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HomeMy WebLinkAboutTown of Mashpee Regulation Town of Mashpee BOARD OF HEALTH 16 GREAT NECK ROAD NORTH MASHPEE, MASSACHUSETTS 02649 (508) 539-1426 * Fax (508) 477-0496 REGULATION OF THE MASHPEE BOARD OF HEALTH PROHIBITING THE MANUFACTURING, SALE AND DISTRIBUTION OF KRATOM A. Statement of Purpose and Authority: 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, and psychological and physiological dependence because it contains mitragynine and 7-hydroxymitragynine, two major psychoactive ingredients.1 Whereas, Kratom is not currently regulated by the State of Massachusetts or the federal government. 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.” Druzik v. Bd. of Health of Haverhill, 324 Mass. 129, 139 (1994). 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 Mashpee Board of Health pursuant to G. L. c. 111, §31, the Board of Health enacts this Regulation Restricting the Sale and Distribution of Kratom. B. Definitions: For the purposes of this regulation, the following words shall have the following meanings: Board: The Mashpee Board of Health Business Agent: An individual who has been designated by the owner or operator of any business to be the manager or otherwise in charge of said establishment. Compliance Check: An enforcement activity where a person is sent into an establishment to attempt to purchase a restricted or prohibited product. Kratom: Refers to the leaves or an herbal extract from the leaves or the other parts of an evergreen tree in the Rubiaceae family native to Southeast Asia called Mitragyna 1 https://www.getsmartaboutdrugs.gov/sites/default/files/2024-12/Kratom-Drug-Fact-Sheet.pdf Speciosa, that contains as its primary compounds, mitragynine and 7- hydroxymitragynine, which produces stimulant-like effects in low dosages and opioid- like effects in high dosages, and it may be marketed in different forms, including but not limited to smokeable products, tea, capsules, and as an additive to soft drinks or other products. 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 or retail store. C. Distribution of Kratom Products: 1. No person shall manufacture, distribute, sell, or offer for sale Kratom in any of its forms, as defined herein, or any Kratom derived products, or any products containing Kratom as an additive in the Town of Mashpee. 2. In the case of a business, the owner and/or manager of the business shall be responsible for compliance with this Regulation, and it shall not be a defense to enforcement action that the owner or manager was not aware of the violation. D. Enforcement: 1. Enforcement of this regulation shall be carried out by the Mashpee Board of Health or its designated agent(s). 2. Any violation of this Regulation occurring on the premises of an establishment with a Tobacco Product Sales Permit issued by the Mashpee Board of Health shall be subject to the enforcement and penalties set forth in the Regulation of the Mahpee Board of Health Restricting the Sale of Tobacco Products. 3. The Board of Health may modify, suspend or rescind any license or permit to conduct a business issued by the Board of any person or entity who manufactures, distributes, sells, or offers Kratom or Kratom products on the premises of the premises holding the license or permit, subject to the procedures applicable for the type of permit held. 4. The owner or manager of any establishment in which Kratom is manufactured, distributed, sold, or offered for sale by any person in lawful control of the establishment, shall be responsible for the violation whether or not they authorized or were aware that the violation was taking place. 5. Any person or establishment that does not hold Tobacco Products Sales Permits issued by the Mashpee Board of Health shall be subject to a civil penalty of up to $1,000 for each violation of this regulation. Any person who receives a notice of assessment of a civil administrative penalty may request a hearing by the Board of Health; such request must be made in writing. The hearing request must be received within seven (7) days of the issuance of the notice of assessment of the penalty. After conducting a public hearing, at which the offender will have an opportunity to be heard, the Board may affirm, modify or vacate the penalty. 6. This Regulation may be enforced by the noncriminal disposition method as provided in Massachusetts General Laws, Chapter 40, Section 21D and the Town’s noncriminal disposition by-law. If noncriminal disposition is elected, then the noncriminal fine for each such violation shall be $300. Each day or potion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 7. Any person who violates any provision of this regulation and/or any condition in a permit or order issued by the Board of Health may be penalized by indictment or on complaint brought in the district court. Except as may otherwise be provided by law and as the district court may see fit to impose, the penalty for each violation or offense shall be up to $1,000 as set forth in Massachusetts General Laws, Chapter 111, Section 31. Each day or potion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 8. The Board of Health may enforce this Regulation or enjoin violations thereof through an action at law or in equity and the election of one remedy by the Board shall not preclude enforcement through other lawful means. 9. Each day or portion thereof and each violation shall constitute a separate offense. E. Severability: If any provision of this regulation is found to violate State or Federal preemption laws or is declared invalid or unenforceable, all other provisions shall not be affected thereby but shall be in full force and effect. This provision shall not apply if section C (1) of this regulation is found to violate State or Federal preemption laws or is declared invalid or un-enforceable. F. Effective Date: This regulation was adopted on January 7th 2026 and shall take effect on _______.