WeVote

Bill

Bill

H 2454

An Act concerning the regulation of kratom

194th Legislature (2025-2026) Introduced by Michelle Badger and 5 co-sponsors

Massachusetts would regulate kratom with strict labeling, safety testing, prohibition of adulterated/contaminated products, and age restrictions, plus penalties.

Accompanied a new draft, see H5127
0
WeVote Research Nonpartisan
Bill Summary · H 2454

Summary: H.2454 An Act concerning the regulation of kratom (Massachusetts)

Purpose and intent

  • Establish a regulatory framework to oversee kratom products sold in Massachusetts, with a focus on labeling, safety, and prevention of adulteration/contamination.
  • Align kratom product standards with public health protections by requiring accurate labeling, restricting dangerous formulations, and limiting access for minors.

Key provisions and changes

  • Definitions and scope (new Section 30 in Chapter 270):

    • Define terms including “Food,” “Kratom product,” “Kratom retailer,” and “Manufacture.”
    • A kratom product is any food/dietary ingredient containing Mitragyna speciosa leaf or kratom extract, in forms such as powder, capsule, pill, beverage, or other edible product.
  • ** labeling requirements for kratom products** (Section 30(b)):

    • All kratom products must bear a label with:
    • Name and address of the manufacturer
    • Full list of ingredients
    • Directions for safe and effective use, including the recommended serving size
  • ** Prohibited adulteration and contamination** (Section 30(c)):

    • Prohibits sale/distribution of kratom products that are adulterated with dangerous non-kratom substances.
    • Prohibits products contaminated with dangerous non-kratom substances (including poisonous or deleterious non-kratom ingredients, such as controlled substances or their analogues per Chapter 94C).
    • Prohibits kratom products containing:
    • More than 2% 7-hydroxymitragynine in the alkaloid fraction
    • Any synthetic alkaloids (e.g., synthetic mitragynine or synthetic 7-hydroxymitragynine)
  • Age restriction (Section 30(c)(iv)):

    • Kratom retailers may not knowingly sell to individuals under 18.
  • Enforcement and penalties:

    • Violations of labeling (b) or adulteration/contamination (c): administrative fines up to $500 for the first offense and up to $1,000 for subsequent offenses.
    • Violations of age restriction (d): fines of $1,000 for the first offense, $2,000 for the second, and $5,000 for the third or subsequent offenses.
    • A defense is available if a retailer reasonably relied in good faith on representations from a kratom product’s manufacturer/processor/packer/distributor that the product complied with the section.
  • Regulatory administration:

    • The Department of Public Health (DPH) shall promulgate rules and regulations for administration and enforcement, including labeling standards and testing for safety.
  • Effective date:

    • The act would take effect 180 days after passage.

Who is affected

  • Kratom retailers, manufacturers, processors, packers, and distributors: subject to labeling requirements, testing standards, and penalties for violations.
  • Consumers, including those under 18: protections through age restrictions and safer product formulations.
  • DPH: responsible for rulemaking, enforcement standards, and testing protocols.

Procedural and timeline notes

  • Introduced: February 27, 2025.
  • Referred to Public Health (Feb 27, 2025); Senate concurred; subsequently discharged to Judiciary (Aug 7, 2025) and Senate concurred (Aug 11, 2025).
  • Current status: Hearing rescheduled to November 18, 2025 (1:00 PM–8:00 PM in A-1 with a virtual option; updated end time to reflect new schedule).
  • Related bill: HD 1049 (replaces) and prior similar matter in 2023-2024 (H.4985).

Bottom line

H.2454 would create a comprehensive regulatory scheme for kratom in Massachusetts, emphasizing accurate labeling, safety testing, avoidance of adulterated or contaminated products, and age-based sales restrictions, with a clear penalty structure and a 180-day implementation window after passage.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.