Northampton Board of Health moves to draft ban on synthetic kratom and other synthetic mind-altering products

The City of Northampton Board of Health voted to direct staff to draft a regulation banning the sale and distribution of synthetically derived mind‑altering products, including synthetic cannabinoids and synthetic kratom, and to bring that draft to a public hearing on Aug. 21.

The move came after more than an hour of testimony from medical professionals, recovery advocates and kratom industry representatives that highlighted two recurring themes: vendors and some users say powdered kratom can help control chronic pain or help with opioid withdrawal, while several speakers warned that synthetic, lab‑made products labeled as kratom or sold in convenience stores and vape shops have caused overdoses.

Dr. Shelley Berkowitz, a board‑certified family physician who practices in Northampton, urged the board to ban sales in the city after describing her son’s severe illness and a local hospital‑level detox admission she attributed to a kratom product purchased in downtown Northampton. “I’m Dr. Shelley Berkowitz… I’m here tonight demanding a ban on the sale of kratom Mitragyna speciosa in Northampton,” she said during public comment.

Representatives of the International Plant and Herbal Alliance, including Laura Romney, spoke in support of preserving access to natural kratom leaf when it is produced and labeled according to industry guidance. Romney described kratom as “a tree… used for thousands of years,” said some users rely on the powder for pain management, and stressed a distinction between traditional plant products and concentrated synthetic compounds that researchers have found to have far stronger opioid‑like effects.

John Shinholzer, a recovery‑community advocate, and Dr. Heidi Sikora, a clinician who works with people in recovery, told the board they have seen synthetic, adulterated kratom‑branded products in retail stores and linked those pills and liquids to recent fatal and nonfatal overdoses. “The powder kratom product that so many people rely on — that’s not the culprit here,” Shinholzer said. “It’s these pirated, terrible, adulterated products that have flooded our vape stores nationwide.”

Board members and staff pressed guests for details about how regulation would work. Guests pointed to the Kratom Consumer Protection Act model used in some states (notably Utah) and to local ordinances other Massachusetts towns have adopted. Romney and Heidi Sikora said the Utah model requires manufacturers to register products, limits concentrations of the alkaloid 7‑hydroxy‑mitragynine (described in presentations as a highly potent compound) and requires third‑party laboratory testing and labeling. Romney said Utah’s approach includes an approximate cap on 7‑hydroxy content (often cited in presentations as a 2% cap in some laws) and an age restriction for sales.

Meredith O’Leary, Health Commissioner for the Northampton Department of Health and Human Services, told the board the department had already seen a local overdose associated with a product described as a synthetic kratom tablet and said she was concerned about easy retail access. “Our stores are saturated with these products,” O’Leary said. She urged faster municipal action rather than waiting for the state.

Board members discussed options including an outright ban on synthetics, age limits, location restrictions (for example, allowing sales only in tobacconists or licensed specialty shops), and adoption of manufacturers’ documentation requirements (ingredient lists, serving sizes, third‑party lab reports). Several members said a two‑step approach would speed an immediate public‑health response: (1) prohibit synthetic, lab‑derived mind‑altering products citywide, and (2) develop more detailed regulations governing sale and labeling of naturally derived kratom products.

The board voted unanimously to request a draft regulation banning the sale, distribution and manufacture of synthetically derived mind‑altering cannabinoids and kratom products, using language modeled on a Belchertown regulation cited by staff and advocates. The motion was made by Dr. Suzanne Smith and seconded by Janet Grant; Commissioners Cynthia Swopis and Joanne Levin voted in favor as well. The board directed staff to draft the regulation and scheduled a public hearing on the draft for Aug. 21, 2024. Written comment submissions were encouraged by staff for those who cannot attend.

The board also asked staff to collect additional information before September on: the status of pending state legislation (a draft Massachusetts kratom bill from April 2024 was discussed but its current status was “not specified” in meeting remarks), the Utah registration model and registration lists, third‑party testing practices, and any available local emergency‑response data linking products to overdoses. Department staff indicated they would follow up with copies of the research and regulatory materials cited during the presentation.

The board framed the decision narrowly: it did not act on a citywide ban of natural kratom leaf powder. Instead it approved creating a draft regulation to remove synthetic, adulterated products from retail shelves and to open a public hearing on the draft. The board said it will continue a broader discussion about whether and how to regulate naturally derived kratom — including age and location restrictions and labeling requirements — at future meetings.

What’s next: Department of Health and Human Services staff will prepare a draft regulation based on the Belchertown model for the board’s review and will post the draft and instructions for public comment ahead of the Aug. 21 hearing. The board asked staff to compile relevant research cited during the meeting and to report on any local incidents where kratom or kratom‑branded products were identified in overdose investigations.