As the state starts cracking down on kratom, Deerfield is the latest Franklin County town to take action against the substance, enacting a ban against all kratom products that follows the lead of Greenfield and a slew of other municipalities across Massachusetts.
Kratom is an herbal extract that is sold in several forms, including powders, capsules, gummies, brewed teas and shots. At low doses, kratom’s effects resemble a stimulant, while at higher doses, users describe pain-relieving and relaxing effects like a sedative, according to the Mayo Clinic.
Unlike natural kratom leaf products, synthetic kratom can contain higher concentrations of 7-hydroxymitragynine (7-OH), a potent opioid derived from the plant.
The U.S. Food and Drug Administration (FDA) has warned consumers against kratom, citing risks of liver toxicity, seizures, substance use disorder and, in rare cases, death. In July, the U.S. Drug Enforcement Agency (DEA) filed its intent to temporarily place synthetic 7-OH under Schedule 1 of the Controlled Substances Act alongside heroin, LSD, marijuana, MDMA, methaqualone, peyote and other drugs that the federal Department of Health & Human Services has determined have no medical use and a high potential for abuse.
In the meantime, Massachusetts Department of Public Health Commissioner Dr. Robert Goldstein issued an emergency order on Thursday classifying all forms of kratom as Schedule 1 under Massachusetts law for up to a year. The order will take effect following a 14-day notice period.
The move gives local boards of health and other municipal officials additional authority to take enforcement action against retailers selling kratom products.
“In public health, we need to be nimble, responding to new and emerging threats with evidence-based actions,” Goldstein said in an announcement of the emergency order.
“Until now, kratom products were largely unregulated in Massachusetts,” Cheryl Sbarra, executive director of the Massachusetts Association of Health Boards, said in a statement. “We are increasingly concerned about their use, especially among young people, because these products are readily available in convenience stores across the commonwealth. The governor’s action today will help protect residents — particularly young people — from the effects of these unregulated, hallucinogenic products.”
As part of the statewide effort, the Department of Public Health is also providing information and guidance to local boards of health, health care providers and substance use treatment programs about the health risks associated with kratom, and available treatment and recovery services. The department plans to hold an informational webinar for local public health officials.
“Dangerous kratom products are being sold in stores across Massachusetts with little oversight, and people — including children — often have no way of knowing what they’re buying or how potent it is,” Gov. Maura Healey said in a statement. “Customers should be able to trust that the products being sold in stores are safe. We’re taking action to protect young people and residents, give communities the tools to get dangerous products off store shelves, and make sure anyone struggling with dependence can get the treatment and support they need.”
Massachusetts’ House Committee on Ways and Means is also reviewing a bill that would ban the sale of synthetic kratom and products with 7-OH levels above 2% of the product’s overall alkaloid makeup. According to the FDA, 7-OH typically takes up less than 2% of kratom leaves’ total alkaloid content.
If state legislators sign this bill into law, violators would face up to a $500 fine for the first offense and up to a $1,000 fine for further offenses. Those who sell kratom to customers under 21 years of age would face a $1,000 fine.
Without federal and state regulations yet in place, the Deerfield Board of Health voted to enact its own ban on Aug. 5 for “the manufacturing, sale and distribution of kratom, synthetically derived cannabinoids and unregulated novel intoxicating products.”
The regulation defines “unregulated novel intoxicating products” as any substance, compound or mixture intended for human use that contains “psychoactive, intoxication or mood-altering effects” and lacks regulation by the FDA or state or federal law. Although “synthetically derived cannabinoids” are prohibited under the new regulation, the ban clarifies that cannabis products sold through state-licensed dispensaries are permitted.
The ban claims that these products “pose an emerging threat to public health, particularly among youth and vulnerable populations,” as well as lack oversight, proper labeling, dosage guidelines and ingredient transparency. They are sold at stores “with limited safeguards.”
Violators of Deerfield’s ban will face a $1,000 fine and the Board of Health may suspend or revoke their permits. A first offense will lead to a three-day suspension, a second offense will lead to a seven-day suspension, a third offense will lead to a 30-day suspension, and subsequent offenses or two or more violations within a year could result in revocation of their permits.
During the Deerfield Board of Health’s July 8 meeting, residents from other towns attended virtually to urge board members to leave natural kratom out of a ban, describing how the natural products have alleviated their chronic pain.
At the time, Board of Health member Trevor McDaniel expressed a reluctance for a complete ban that would include natural kratom, rather than just synthetic kratom. However, after gathering more information, he and his fellow members decided to include natural kratom in the ban to be cautious, McDaniel said in a phone interview on Thursday.
Without state or federal regulations, “You don’t know whether you’re getting two servings [of kratom] or 13 servings,” McDaniel said. “We just thought it was safest to stop it all.”
While the Cumberland Farms in South Deerfield sold synthetic kratom products before the ban took effect on Aug. 5, McDaniel said the Board of Health was unaware of any stores in town selling natural kratom.
Deerfield’s ban strongly resembles Greenfield’s ban that will take effect Aug. 31, prohibiting the sale of both synthetic and naturally derived kratom products. Between Aug. 31 and Sept. 14, the Greenfield Health Department will visit stores to check for kratom products, according to Public Health Nurse Megan Tudryn, and fining will not begin until Sept. 14.
These municipalities are not the only ones targeting kratom. Several other Franklin County and North Quabbin communities, including Athol, Colrain and Gill, are also considering kratom bans.
The Gill Board of Health discussed kratom on Tuesday, with members indicating they’d be inclined to take action if the Franklin Regional Council of Governments (FRCOG) were to create a policy model for towns, which FRCOG Health Agent Kurt Schellenberg said the organization is examining.
“I’d lean more toward getting rid of it,” Board of Health member Charles Garbiel II said, voicing concern for the lack of regulations. “It just seems too cowboy-ish right now.”
Board of Health Chair Jeffrey Blomstedt noted that the board received letters from non-residents urging the board to take action to restrict the sale of kratom in Gill.
Blomstedt said he had already checked with management at The Mill gas station along Route 2, and confirmed that kratom products are not sold there. The Spirit Shoppe on Main Road also does not sell kratom.
The Healey-Driscoll administration’s announcement advised that treatment is available for people experiencing kratom withdrawal or dependence, including medications, counseling, peer support and behavioral health services. Individuals seeking help for themselves or a loved one can call or text “HOPE” to 800-327-5050 to reach the Massachusetts Substance Use Helpline, which is available 24 hours a day, seven days a week.
The Department of Public Health has also launched new resources at mass.gov/kratom in an effort to help residents understand the risks, recognize the signs of an overdose, learn how to respond to an overdose, and access treatment and recovery services.
Erin-Leigh Hoffman contributed reporting.
