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H 4394

An Act relative to kratom sales in the Commonwealth

194th Legislature (2025-2026) Introduced by Mark Cusack and 1 co-sponsor

Massachusetts would regulate kratom products with mandatory labeling, safety standards, age 21+ sales, and penalties for noncompliance to protect consumers.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 4394

Summary: Massachusetts H.4394 — An Act relative to kratom sales in the Commonwealth

Overview

  • Purpose: Establish regulatory requirements for kratom products sold in Massachusetts to protect consumer safety and prevent youth access.
  • Status: Reported favorably by the Judiciary Committee; referred to the House Ways and Means Committee. Introduced Aug 18, 2025.
  • Effective date: 180 days after passage.

What the bill would do

  • Adds a new Section 30 to Chapter 270 (House Bill No. 4394), creating a regulatory framework for kratom products.
  • Creates definitions to clarify who is regulated and what constitutes a kratom product.

Key definitions

  • “Food”: includes foods, dietary ingredients, dietary supplements, or beverages for human consumption.
  • “Kratom product”: any food product or dietary ingredient containing any part of Mitragyna speciosa leaf or kratom extract, including powders, capsules, pills, beverages, or other edible forms.
  • “Kratom retailer”: any person or entity that sells, maintains, distributes, or advertises kratom products.
  • “Manufacture”: production, preparation, processing, packaging, labeling, or relabeling of kratom, including through extraction or synthesis.

Core requirements for kratom products and retailers

  • Labeling (mandatory for all kratom products):
    • Must display the name and address of the manufacturer.
    • Must include a full list of ingredients.
    • Must include directions for safe and effective use, including the recommended serving size.
  • Prohibited adulteration and contamination:
    • Prohibits kratom products adulterated with dangerous non-kratom substances that would injure consumers.
    • Prohibits kratom products contaminated with dangerous non-kratom substances (e.g., poisonous or deleterious ingredients, including controlled substances or analogues per Chapter 94C).
    • Prohibits products with 7-hydroxymitragynine exceeding 2% of the overall alkaloid composition.
    • Prohibits synthetic alkaloids (e.g., synthetic mitragynine or synthetic 7-hydroxymitragynine) or other synthetically derived kratom compounds.
  • Age restriction:
    • No kratom product may be distributed, sold, or offered for sale to individuals under 21 years of age.

Penalties and enforcement

  • Non-compliance with labeling or adulteration/contamination prohibitions (subsections b and c):
    • Administrative fines: up to $500 for the first offense; up to $1,000 for subsequent offenses.
    • Hearings: upon request, a hearing conducted under Chapter 30A.
  • Age restriction violations (subsection d):
    • Fines: $1,000 for the first offense; $2,000 for the second; $5,000 for the third or subsequent offenses.
  • Enforcement and standards:
    • Massachusetts Department of Public Health (DPH) to promulgate rules and regulations for administration and enforcement.
    • Rules to cover labeling standards and testing/safety requirements for kratom products.

Who is affected

  • Kratom retailers, manufacturers, processors, and distributors operating in Massachusetts.
  • Consumers of kratom products (with enhanced labeling and safety standards).
  • Public health regulators (DPH) responsible for enforcement and rulemaking.

Procedural and timeline details

  • The act would take effect 180 days after passage.
  • The DPH would promulgate rules related to labeling and product testing as part of enforcement.
  • Hearings are available under Chapter 30A if requested in response to fines.

Notes on legislative status

  • Introduced and filed August 2, 2025; presented to the Judiciary Committee on August 18, 2025.
  • The Judiciary Committee reported the bill favorably and referred it to House Ways and Means on the same date.

This summary highlights the bill’s main aims, requirements for labeling, safety standards, age restrictions, penalties, and the implementation timeline.

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

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