Boston weighs a 7-OH ban that would let adults 21 and older buy natural kratom

Boston city councilors are drafting an ordinance that would ban the sale and use of synthetic 7-hydroxymitragynine, known as 7-OH, and related compounds, while letting people 21 and older buy natural kratom. The Government Operations Committee took no vote at a Sept. 21 hearing, and its chair said a working session comes next.

City Councilor John FitzGerald (District 3) and City Councilor Ed Flynn (District 2) sponsor the ordinance, docket 1414. Of the 21 members of the public who testified, most described using natural kratom for chronic pain or addiction recovery. Two parents who said their sons had died argued for a ban on all kratom.

For now, no city rule can loosen the law. In August, the Massachusetts Department of Public Health commissioner issued a temporary one-year emergency order making all kratom products Schedule I substances, effectively prohibiting their sale and possession statewide, the Boston Public Health Commission said.

The question is what Boston does when that order expires or is struck down. FitzGerald wants a city ban on synthetics ready so there is no gap. The sharpest disagreement in testimony was over whether natural kratom should be legal at all.

“I just don't want to leave a lapse and I want to make sure we've got on the books what we need to have to keep the children of Boston safe.”

Susan Shepherd said her son died in 2021 from natural kratom powder. “I'm just asking you to ban all of kratom,” she said.

What would change for shops and buyers?

As drafted, natural kratom would be sold only to people 21 and older, while synthesized 7-OH and products above a certain concentration would face a total ban, said PJ McCann, deputy commissioner for policy and planning at the health commission.

The ordinance would bar products whose natural compounds were artificially concentrated or altered, City Councilor Miniard Culpepper (District 7) said. It names the Boston Police Department as the lead enforcement agency, said City Councilor Gabriela Coletta Zapata (District 1), the committee chair.

The draft covers sale and use but not manufacturing. Coletta Zapata said commercial manufacturing, distribution, advertising and sale could be added.

The products are most often found in stores that hold tobacco permits from the commission, McCann said. The commission has told those retailers about the state order, and inspectors check for compliance during tobacco inspections. “Many retailers have already removed covered products from their shelves,” he said, citing anecdotal reports.

Under state guidance, enforcement against stores can include cease-and-desist notices, citations and summary suspension of city licenses or permits, McCann said.

Culpepper asked how a retailer, a shopper or an inspector could tell whether a product is unadulterated. McCann said that is “one of the implementation benefits of a total ban,” and that a tiered approach could require lab testing.

The record includes no cost estimate. McCann said he did not know of any state money for enforcing the current order, and the commission has not gotten added staff.

How did it get here?

FitzGerald said his office began looking at synthetic 7-OH last fall, following the city's approach to K2 and spice, the synthetic marijuana of about a decade ago.

Flynn said residents at a community meeting reported a store, he believed on Columbus Avenue, selling the products. In a March 9 letter he read into the record, Flynn asked the commission for “a ban of the sale of kratom in the city of Boston.” The council referred FitzGerald and Flynn's ordinance to the committee July 22.

What health officials said

McCann said synthesized products such as 7-OH carry risks including psychosis, seizures, dependence, overdose and death. Most overdoses and deaths involving kratom have involved synthetic or highly concentrated versions, he said, though “I don't think we have Boston specific overdose data.”

While the state order stands, any city provision “weaker than the state order would be sort of null and void unenforceable,” McCann said. He said nothing in the city charter or council rules bars a delayed effective date, and Coletta Zapata said a severability clause could avoid a conflict with state law.

On natural kratom, McCann said “a complete ban is easier but might not get at some of the nuance” of where the risk lies.

What supporters and opponents said

Sheldon Bradshaw, a former chief counsel of the U.S. Food and Drug Administration who represents Botanicals for Better Health and Wellness, said his group supports banning “chemically manipulated synthetic products that masquerade as botanicals.” It also backs age limits, testing and labeling for natural kratom, he said.

Bradshaw said the federal Drug Enforcement Administration placed three related compounds on Schedule I on Aug. 25 and could schedule 7-OH by about Oct. 1. The records reviewed for this story do not show whether it has.

Mac Haddow, a senior fellow at the American Kratom Association, said 7-OH products drove a 2025 spike in poison control calls. Any action “has to be specialized and targeted to those synthetic products,” he said.

Ashley Davidson said natural kratom helped her stay sober from alcohol for more than five years. “I'm speaking today in support of regulation for natural kratom over total prohibition,” she said.

Adam King said his family's Attleboro business sells kratom and called the state's temporary ban “a huge mistake.” Ryan Whitney said he is suing the governor over the ban without a lawyer.

Holly Trouville said her son died, and that about 50 Massachusetts communities have banned all kratom. She said the second panel was made up of kratom users or people tied to the kratom association: “You would have had the other side on there as well.”

Of the written testimony, Culpepper said, “I haven't seen such a balanced argument from both sides.” FitzGerald said no one had testified in favor of synthetic 7-OH.

What happens next?

Coletta Zapata said she favors “a contingent framework” that would take effect if the state adopts regulations or the lawsuit is resolved. FitzGerald said he would work with lawyers so the ordinance takes effect whenever the state order is no longer in force. No date for the working session was set.

Coletta Zapata said she would invite Trouville to the working sessions. She also said the city could mirror labeling language in a pending state bill, H4261. Written comments sent to the committee by email become part of the record, she said.

“I still am in the mindset that we do a contingent framework,” Coletta Zapata said as she closed the hearing.