City Council - Regular Meeting

yeah i want to thank everyone for coming uh this is a major issue for the city of sprightfield i'm brian santanello chairman of the health and human services committee And I have next to me, Councilor Martin, who's chairman of the Public Health and Safety Committee. And we wanted to put this meeting together to explain the new ban on Kratom to the city of Springfield and the whole state. And it appears to me that Commissioner Calkin is really prepared for this and has done background information, even on cease and desist letters. Well, Mike, I have a series of questions because it came out so quickly and it's a statewide ban. It's now, Helen, can you explain? A number one, what is it, a number one like heroin. It's a class one.

It is a Schedule I drug, and the definition of a Schedule I drug is they have a high potency for abuse. They have no currently accepted medical treatment. use in treatment in the United States, and there is a lack of accepted safety for use under medical supervision. So the Schedule I drug meets those three criterias. And so the governor has decided that this Kratom is a Schedule I drug based on factors and also based on conversations with the commissioner of public health for the Commonwealth.

Now, you shared with me people have overdosed on this. They've died from Kratom.

That's correct. I do have the data with me from the Commonwealth of Massachusetts. In 2026 so far, they are reporting eight deaths across the Commonwealth for Kratom. In 2025, it was 21. In 2024, it was 18. 2023, 19, 2022, 16, 2021, 10, and then 2020 was 15. So those are the number of deaths that have been reported across the Commonwealth that can be directly linked to Kratom, which is important.

Now, explain that directly. It could be mixed in with other things and other deaths?

It could be other substances that could be included in the overdose potentially, but the way in which this has been reported, they are able to see a significant report of kratom in however it's tested in order to determine the cause of death.

Now, Helen, how is this tested? If someone's caught with this substance, if a business is selling it, let's say it's not in a package that is packaged the way it is now. Let's say it's in a bag and it's let's say it goes underground or it comes in here. How do you test for that?

Well, as you know, when I came before the city council previously, I did not believe that the city had the ability to be able to test for Kratom. If we are doing what's necessary, Kratom should not have to be tested because it is banned. As of August the 28th, the governor has banned Kratom throughout the Commonwealth, in all forms of Kratom. Let me be clear. Councilor Martin.

So I know it's, I think it's a year-long ban, correct? So when that ban... And can we maybe have like a trigger law like in place? Maybe it's a question for the law department. So when it gets lifted at the state level, could we then implement a ban on our end?

I think that's a good idea. Well, the city of Springfield and the Department of Health and Human Services had planned to come before you. with a creative band that we had worked on with the law department in partnership. But when the governor has issued this, which will supersede what we were going to do at the city level. But to your point, if in fact, after a year or during that year, if we determined that we want to have The creative ordinance that we originally were going to bring before you back on your docket, then that's what we will do. We'll have the ability to strengthen. But right now, the governor's action supersedes all of the local action we were going to take.

Maybe again, the follow up for the law department is the governor's. Ban is that more strenuous? Is it less. Strenuous than what we had on the books that we had originally planned to put on the books. Is it about the same is there is there any difference in it?

It's much structure. Yeah, our ordinance was going to be, I think, a ban on synthetics and then allowing some, the 708. Yeah, allowing some natural freedom. So this one is just a fallout ban on everything.

So the governor has banned everything. Which is the strictest that you can get. We had not. in our ordinance banned everything. Our concern was 70H, which was really that narcotic that was in Kratom. But the governor has said, just as Connecticut did, Connecticut has banned all forms of Kratom as well. And so that is stricter to, I was gonna say a city solicitor, but you're not that yet, Danielle. To Danielle's point, to attorney Danielle's point, It is strict.

What about, I mentioned when we were walking up here tonight to the meeting, what happens, it's a class one drug now in the same class. As a matter of fact, it's in a higher class than fentanyl, is it not? Yes. That's unbelievable. What happens if you're caught in a school zone or a park with this drug?

So as I said to you right now, there should be no store caught in a school zone or a park, because if we ban Kratom altogether without any exception, then no one should be selling this. And so that, you know, when we look at the tobacco ordinance and we look at 500 feet, a thousand feet, That should not come into play with this. My immediate concern, and I think all of our concern, has to do with enforcement. The governor's office has told us not to confiscate. We cannot take the products off of the shelf because they're advising against that. Then the question becomes, what does the city do in order to say that we're serious? In the governor's order, she did list some things that you'll see in the letter that I sent. Again, we sent out 500 letters to all bodegas and convenience stores, so they are aware. We have staff out right now doing educational visits with the store saying, You know, it's past August 28. This is illegal. And so that's where we currently are with it.

