MA S1609

Creates a new regulatory framework for kratom products in Massachusetts under Chapter 94J, administered by the Department of Agricultural Resources, requiring annual product registration and fees for all parties selling kratom in the state

Prohibits sale of kratom products containing more than 2% 7-hydroxymitragynine, any controlled substances, synthetic cannabinoids/cathinones, synthesized kratom alkaloids, or products designed for smoking, vaping, or injection

Bans kratom sales to individuals under 18 years of age, with first violations constituting a misdemeanor and repeat violations within one year elevated to first-degree misdemeanors

Mandates specific labeling requirements including warnings against use by minors, pregnant/breastfeeding individuals, a statement that kratom may be habit forming, serving size recommendations, and alkaloid content declarations (mitragynine and 7-hydroxymitragynine levels)

Requires manufacturers to comply with FDA good manufacturing practices (21 CFR 111), submit certificates of analysis from ISO/IEC 17025 accredited laboratories, and takes effect 180 days after passage with federal regulations taking precedence if enacted