HomeMy WebLinkAboutSouth Hadley RegulationThe Town of South Hadley
Board of Health
Regulation
PROHIBITING THE MANUFACTURING, SALE, AND DISTRIBUTION OF
SYNTHETICALLY DERIVED CANNABINOIDS, SYNTHETIC KRATом
UNREGULATED NOVEL INTOXICATING PRODUCTS
A. Authority:
This regulation is promulgated under the authority granted to local Boards of Health by
Massachusetts General Laws, Chapter 111, Sections 31 and 122, which authorize Boards of
Health to adopt reasonable health regulations and take action to protect the public from
sources of disease and health risks.
B. Statement of Purpose
The South Hadley Board of Health recognizes that the sale and distribution of synthetic
and unregulated psychoactive substances including but not limited to synthetically altered
cannabinoids and kratom products pose an emerging threat to public health, particularly
among youth and vulnerable populations. These substances are often: manufactured
without oversight, sold without proper labeling, dosage guidelines, or ingredient
transparency, associated with unpredictable or harmful health effects, readily available in
convenience stores, vape shops, and online with no safeguards.
C. Definitions:
For the purposes of this regulation, the following words shall have the following meanings:
Board of Health: The South Hadley Board of Health and/or its designated agent(s).
Board of Health Agent: Any person designated by the South Hadley Board of Health
the South Hadley Health Department to conduct and enforce the provisions of this
regulation. A Board of Health Agent shall have all powers assigned under Massachusetts
General Laws, including inspection authority, issuance of orders, and initiation of
enforcement actions.
or
Business Agent: An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise in charge of said establishment.
Employee: Any individual who performs services for an employer.
Employer: Any individual, partnership, association, corporation, trust or other organized
group of individuals that uses the services of one (1) or more employee(s).
Kratom: Any part of the plant Mitragyna speciosa.
Natural Raw Kratom: Any unadulterated form of the plant Mitragyna speciosa, including its
leaves (whole, crushed, or powdered), stems, or other plant parts, that have not been
chemically altered, synthesized, or had their alkaloid concentrations artificially increased or
mixed with any other ingredients.
Synthetically Derived Kratom: Any kratom product that has been altered from its natural
plant form through chemical synthesis or the use of synthetic alkaloid analogs or
concentrates beyond what occurs naturally in the plant.
Synthetically Derived Cannabinoid: Any cannabinoid that is altered by a chemical reaction
that changes the molecular structure of any natural cannabinoid derived from the plant
Cannabis to another cannabinoid found naturally in the plant Cannabis. Synthetically
Derived Cannabinoids include but are not limited to delta-8 and delta-10.
Person: Any individual, firm, partnership, association, corporation, company, or
organization of any kind, including, but not limited to an owner, operator, manager,
proprietor, or person in charge of any establishment, business, cultivation property or retail
store.
Permit Holder: Any person or entity that applies for and receives or any person who is
required to apply for a permit with the South Hadley Health Department.
Retail Establishment: Any store, kiosk, gas station, vape shop, convenience store, smoke
shop, or other physical location in which engaged in the sale of consumer goods.
Unregulated Synthetic Products: Any psychoactive substance not approved by the U.S.
Food and Drug Administration FDA or Massachusetts Cannabis Control Commission and
not specifically authorized for sale under Massachusetts law and not exempted under this
regulation including novel psychoactive substances (NPS) or "legal highs."
Unregulated Novel Intoxicating Products: Any substance, compound, or mixture, whether
natural, synthetic, or semi-synthetic, that is intended for human consumption or ingestion,
inhalation, absorption, or any other method of introduction into the human body, that:
1. Has psychoactive, intoxicating, or mood-altering effects;
2. Is not approved by the U.S. Food and Drug Administration for such use; and
3.Is not otherwise regulated or scheduled under Massachusetts or federal law.
This definition includes, but is not limited to, novel cannabinoids, synthetic opioids, synthetic
stimulants, synthetic hallucinogens, and any chemical analogs or derivatives thereof, except for those
lawfully prescribed or otherwise legally authorized.
D. Prohibition
1.