Well, when you just mentioned that you were told or the cities and towns are instructed not to confiscate. Correct. Then I don't understand. It's a class one drug and you can't confiscate confiscate a class one drug. You put it in the class with heroin. And I know if I had a client that got busted for heroin and I'm before a judge and I'm getting 10 years for dealing that, but somebody comes in and gets busted for Kraton and says, don't confiscate. I don't get it. I just don't follow this.

That was the instructions, Counselor, to the boards of health. Now, would they give different instructions to law enforcement and others? I don't know that answer. I can only tell you what we were told on the conference call with the Commonwealth. Do not confiscate. And so we will not be doing that. So we have to make sure we're figuring out other enforcement mechanisms.

Now, if someone, you mentioned earlier, if some business gets caught selling this, as a matter of fact, now you can use the term dealing this because it's illegal, not selling it, they're dealing it. What happened? Does the city council play a role if that business license, if they get convicted and found guilty of whatever, the city council then can go in and take their license away to do business?

If, in fact, that's what the city council decides to do, and I will leave that answer to, the city council would have to be the one to make that law, that we would pull their business license. We know we can pull Board of Health permits. But in order to take that one step to say, we are closing you down if you are caught selling this. Now, remember, once the cease and desist goes out, they have seven days in order to comply. If they don't comply within those seven days, that becomes the challenge is how are we going to enforce this?

Helen, through the chair. Helen, how can this not go underground? If there's so much money in this, everything else, even marijuana went underground. I mean, you can buy pot that's even better than that. I shouldn't say better than the pot you buy in a dispensary, but it could be a little stronger. It's out there. What happens with Kraton?

I don't know. I mean, I don't know what next thing will happen in order to alter the a drug or a chemical in order to sell it illegally, because that's what you're talking about, that illegal sales happen once they're off of all of these shelves. And I don't have the answer to that, how we might enforce illegal activity, because that is a police department matter, I would say.

Yeah. And we did invite the police department here today, but unfortunately, nobody showed. I had some questions for them, but I'll follow through with the police department after after this meeting. You can do a follow-up meeting, too. Yeah, absolutely. Now, at the last meeting, Counselor Martin, we had people here that took Kratom for pain. And we have people, veterans and stuff, that have serious pain. What happens to them now? You can't even get this with a prescription?

They have a year. The governor has banned all Kratom products. period, natural, as well as those infused with 7-0-H. The governor has banned them, but the advocacy groups who think that Kratom is helpful to veterans, to anxiety, to those with substance use disorders who may use it. So they have a year in order to, I think, give testimony and make the case. Okay.

I'm sorry.

No, no, go ahead.

Do you have like an idea or like a list or know what stores in Springfield are or were selling Kratom?

Do you guys have an idea of that? There are members of my staff who do, because remember, we did ban synthetic cannabinoids. And so our staff has been in those stores in order to enforce in cannabinoids. And so they do have an idea. We knew with synthetic cannabinoids, there were 12 stores we were looking at at the time. And so we knew those 12 stores. I'm going to guess that those same stores are probably selling Kratom products as well. So we do have some idea.

OK, because, again, I know it was a directive from the governor for our health department not to go in and confiscate. But if it was maybe through law enforcement, we had the opportunity to do that. It would be great if law enforcement could go in and confiscate these things. So if we had an idea of where they are, where they could be. that initial step of getting that would be huge for public safety here in Springfield.

Sure, and we are very excited to partner with Springfield Police Department. We know that there may be situations where we'll need the Ordnance Squad, particularly, and so we will look forward to working with them Superintendent Akers has said that he would be supportive in whatever way the Board of Health needed the police department. So I think we have good conversations with the police department. That's great. That's great. Awesome. Here's Schedule 1 drugs. I don't see fentanyl on it.

Yeah, I don't think it is. Thank you so much. There you go. All right, so no confiscate, told not to confiscate the drug from the stores. The stores are all, you've notified all those 500? Yes, we sent out 500 letters. 500 letters to the stores. So I just have a problem, not with you, I have a problem with that. If you can't confiscate it, they're going to keep selling it.

