A lack of retail interest in town for selling kratom products and alignment with the town’s Drug Free Communities grant were some of the factors influencing the town’s new ban on the substance, according to Health Director Shaun McAuliffe.

Following last week’s public hearing about new kratom and synthetic THC regulations, McAuliffe spoke to the Independent to clarify what the ban means, what products are impacted and options for residents who might use these products. 

He explained that kratom products are not widely sold in town. As conversations about kratom evolved with the Board of Health, he said the lack of retailers in town selling the products influenced the move toward a ban.

“We didn’t have any whole leaf kratom being sold [in town],” he said. “We didn’t see it as a big issue … when it came to putting together regulations that would ban it.”

McAuliffe added that, at the time of the hearing, only one establishment in town was selling synthetic kratom products.

The regulations approved at last Thursday’s hearing prohibit the manufacturing, distribution or sale of synthetic cannabinoids or kratom products in town. Violations will incur fines and suspension of permits. Additional language tightens the town’s rules for selling approved tobacco and related products.

Another change in the regulation, McAuliffe stated, was establishing strict standards of legal liability for business owners. The rule change effectively stops a retail owner from claiming they were unaware of an employee’s actions when a tobacco product or other banned product is sold in violation of laws and regulations. Examples of this include selling vapes to individuals under 21 or selling banned flavor products.

Kratom ban includes whole leaf

According to the health director, the new regulations ban all kratom products, including the whole leaf form of the substance. He noted that other nearby communities have not opted for a total ban.

“No whole leaf was sold in Hopkinton and no establishments had any intent on introducing it,” he said. “You can go to Ashland and purchase it if you like.”

Kratom is an extract from the Mitragyna speciosa plant, a tree native to Southeast Asia. It has been used for medicinal purposes in the region. Traditionally, it was used by laborers to reduce or prevent fatigue.

There are four primary forms of the product: whole leaf, powder, liquid extract and synthetic. Users chew the leaves, swallow or brew the powder, add the extract to a liquid or consume products with the synthetic form of the chemical.

Kratom acts as a stimulant in low doses and a sedative in high doses. Reported effects include pain reduction and increased alertness, along with impacts on depression and anxiety. The chemical also has been used in non-clinical settings as a treatment for opioid withdrawal.

A naturally occurring alkaloid in the plant known as 7-hydroxymitragynine (7-OH) acts similar to an opioid. It occurs in small doses in the plant, but 7-OH is widely synthesized and added to a number of products. Federal authorities such as the Food and Drug Administration and the Drug Enforcement Agency have raised concerns about the concentration of 7-OH in retail products, noting opioid-like effects and a potential for users to develop substance abuse disorders. A study in the Journal of Addiction Medicine found that 25% of participants met the criteria for kratom use disorder.

In response to the proliferation of 7-OH, the DEA moved in July to place it into Schedule 1 of the Controlled Substances Act.

While health officials warn of kratom’s potential negative impacts, it has been shown that kratom products are linked to a small number of deaths relative to other drugs. 

Ban aligns with town priorities

McAuliffe noted that he has been contacted by kratom lobbyists over the new regulation and does plan to share information from them to the public. He also said that community members before and after the hearing have offered support for the ban.

“That first week posted the hearing notice, we received probably 10-15 letters thanking us,” the health director said. He added that, in a lot of the letters he received, supporters of the ban stated they had family members who overdosed or died from kratom. Physicians and counselors who have treated children and young adults for kratom overdoses also provided input, McAuliffe stated.

He went on to explain that the Board of Health moved to ban kratom and synthetic cannabinoids in alignment with the town’s Drug Free Communities grant and the town’s position on other substances. He referenced the town’s ban on marijuana businesses in town and a recent Select Board decision to opt out of new cannabis delivery laws in the state.

“Since nobody was selling [kratom] in Hopkinton and we knew it’d be available in other communities adjacent to Hopkinton, we felt that a ban would be most appropriate,” he stressed.

McAuliffe noted that other nearby communities are weighing their own bans on kratom and synthetic THC. Ashland is in the process of finalizing its own regulations while towns like Medway, Hudson and Millis are “all starting to talk about it,” he said.

Added McAuliffe: “My charge is to protect the youth and residents in general in Hopkinton. Adding a barrier to access was a reasonable action to take.”