AMHERST — Synthetic kratom and synthetic cannabinoids, which can cause opioid-like effects, will be prohibited for sale in Amherst, though natural kratom products will continue to be available at adult-only stores.
After discussing possible kratom regulations for several months, and taking an earlier vote over the winter, the Board of Health on March 25 voted 3-0 to adopt the new rules, which go into effect on April 15.
Kratom is made from the leaves of the mitragyna speciosa tree, found across Southeast Asia. Alkaloids inside the leaf, particularly the alkaloids mitragynine and 7-hydroxymitragynine, also called 7-OH, can cause stimulant and sedative effects when taken in either low or high doses, according to the U.S. Drug Enforcement Administration.
Amherst Health Director Kiko Malin said the health department is happy to see an end to the sale in town of what are viewed as dangerous products.
“We have concerns about these products that are on the market, these 7-OH synthetic products, they are dangerous and we want them off the shelves, and we’ll make it happen,” Malin said.
The board’s action is seen as a first step in dealing with kratom. Violators can face a $300 fine for each instance of sale and a suspension of licenses, including tobacco and food licenses.
Kratom is not available at the town’s cannabis dispensaries, with the prohibition on sales mostly affecting Wild Side Smoke Shop at 332 College St. Though Wild Side doesn’t have a tobacco or food license, it could still be fined should the products be sold.
Synthetic kratom and cannabinoids have become a pretty significant part of Wild Side’s revenue, Malin said. “It is a big part of their business model,” Malin said.
And Wild Side can’t go back to selling tobacco, since the town doesn’t issue new permits once they have been relinquished. Lazy Lungz Smoke Shop, 96 North Pleasant St., is the lone adult-only store.
The vote creates a path for natural kratom to remain available and the rules could be updated in the future.
Originally, Amherst modeled its policy after Northampton, where all kratom and “unregulated novel intoxicating products” are banned, including “unadulterated (natural) kratom.”
The decision came after feedback, including from supporters who use kratom to control chronic pain.
During research, health officials found some synthetic kratom available over the counter and at places like gas stations.
Board of Health Chairwoman Risha Hess said the urgency is to get restrictions in place, since there are currently no age restrictions on who can buy it, or restrictions on who can sell it.
The problem with no regulatory structure is that some retailers do not have tobacco licenses, said member Betsy Brooks.
Board member Jack Jemsek said he worries about the burden of monitoring violations.
But Brooks said having fewer places where kratom is available is a good thing, pointing out that the product has apparently been available at some convenience stores, and not necessarily behind a counter where cigarettes are located.
“I still like the idea that a teenager can’t go into a store and buy something that is potentially dangerous and the employee has no knowledge of the risks that that particular product has,” Brooks said.