No person, business, or other entity shall sell, offer for sale, distribute, or otherwise
provide for human consumption any of the following within the Town of South
Hadley:
Synthetic Kratom - Any kratom products that contain synthetic or semi-synthetic
alkaloids, chemical analogs, or derivatives not naturally occurring in the kratom plant
(Mitragyna speciosa).
2. Synthetically Derived THC - Any tetrahydrocannabinol (THC) or THC analog that is
produced through chemical synthesis or conversion from hemp-derived cannabidiol
(CBD) or other cannabinoids, except for those products that are lawfully regulated by
the Commonwealth of Massachusetts.
3.Unregulated Novel Intoxicating Products - As defined in Section "Definitions", any
natural, synthetic, or semi-synthetic substance, compound, or mixture with
psychoactive, intoxicating, or mood-altering effects, not approved by the U.S. Food and
Drug Administration, and not otherwise regulated or scheduled under Massachusetts or
federal law.
E. Exemptions
This regulation does not apply to:
1 Cannabis products sold through state-licensed medical, or adult-use dispensaries
regulated by the Massachusetts Cannabis Control Commission.
2 Raw, unaltered kratom leaf or powder with no synthetic additives, provided it is
properly labeled with a full list of ingtedients clearly displayed on the package,
serving size and dosing recommendations are included and does not violate state or
federal law.
F. Violations:
1. It shall be the responsibility of the establishment, permit holder and/or their
business agent, and not their employee(s), to ensure compliance with all sections of
this regulation.
In the case of a violation, the violator shall receive:
I. First offense: A three-hundred-dollar ($300.00) fine shall be issued.
II.Second offense: A three-hundred-dollar ($300) fine and a fourteen (14) day
suspension of BOH retail permits toto operate.
III. Third offense: A three-hundred-dollar ($300.00) fine and thirty (30) day
suspension of BOH retail permits to operate.
IV. Subsequent offenses: A three-hundred-dollar ($300.00) fine and as
determined by the South Hadley Board of Health, after a hearing, may
permanently revoke any or all BOH permits including but not limited to
retail food and tobacco permits.
2. Every day that a violation exists shall be deemed a separate offense. Separate but
simultaneous violations shall be treated as separate violations. Multiple permit
suspensions may not be served concurrently.
3.
4.
Any person who receives notice of a violation of this regulation may request a
hearing before the Board. The request must be made in writing and filed within
seven (7) days of the date the violation was received.
The authority to inspect establishments for compliance and to enforce this
regulation shall be held by the South Hadley Board of Health and its designated
agent(s).
5. Any person may register a complaint pursuant to this regulation to initiate an
investigation and enforcement with the South Hadley Board of Health and its
designated agent(s).
6.Before suspending or revoking any permit issued by the Board of Health, including
but not limited to, a permit to sell tobacco or retail products, the Board shall
provide notice of the intent to suspend or revoke such permit(s), which notice shall
contain the reasons therefor and shall establish a time and date for a hearing, to be
held no earlier than seven (7) days from the date of the notice. The permit holder or
their designee shall have the opportunity to be heard and shall be notified of the
Board of Health's decision and the reasons therefore in writing. If after a hearing,
the Board of Health finds that a violation of this regulation occurred, the Board of
Health shall suspend or revoke the subject permit. For purposes of such
suspensions or revocations, the Board of Health shall make the determination
notwithstanding any separate criminal or non-criminal proceedings concerning the
same offense. Upon suspension or revocation of a permit, all permitted products
must be removed from the retail establishment. Failure to remove such products
shall constitute a separate violation of this regulation.
7. Failure to comply with the terms of a permit suspension imposed pursuant to this
regulation may subject the permit holder to an additional suspension of all Board of
Health issued permits for thirty (30) consecutive business days.
G. Non-Criminal Disposition:
Whoever violates any provision of this regulation may be penalized by the non-criminal
metho of disposition as provided in Massachusetts General Laws, Chapter 40, Section
21D.
H. Separate Violations: Each day any violation exists shall be deemed to be a separate
offense.
I. Enforcement: Enforcement of this regulation shall be by the South Hadley Board of
Health or its designated agent(s). The Board of Health may enforce these regulations or
enjoin violations thereof through any lawful process, and the election of one remedy by
the Board of Health shall not preclude enforcement through any other lawful means.
