07/24/2026
Please be advised that after the 1st of September, it is prohibited for any person, business, or other entity, including but not limited to any to***co permit holder, to manufacture, distribute, sell, offer for sale, or cause to be manufactured, distributed, sold or offered for sale, or otherwise provided for human consumption any of the following within the City of Beverly:
1. Any product containing a synthetically derived cannabinoid including but not limited to delta-8 and delta-10
2. Natural leaf kratom
3. Synthetically derived kratom
4. Any unregulated novel intoxicating product
This does not apply to cannabis products sold through state-licensed medical or adult-use dispensaries regulated by the Massachusetts Cannabis Control Commission.
The full regulation is posted below:
Regulation of the City of Beverly Board of Health
Article IXC Prohibiting the Manufacturing, Sale, and Distribution of Synthetically Derived Cannabinoids, Kratom Products and Unregulated Novel Intoxicating Products
§400-9C.1 Authority:
This regulation is promulgated under the authority granted to local Boards of Health by Massachusetts General Laws, Chapter 111, Sections 31 and 122, which authorize Boards of Health to adopt reasonable health regulations and take action to protect the public from sources of disease and health risks.
§400-9C.2 Statement of Purpose:
The Beverly Board of Health recognizes that the manufacture, sale, and distribution of synthetic and unregulated intoxicating substances, including but not limited to synthetically derived cannabinoids, kratom products (both natural and synthetic), and other novel intoxicating products, present an emerging and significant threat to public health, particularly for youth and other vulnerable populations. These substances are often produced without regulatory oversight and sold without proper labeling, dosage guidance, or ingredient transparency. As a result, they are associated with unpredictable and potentially harmful health effects. Despite these risks, such products are readily available in convenience stores, v**e shops, and online marketplaces where few, if any, safeguards are in place to protect consumers.
Accordingly, the Beverly Board of Health establishes this regulation to proactively reduce access to these products, prevent associated harms, and protect the health and well-being of the community.
§400-9C.3 Definitions:
For the purposes of this regulation, the following terms shall have the following meanings:
Board of Health or Board: The Beverly Board of Health.
Board of Health Agent: Any person designated by the Beverly Board of Health or the Beverly Health Department to carry out and enforce the provisions of this regulation. A Board of Health Agent shall have all powers assigned under Massachusetts General Laws, including inspection authority, issuance of orders, and initiation of enforcement actions.
Business Day: Any day of the week, inclusive of Saturday and Sunday, during which a retail establishment is open.
Business Agent: An individual who has been designated by the owner or operator of an establishment to be the manager or otherwise in charge of said establishment.
Kratom: Any part of the plant Mitragyna speciosa.
Natural Leaf Kratom: Any form of the plant Mitragyna speciosa, including its leaves (whether whole, crushed, or powdered), stems, or other plant parts, that have not been chemically altered, synthesized, or had their alkaloid concentrations artificially increased or mixed with any other ingredients.
Person: Any individual, firm, partnership, association, corporation, company, or organization of any kind.
Permit Holder: Any person or entity that holds a permit issued by the Beverly Board of Health.
Synthetically Derived Kratom: Any kratom product that has been altered from its natural plant form through chemical synthesis or the use of synthetic alkaloid analogs or concentrates beyond what occurs naturally in the plant.
Synthetically Derived Cannabinoid: Any cannabinoid that is altered or created by a chemical reaction. Synthetically Derived Cannabinoids include but are not limited to delta-8 and delta-10.
Unregulated Novel Intoxicating Product: Any substance, compound, or mixture, whether natural, synthetic, or semi-synthetic, that is intended for human consumption, ingestion, inhalation, absorption, or any other method of introduction into the human body, and that:
1. Has psychoactive, intoxicating, or mood-altering effects;
2. Is not approved by the U.S. Food and Drug Administration for such use; and
3. Is not otherwise regulated or scheduled under Massachusetts or federal law.
This definition includes, but is not limited to, novel cannabinoids, synthetic opioids, synthetic stimulants, synthetic hallucinogens, and any chemical analogs or derivatives thereof, except for those lawfully prescribed or otherwise legally authorized.
§400-9C.4 Prohibition:
A. It shall be a violation of this regulation for any person, business, or other entity, including but not limited to any to***co permit holder, to manufacture, distribute, sell, offer for sale, or cause to be manufactured, distributed, sold or offered for sale, or otherwise provided for human consumption any of the following within the City of Beverly:
1. Any product containing a synthetically derived cannabinoid including but not limited to delta-8 and delta-10
2. Natural leaf kratom
3. Synthetically derived kratom
4. Any unregulated novel intoxicating product
§400-9C.5 Exemption:
This regulation does not apply to cannabis products sold through state-licensed medical or adult-use dispensaries regulated by the Massachusetts Cannabis Control Commission.
