Westford Board of Health asks staff to draft local regulation aimed at synthetic kratom products after expert briefing

Cheryl, a regional public‑health presenter, told the Westford Board of Health on Feb. 9 that kratom in its natural leaf form has historical use for pain and opioid‑withdrawal support but that a growing market of lab‑produced, adulterated kratom products is creating a new public‑health risk. "What we're seeing now is adulterated synthetic kratom products... being sold as gummies, as teas, as shots, as pills in convenience stores," Cheryl said, adding that many products are mislabeled as herbal supplements and are unregulated.

The presenter told the board there is no federal ban on all kratom products, that the DEA has considered scheduling products containing a lab‑derived alkaloid referred to in the briefing as "7‑OH," and that the FDA has issued warnings restricting some uses in food. She said seven bills have been filed in the Massachusetts legislature this session with different approaches—some would classify 7‑OH as a controlled substance, effectively banning many products, while others would regulate the plant and restrict sales to adults. Cheryl said she was aware of 13 Massachusetts municipalities that have either banned or regulated kratom products, and she described Northampton’s experience moving from targeted regulation to a full ban after health inspectors found mostly synthetic products in retail outlets.

Board members pressed staff about enforcement burdens and whether a permitting system could require manufacturers to certify natural leaf products. Joanne suggested permitting tied to manufacturer certification: "...you have to prove to us that this is a natural leaf in order to get a permit," she said. Cheryl and Ray, staff, cautioned that manufacturer attestations have been unreliable in other regulatory contexts and that enforcement can be labor‑intensive if inspectors must examine individual products at retail.

The chair (no personal name stated in the transcript) summarized the local concern about availability to minors and the limited local presence of true whole‑leaf kratom in retail stores, and said a complete local ban would likely not block access for people who obtain natural kratom online. "Personally, I would be for, you know, probably copying the Northampton language and passing a regulation," the chair said.

The board did not take a formal vote to ban kratom at the meeting. Instead, members asked staff to prepare a draft local regulation based on Northampton’s language and to bring that draft to the next meeting for consideration. Ray said staff would prepare the draft and notify retail establishments so they could be ready for public‑hearing requirements under state law.

The board’s directive is procedural: it asks staff to prepare regulatory language and does not itself enact a ban. Any local regulation will require public notice and the statutory public‑hearing process before it takes effect.