Kratom

The Board of Health is reviewing a proposed Kratom Regulation.

The Draft Regulation can be found HERE. 

Background

Kratom is used by millions of Americans, often to manage pain, mood, or opioid dependence. In Massachusetts, Kratom products are currently sold without any federal or state oversight. There are no age restrictions, no labeling standards, and no product testing requirements. A ban would simply push sales into neighboring unregulated communities while eliminating access for responsible adult consumers. Regulation is the better path: it ensures product safety, restricts youth access, and keeps sales transparent and subject to enforcement.

The Kratom Consumer Protection Act (KCPA) is model legislation developed by the American Kratom Association as a regulatory framework for states and municipalities. Rather than banning Kratom, the KCPA establishes consumer safeguards: age restrictions, labeling standards, limits on alkaloid concentrations, and bans on adulterated or synthetic products. As of 2025, over 20 states have adopted KCPA-style legislation, including Arizona, Colorado, Florida, Georgia, Nevada, South Carolina, Texas, and Utah. At the federal level, the FDA’s July 29, 2025 announcement recommended scheduling only concentrated 7-hydroxymitragynine (7-OH) under the Controlled Substances Act, while distinguishing it from natural Kratom leaf products, signaling a federal focus on high-potency synthetic derivatives rather than an outright ban on natural Kratom.

Several Massachusetts towns (e.g. Northampton, Lowell, Dracut, Chelmsford) have banned Kratom outright, while others like North Attleboro have restricted sales to tobacco stores. Attleboro and other communities are actively considering regulatory approaches. Ashland’s regulation would be among the first in the Commonwealth to establish comprehensive KCPA-style consumer protections at the local level, consistent with the direction of H.4394 and the model adopted nationally.

What This Proposed Regulation Does

This regulation does not ban Kratom. It establishes consumer protection standards for Kratom products sold in Ashland using the KCPA model.

Key Provisions

• Age 21+ with photo ID (mirrors Ashland’s tobacco regulation — government-issued ID, under-40 check, face-to-face sales)
• Labeling required: manufacturer name/address, full ingredients, serving size and directions
• 7-OH limits: no more than 2% of total alkaloids or 1 mg/serving
• Bans synthetic Kratom alkaloids, adulterated/contaminated products, and products attractive to children
• Child-resistant packaging required (federal PPPA standard)
• Behind-counter display or secured case only
• Penalties: $500/$1,000 for product/labeling violations; $1,000/$2,000/$5,000 for underage sales; hearing rights included
• Good-faith defense for retailers relying on manufacturer representations
• Enforced by Ashland Board of Health following DPH standards
• Effective 30 days after adoption

 Alignment with State Legislation

This regulation is consistent with House Bill 4394, currently before the House Committee on Ways and Means, which would establish the same core standards statewide: age 21+, 2% 7-OH cap, labeling requirements, synthetic alkaloid ban, anti-adulteration rules, and good-faith retailer defense. Adopting now positions Ashland ahead of state action with compatible standards already in place.

Comments regarding the proposed Regulation may be submitted via email to: boardofhealth@ashlandmass.com