§400-9C.6 Enforcement and Penalties:
A. Any person, business or other entity charged with violating this regulation shall receive a notice of violation from the Beverly Board of Health or its designated agent.
B. It shall be the responsibility of an establishment owner and/or his or her manager or business agent to ensure compliance with this regulation. Any violation of this regulation shall be punishable by:
1. a fine of one thousand dollars ($1000.00) in the case of a first violation;
2. in the case of a second violation within thirty-six (36) months of a previous violation, a fine of one thousand dollars ($1000.00) and a suspension of any permit issued by the Board, including but not limited to a permit to sell to***co products, for seven (7) consecutive business days; and
3. in the case of a third or subsequent violation within a thirty-six (36) month period, a fine of one thousand dollars ($1000.00) and a suspension of any permit issued by the Board, including but not limited to a permit to sell to***co products, for thirty (30) consecutive business days.
C. Upon accrual of four (4) violations of this regulation within a thirty-six (36) month period, the Board may issue a notice of intent to revoke and shall hold a hearing in accordance with this regulation and, after such hearing, may permanently revoke any permit held by the violator, including any permit to sell to***co products in Beverly.
D. Every day that a violation exists shall be deemed to be a separate offense. Separate but simultaneous violations shall be treated as separate violations. Multiple permit suspensions may not be served concurrently.
E. Any person who receives notice of a violation of this regulation may request a hearing before the Board. The request must be made in writing and filed within seven (7) days of the date the violation was received.
F. The authority to inspect establishments for compliance and to enforce this regulation shall be held by the Beverly Board of Health and its designees. Refusal to cooperate with an inspection or investigation pursuant to this regulation shall result in the suspension of any Board-issued permit, including any permit to sell to***co products in Beverly, for thirty (30) consecutive business days.
G. Any person may register a complaint pursuant to this regulation with the Beverly Board of Health or its designee to initiate an investigation and enforcement action.
H. Before suspending or revoking any permit issued by the Board, the Board shall provide notice of the intent to suspend or revoke such permit, which notice shall contain the reasons therefor and shall establish a time and date for a hearing, to be held no earlier than seven (7) days from the date of the notice. The permit holder or their designee shall have the opportunity to be heard and shall be notified of the Board’s decision and the reasons therefore in writing. If after hearing, the Board finds that a violation of this regulation occurred, the Board shall suspend or revoke the subject permit. For purposes of such suspensions or revocations, the Board shall
make the determination notwithstanding any separate criminal or non-criminal proceedings concerning the same offense. Upon suspension or revocation of a permit, all permitted products must be removed from the retail establishment. Failure to remove such products shall constitute a separate violation of this regulation.
I. Failure to comply with the terms of a permit suspension imposed pursuant to this regulation may subject the permit holder to an additional suspension of all Board-issued permits for thirty (30) consecutive business days or may result in permit revocation.
J. The Board may enforce this regulation or enjoin violations hereof through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means.
K. The fines and penalties established herein shall not limit the Board’s ability to suspend or permanently revoke a permit when, in the discretion of the Board, the circumstances or events underlying any violation warrant such suspension or revocation.
§400-9C.7 Severability:
If any provision of this regulation is declared invalid or unenforceable, all other provisions shall not be affected thereby but shall be in full force and effect.
§400-9C.8 Effective Date:
This regulation shall take effect on September 1, 2026.
Adopted June 21, 2023.
Appendix: Additional Information about Synthetically Derived Cannabinoids and Kratom
H**p is defined as “the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”1
Tetrahydrocannabinol (THC) is the chemical responsible for most of ma*****na’s psychological effects.2
Adult-use ma*****na can be distinguished from h**p because it contains more than 0.3 percent (0.3%) delta-9 THC concentration, which is a naturally occurring cannabinoid.
Delta-8, delta-10, and other forms of THC are isomers of delta-9 and, except for trace amounts, are not found naturally in the plant cannabis, but are instead synthetically produced in laboratories.3
In Massachusetts, adult-use ma*****na is legal, but products containing delta-8, delta-10, and other synthetically derived cannabinoids are not.4
Delta-8 and similar synthetically derived products are psychoactive.5
Kratom, a tree-like plant indigenous to Southeast Asia, produces stimulant and sedative effects when orally ingested in tablet, capsule, or extract form. Kratom leaves can be chewed or dried and ingested as a tea.
Use of Synthetically Derived Kratom can lead to psychotic symptoms, and psychological and physiological dependence because it contains mitragynine and 7-hydroxymitragynine, two major psychoactive ingredients.6
Neither synthetic, h**p-derived products like delta-8 nor Synthetically Derived Kratom are regulated by the federal government or by the Commonwealth of Massachusetts.
6
Send a message to learn more
