Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4394

Introduced
8/18/25  

Caption

Relative to kratom sales in the Commonwealth

Impact

If enacted, H4394 would have a significant impact on state laws concerning food and dietary supplements, specifically by introducing regulations that target the kratom market. The bill sets restrictions on the distribution and sale of kratom products, including age restrictions, which prohibit sales to individuals under 21. In addition, kratom retailers could face substantial fines for non-compliance with labeling requirements and restrictions on adulterants in the products, thus enhancing consumer protection and promoting awareness of potential health risks.

Summary

House Bill 4394, also known as the act relative to kratom sales in the Commonwealth of Massachusetts, aims to regulate the sale of kratom products by establishing comprehensive requirements for kratom retailers. The bill defines kratom products and the entities that are involved in their sale, and it mandates clear labeling of kratom products to ensure consumer safety. Retailers are required to provide essential information, including the manufacturer's name, a list of ingredients, and proper usage instructions, which is aimed at minimizing risks associated with kratom consumption.

Contention

There may be points of contention related to H4394, particularly regarding the definition and classification of kratom under state law. Advocates for the bill believe that these regulations are necessary for ensuring public health safety, while critics may argue that excessive regulation could limit consumer access to a product that has been utilized for its medicinal properties. Additionally, the enforcement measures and penalties outlined within the bill, particularly concerning retailers who may not adhere to labeling requirements or age restrictions, could stir discussion on fairness and practicality in implementation.

Companion Bills

MA H1631

Replaces Relative to kratom sales in the Commonwealth

Previously Filed As

MA H1631

Relative to kratom sales in the Commonwealth

MA S1558

Banning the sale of kratom

MA H2454

Concerning the regulation of kratom

MA H4261

Regulating kratom sales in the Commonwealth (Ty's Bill)

MA S1609

Concerning the regulation of Kratom

MA H5127

Relative to kratom

MA SB927

Regulates the sale of kratom in the state

MA HB2058

Providing for regulation of kratom.

MA A4222

Creates "New Jersey Kratom Protection Act."

MA HB253

Provides relative to kratom (EG INCREASE SG EX See Note)

Similar Bills

MA H2227

Replacing archaic and stigmatizing language for substance use

MI HB4948

Controlled substances: other; sentencing guidelines for retail sale of products containing ephedrine or pseudoephedrine; modify. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 4947'25

NJ S829

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

NJ A1617

"CJ's Law"; Criminalizes manufacture, sale, and possession of substances containing kratom.

MI HB4167

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MI HB4256

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MI SB0461

Criminal procedure: sentencing guidelines; sentencing guidelines for manufacturing, creating, delivering, or possessing with intent certain schedule 1 and 2 controlled substances; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 460'25

MI SB0431

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: SB 0430'25