Psychoactive substances like kratom and bath salts aren’t a big issue in Jaffrey — yet.
The town hopes to get out ahead of a problem before it happens, though, by considering an ordinance to ban the sale and display of substances that are often otherwise poorly regulated.
“We’re not in any kind of emergency situation, but we also don’t want it to get out of control in our area or our town,” said Police Chief Chris LaBrecque. “These substances aren’t regulated by state or federal law, and none of them are overseen by the FDA. Things are just open for these psychoactive and intoxicating substances.”
There are various types on the market — synthetic cannabinoids, kratom, tianeptine, nitrous oxide, bath salts — which can come in brightly colored packaging or in small bottles similar to energy drink shots. They’re often found on commercial shelves for sale in gas stations, convenience stores and smoke shops despite dubious legality.
Part of the issue is that many of them are chemically created, often overseas under lax supervision, then shipped to the U.S., according to Randy Herk, director of prevention at Reality Check, a local addiction prevention resource center. He said constantly changing formulas and mislabeling products as “dietary supplements” to get around the Food and Drug Administration rules have made legislating the products an uphill battle.
Later this month, the Jaffrey Select Board will consider adopting a psychoactive substance ordinance, aimed at civilly punishing the display and sale of these substances. The local nonprofit Reality Check, which provides drug and alcohol prevention strategies and referrals to addiction treatment, asked the select board to consider it. Experts there will present to the select board on Oct. 14 at 6 p.m.
Jaffrey wouldn’t be the first in New Hampshire to ban the sale of these substances locally. Other municipalities, like Franklin and Lancaster, have done so. Local officials hope to model Jaffrey’s policy after Lancaster’s.
Local police chiefs say the problem is present but not pervasive in the community.
LaBrecque said he isn’t aware of any local convenience or gas stations in Jaffrey selling these products but said they’re available in nearby areas and sometimes trickle in.
“I am aware of stores in Massachusetts, and you don’t have to go far, even in New Hampshire, to find some of these things,” LaBrecque said.
Over the years, he’s seen some of these designer drugs — like K2, a synthetic cannabinoid; nitrous oxide; “whippets,” which is the recreational use of nitrous oxide; and kratom, a psychoactive stimulant, in particular. Some people do report benefits from small doses of kratom, experts say, but it carries its own risk of addiction.
These substances aren’t particularly common, but LaBrecque said he and the town’s prosecutor have reviewed Lancaster’s ordinance and would support a similar one for Jaffrey.
Next door in Rindge, which shares a border with Massachusetts, Police Chief Rachel Malynowski said these drugs aren’t a prevalent problem for police, but she also doesn’t doubt that use of these substances is happening within the community.
“I’m positive they’re here; they just haven’t been involved in many arrests, at least that we’re aware of,” said Malynowski.
Massachusetts Gov. Maura Healey issued an order in August temporarily restricting kratom sales in the state and classifying it as a Schedule I drug. Other states, like Tennessee, are banning the substance, while Rhode Island recently reversed its own ban for people aged 21 and up.
Kratom use is difficult to track locally because it’s often not the main factor for an emergency call or someone seeking help for addiction. Instead, it’s often used in tandem or combined with other substances.
Nationally, kratom use is escalating. The Centers for Disease Control and Prevention’s National Poison Data System tracked a 1,200% increase in kratom-related reports, with 3,434 last year.
Malynowski said Rindge officers have been educating themselves on some of the substances, particularly kratom, which has been targeted recently by state and federal authorities trying to ban it — including New Hampshire.
Herk, at Reality Check, said he’s seen the products in nearby towns, including in Massachusetts.
“It would be very easy to be pushed into stores,” Herk said. “Some are already illegal, but the Liquor Commission just doesn’t have sufficient staff for sufficient enforcement.”
The Liquor Commission did not respond to an interview request.
Herk said the packaging on these products can be deceptive, and they are marketed as dietary or herbal supplements, despite being synthesized. That’s concerning to him.
“It’s not new,” Herk said, “but a lot of people still aren’t aware of it. These things are foreign-based; none of it is tested or FDA-approved.”
Local ordinances are small in nature — people could drive a short distance to the next town to buy these substances — but Herk said that while federal and state lawmakers continue efforts toward more comprehensive legislation, a local ordinance is a good stopgap measure.
What it could look like: Lancaster as an example
Lancaster’s ordinance prohibits the public display or solicitation of certain psychoactive substances, including synthetic cannabinoids, kratom, nitrous oxide and bath salts. The ordinance prohibits the sale, offer for sale and distribution of the substances.
The ordinance makes exceptions for legitimate, authorized or professional uses of the compounds, such as nitrous oxide in licensed medical, dental, or veterinary practices, or for commercial, industrial or laboratory use.
Lancaster’s ordinance created a violation-level offense with fines of up to $1,000 per offense, and each day the violation continues counts as a separate offense.
Ongoing efforts by lawmakers
State Sen. Daryl Abbas, a Salem Republican, hopes to continue the conversation on kratom. He recently filed a request to draft a bill next year that would classify synthetic and semi-synthetic kratom as a Schedule I controlled drug, prohibiting it from being sold in retail stores.
“Synthetic kratom is essentially over-the-counter heroin, and it’s completely unregulated in New Hampshire,” Abbas said in a press release. “We need to get these powerful drugs off of convenience stores shelves and out of the hands of children.”
This isn’t the first time the Legislature has tried to tackle the issue of kratom. Senate Bill 557, introduced earlier this year by Sen. Deborah Altschiller (D-Stratham) was originally designed to prohibit kratom sales to those under age 21 and later expanded to prohibit kratom sales in New Hampshire entirely. In the House, the bill passed with an unrelated amendment regarding Town Meeting procedures, and when the Senate didn’t agree to the amendment, the bill died.
Other legislative efforts met similar fates, leaving New Hampshire without any legislation on the books about the issue, though lawmakers will revisit the issue next year.
“Kratom exposure and overdoses are increasing across the country. We need to get a handle of these dangerous drugs before we’re in the middle of another epidemic,” Abbas said. “We have bipartisan support to solve this problem, and I know we can get it done in the next session.”