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Board of Health weighs local regulation for rapidly changing ‘novel’ products sold at head shops
Summary
The board discussed drafting local regulations to address emerging substances sold at convenience stores and head shops, directed staff to research model ordinances and enforcement approaches, and noted potential partnerships with police and the district attorney for testing and enforcement.
At the Jan. 16 Northampton Board of Health meeting, members discussed whether to pursue a local regulation addressing novel psychoactive products and other retail items that staff and board members described as a “whack-a-mole” enforcement problem.
Chair Joanne Levin and other board members said some substances appearing in retail outlets are potentially dangerous yet are not yet illegal, and noted the time lag between new products appearing on shelves and state or federal regulatory responses. Board members discussed the practical difficulties of banning individual products because manufacturers and marketers give them changing names.
Board members and staff suggested several approaches: using broad or “umbrella” regulatory language to capture categories of products rather than single compound names; developing an enforcement partnership with the district attorney’s office and the Northampton Police Department for confiscation and testing; and securing local access to laboratory analysis so staff could verify product contents rather than relying solely on labels.
Staff member Scott Hoiberg was assigned project lead to collect model regulations and example language from other communities and states, and to compile enforcement language used elsewhere, including the Belchertown model that prohibits specific products such as synthetic THC and kratom. Board members asked Scott to assemble a file of model ordinances and regulatory language for review at a future meeting.
No formal regulation was proposed or voted on at the meeting; the board directed staff research and scheduled future consideration. Members emphasized the need to balance education for retailers with a written enforcement component and to consider where capacity for enforcement and testing would come from.
Ending: Staff will gather model regulations, consult with legal partners, and return with proposed language and enforcement options for board review.