Any resident who desires to register a complaint pursuant to the regulation may do so by
contacting the South Hadley Board of Health or its designated agent(s) and the Board
shall investigate.
J. Severability:
If any provision of this regulation is declared invalid or unenforceable, all other provisions
shall not be affected thereby but shall be in full force and effect.
K. Effective Date:
This regulation shall take effect on
Dated:
Appendix: Additional Information on Synthetic
Cannabinoids & Synthetic Kratom
Whereas, hemp is defined as "the plant Cannabis sativa L. and any part of that plant,
including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts,
and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3 percent on a dry weight basis."1
Whereas, tetrahydrocannabinol (THC) is the chemical responsible for most of marijuana's
psychological effects.2
Whereas, adult-use marijuana can be distinguished from hemp because it contains more
than 0.3 percent (0.3%) delta-9 THC concentration, which is a naturally occurring
cannabinoid.
Whereas, delta-8, delta-10, and other forms of THC are isomers of delta-9 and, except for
trace amounts, are not found naturally in the plant cannabis, but are instead synthetically
produced in laboratories.3
Whereas, in Massachusetts, adult-use marijuana is legal, but products containing delta-8,
delta-10, and other synthetically derived cannabinoids are not.
Whereas, delta-8 and similar synthetically derived products are psychoactive.
Whereas, Kratom, a tree-like plant indigenous to Southeast Asia, produces stimulant and
sedative effects when orally ingested in tablet, capsule, or extract form. Kratom leaves can
be chewed or dried and ingested as a tea. Use of Kratom can lead to psychotic symptoms,
1 Implementation of Agricultural Improvement Act of 2018, 85 Fed. Reg. 51,640 (Aug. 21, 2020).
2 Alina Bradford, What is THC?, LIVESCIENCE (May 18, 2017), available at https://www.livescience.com/24553-
what-is-thc.html.
3 Kristina Etter, I Stand Corrected: The Truth About Delta-8 THC, MEDIUM (March 17, 2021), available at
https://medium.com/seed-stem/i-stand-corrected-the-truth-about-delta-8-thc-e8085725ed9e.
4 MASS. DEPT. OF AGRIC. RES., HEMP IN MASSACHUSETTS: FAQS, available at https://www.mass.gov/guides/hemp-
in-massachusetts-faqs#-is-it-legal-to-manufacture-delta-8-thc-from-hemp?-(last visited Feb. 13, 2023).
5 See U.S. FOOD & DRUG ADMIN., 5 THINGS TO KNOW ABOUT DELTA-8 TETRAHYDROCANNABINOL-DELTA-8 THC,
available at https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8-tetrahydrocannabinol-
delta-8-thc (last visited February 13, 2023).
and psychological and physiological dependence because it contains mitragynine and 7-
hydroxymitragynine, two major psychoactive ingredients.
Whereas, neither synthetic, hemp-derived products like delta-8 nor Kratom are regulated by
the federal government or in Massachusetts.
Whereas, the Massachusetts Supreme Judicial Court has held that "[t]he right to engage in
business must yield to the paramount right of government to protect public health by any
rational means."7
Whereas, the United States Food & Drug Administration has not approved "any
prescription or over-the-counter drug products containing kratom or its two main chemical
components, mitragynine and 7-hydroxymitragynine.28
Therefore, in furtherance of its mission to protect, promote, and preserve the health and
well-being of its residents, and pursuant to the authority granted to the Northampton Board
of Health pursuant to G. L. c. 111, §31, the Board of Health enacts this Regulation
Prohibiting the Manufacturing, Sale, and Distribution of Synthetically Derived
Cannabinoids and Kratom.
DRUG ENFORCEMENT ADMIN., GET SMART ABOUT DRUGS, available at http://www.getsmartaboutdrugs.gov (lastvisited February 13, 2023).
7 Druzik v. Bd. of Health of Haverhill, 324 Mass. 129, 139 (1949) (citing Lawrence v. Bd. of Registration in Med..
239 Mass. 424, 428 (1921)).
8 FDA. (2025, July 29). FDA and Kratom. U.S. Food and Drug Administration. https://www.fda.gov/news-events/public-health-focus/fda-and-kratom