SENATE DOCKET, NO. 2025        FILED ON: 1/17/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Edward J. Kennedy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act banning the sale of kratom.

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PETITION OF:

SENATE DOCKET, NO. 2025        FILED ON: 1/17/2025

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act banning the sale of kratom.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 270 of the General Laws is hereby amended by adding the following section:-

Section 30. (a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Food", a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption.

“Kratom extract”, a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa that has been extracted or concentrated in order to provide more standardized product content.

"Kratom product", a food product or dietary ingredient containing any part of the leaf of the plant Mitragyna speciosa or an extract of it that is manufactured as a powder, capsule, tablet, beverage or other edible form.

"Processor", a person that sells, prepares, manufactures, distributes or maintains kratom products, or advertises, represents, or holds itself out as selling, preparing or maintaining kratom products.

“Retailer”, a person that sells, distributes, advertises, represents, or holds itself out as selling or maintaining kratom products.

(b) A processor shall not prepare, distribute, sell or expose for sale any Kratom product or any food containing kratom extract.

(c) (1) A person who violates subsection (b) shall subject to an administrative fine of not more than $500 for the first offense and not more than $1,000 for subsequent offenses. Upon the request of a person to whom an administrative fine is issued, the department shall conduct a hearing in accordance with chapter 30A.

SECTION 2. This act shall take effect 180 days following its passage.