No, they're not. Because we, as a city, are going to assure working with the Board of Health and our police department, code enforcement, whoever we can. So the Board of Health has the ability to authorize agents. And every ordinance I do, I put code enforcement and police department first. and in some cases, fire departments. So they're agents of the Board of Health. So to your point, we're gonna do our best because the goal is to keep these products away from our youth because they are buying these, what looks like potentially candy, what looks like bright packaging. So we need to make sure that we are protecting our youth and letting them know these are bad substances.

Thank you so much. Okay, so it's a wait and see, see what happens. We're here as a city council to help you in every single way. Does the law department have anything to say?

No, I think that the paperwork that's been drawn up with the cease and desist order covers everything and gives us the authority to do it. It's confiscating and probably more police action. probably why they did that.

So my question, I guess, for the law department would be as a follow-up in case, again, I don't know if this would necessarily be the case or not, but in a year's time the ban is lifted, do we have the ability to go beyond just the synthetic kratom and can we ban all sorts of it here at the city level and can we have that ready to go as a kind of I don't know if a trigger ordinance would be the Right terminology, so the 2nd, that band is lifted, it goes into that'd be something.

Yeah, we have a draft. Right that we could just modify that.

That'd be great. And that may be, I think, uh, counselor or chairman and I, you can do a follow up meeting, get the. you know, final draft of that, and then talk with our police department, talk about a confiscation and enforcement.

Obviously, you want to get by the commissioner. We definitely need the enforcement conversation. That's where my department is going to need some help. What is it that the police department and the law department can help us with? Do we want to just do board of health permit? Do we want to be able to shut the stores down if they're selling kratom? What action can you help us take that can be legal so that we can move this forward in a seamless way?

I just have one last statement. I just hope that the rest of the state, we have 360 cities and towns in Massachusetts. 351. I was close.

I was very close.

That's good. I just hope that all these other cities and towns are as prepared as Springfield under your leadership. I mean that sincerely. Because a lot of these cities and towns don't have the resources And I just hope this doesn't, you know, I just hope for the best with this legislation. I really do.

We are looking at how we might employ individuals to assist us even. And we have individuals who are doing this work, but it is a lot of work for us to look at. We now have, I think, I want to say about 210 employees. permitted organizations that sell or entities that sell tobacco products, right? Lot of out there. We have only identified about 12 to 15 who are doing Kratom or synthetic cannabinoids, but we're going to need help. And so that's why I'm hopeful that when we have our next meeting with the police department and the law department, obviously, we're able to talk about enforcement.

Helen, one last question. on another topic similar on the tobacco you're gonna you're gonna make it from 1000 feet to 500 feet with schools.

We have several changes that we're going to make to the tobacco ordinance. We're going to get through the youth ordinance, which is coming up on September 8th. And our next one will be the tobacco ordinance. And yes, we're thinking about we're also thinking about putting a cap on the number of stores that can sell tobacco. So right now, let's say we have 220. I'm just using that as a number. So we have 220. We may cap it at 230 stores. So we can do 10 more. The others will be grandfathered, but we do not want to have a whole bunch of tobacco licenses out there in the city because that is how we get on many levels synthetic cannabinoids. That's how we have Kratom because we have entity selling tobacco products. So we look forward to bringing that ordinance or revised ordinance, which has not been revised since 1997. So we do need to take a look at it and do some upgrades and we'll be bringing that to you as well.

Final question. How much stress will this put on your staff?

Well, my staff, I have the best staff. I have Deputy Commissioner Ann Kissel on the line. I have the best staff in the Commonwealth of Massachusetts. I have two amazing deputies who are just so skilled, and they're young people like you, Councilor Martin, so that when I say, I don't know how to do this, they... I will show you because technology has changed, as you know, Brian. I mean, you know, so I have young folks. So it will put additional work on my staff. I don't want to not say that it won't. But what we do have is committed individuals. The city went out front like many cities and towns did not. and hired a cannabis control coordinator. I brought that position before the mayor, and it was approved. The other one that we have that we're spending a lot of time on is problem gambling coordinator. These are very forward-thinking positions that are in the city of Springfield that many cities and towns do not have.

Perfect. Thank you so much for your time. It's been a great meeting, and let's hope for the best. Does the Law Department have anything else to say? Nothing. Thanks for coming.

Thank you very much and have a good day.

Good job, Helen. Thank you, everyone.