proceedings. This legislative action represents a local effort to fill gaps in state regulations regarding these specific retail items.
Second Reading: Kratom and Nitrous Oxide Ordinance:Council approved the second reading of the Kratom and Nitrous Oxide ordinance with a specific amendment.
Yes 3 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Derek Shoemake✓ Danny Catoe
What this was about
During the second reading of the ordinance to regulate Kratom and Nitrous Oxide, Councilman Danny Catoe introduced an amendment to ensure the Kratom age restriction aligned with state law (21 years old). The amendment was passed by a 5-0 vote, followed by the approval of the ordinance as amended. This reading solidified the policy move before the final third reading.
PASSEDFor 3 · Against 0 (R. Brazell on-call, S. Tucker Jr. absent)
Tomlinson Amendment to Hemp and Cannabinoid Ordinance:Council approved increasing the required separation distance for hemp retail stores to 2,000 feet.
Yes 7 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Russell Brazell✓ Sammie Tucker Jr.✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
Councilman Brant Tomlinson proposed an amendment to the hemp and cannabinoid zoning ordinance to increase the required buffer distance between hemp retail establishments and sensitive sites - such as schools, parks, and religious organizations - from 500 feet to 2,000 feet. The motion passed unanimously. This adjustment brings the setback requirements for these businesses into line with those applied to sexually oriented businesses in the county.
Council approved the third reading of an ordinance amending the Unified Code of Zoning and Land Development Regulations regarding hemp-derived and synthetic cannabinoid products. The measure designates retail sales of these products as a conditional use in specific zoning districts, subject to operational, location, and separation restrictions. The ordinance includes a 2,000-foot separation distance from protected facilities. The Council emphasized that this regulation is intended to provide enforcement tools while the county waits for broader state or federal action on intoxicating hemp products.
Catoe Amendment to Hemp and Cannabinoid Ordinance:Council accepted Planning Commission recommendations and modified existing use definitions for hemp stores.
Yes 5 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Derek Shoemake✓ Jimmy Jones✓ Brant Tomlinson✓ Danny Catoe
What this was about
During the second reading of the hemp ordinance, Councilman Danny Catoe introduced an amendment to adopt the Planning Commission’s recommendations, except for allowing hemp retailers in the General Business (B-2) district. He further amended the section on existing nonconforming uses to clarify that any expansion or relocation of an existing hemp shop would require full compliance with the new ordinance. The amendment passed 5-0, excluding two members, and ensured the ordinance effectively manages existing businesses while setting new standards.
PASSEDFor 5 · Against 0 (R. Brazell on-call, S. Tucker Jr. absent)
Routine procedural votes (Enter/Exit Executive Session, Adjourn):Council entered and exited executive session to receive legal advice and then adjourned the meeting.
Yes 6 · No 0
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How they voted - unanimous
✓ Ben Connell✓ Brant Tomlinson✓ Danny Catoe✓ Derek Shoemake✓ Jimmy Jones✓ Sammie Tucker Jr.
The Council entered an executive session to discuss potential contractual arrangements and receive legal advice concerning pending claims. Following the discussion, they exited the executive session and took no formal votes on the matters discussed. The meeting concluded shortly thereafter with a motion to adjourn at 8:17 p.m.
Council heard updates on the progress of several county parks, including KC West, Copeland, Boyd Young, and Woodward Park, noting that construction is largely complete but progress has been impacted by recent weather conditions.
The Kershaw Health District provided an update on their strategic planning, including the development of a Life Plan Community and upcoming intern programs for family care physicians.
Council also discussed the ongoing "Smart Growth" committee's work on land development regulations and plans for upcoming budget retreats.
Public comment▸showhide
Jacob Hodges, a local Boy Scout, addressed the Council as part of his requirements for the Citizenship in the Community merit badge.
Coming up▸showhide
Council will hold a budget retreat on Friday, February 13, 2026, at 9:00 a.m. at the Revolutionary War Center.
This is an independent summary prepared from the county's official published minutes and the meeting's live stream, not an official county communication.
How this recap was made: Prepared from the county's official minutes (the verified vote record) combined with the meeting's live stream (quotes and discussion). This is an automated summary written by software (a neural-network summarizer working from the documents above). Rely on the official county record for anything important.
