$1,000 Fines Anchored in Proposed Harwich Ban on Kratom and Synthetic Cannabinoids

Key Points

  • Proposed total ban on kratom and synthetic cannabinoids would include $1,000 fines for retailers
  • Board rejects three-year sewer extension for Halls Path resident despite $15,000 cost estimate
  • Variance approved for Snow Inn Road project involving two-bedroom reduction near Witchmere Harbor
  • Health Director warns that ADU permits will be withheld until mandatory sewer connections are completed
  • Permit fees waived for upcoming ROAR motorcycle ride supporting opioid addiction recovery

Harwich health officials are drafting a total ban on kratom and synthetically derived cannabinoids, following expert testimony that partial regulations are nearly impossible to enforce. Cheryl Sabara, Executive Director of the Massachusetts Association of Health Boards, warned the Board of Health on Wednesday that distinguishing between natural kratom and high-potency synthetic variants creates an overwhelming task for local inspectors. Sabara noted that while some residents use natural kratom for chronic pain, the rise of adulterated products featuring high doses of 7-hydroxymitragynine has led approximately 14 Massachusetts municipalities, including Mashpee, to implement full prohibitions.

Chair Kevin Dupont expressed support for a town-wide ban until state or federal oversight is established, stating, I feel it is our duty to ban it. I would like to see the state or federal governments regulate this like cannabis or tobacco, but trying to regulate that from a town level is going to be an absolute nightmare. Discussion turned toward the compliance hammer model recently adopted by other Harwich boards to deter repeat offenders. One board member argued that a standard $300 fine might be viewed as merely a cost of doing business, prompting Dupont to suggest a steeper penalty. It's $1,000 for selling tobacco to a minor. No reason the fine shouldn't be $1,000, Dupont said. Health Director Carrie Shirona indicated she will present a final version of the regulation for a vote next month.

In environmental business, the board addressed nitrogen mitigation at 31-33 Snow Inn Road. Sean Riley of Coastal Engineering presented a plan to reduce the property from nine bedrooms down to seven and relocate the septic system outside the 100-foot coastal bank buffer. While Witchmere Harbor is not currently classified as a nitrogen-impaired watershed like Pleasant Bay, the board debated whether to require Innovative/Alternative (I/A) technology. Riley argued that the reduction in bedrooms provides a significant benefit, noting that Witchmere Harbor... has plenty of flushing. Motion Made by [SPEAKER_08] to approve the variance request for 31-33 Snow Inn Road with the condition that the dwelling is restricted to seven bedrooms and no garbage disposal is installed. Motion Passed 5-0.

The financial burden of the town’s multi-phase sewer project was also on display as residents sought relief from connection costs. Resident Kahun requested a three-year extension for 1356 Halls Path, citing quotes ranging from $10,000 to $15,000. I'm a single person trying to make it on Cape Cod, Kahun told the board, adding that they hoped to build an Accessory Dwelling Unit (ADU) to generate the rental income needed for the work. Shirona reminded the applicant that the town’s streamlined ADU septic guidance does not bypass infrastructure requirements: We wouldn't issue any building permits for an ADU until the sewer connection is permitted. While sympathetic, the board held to its standard of shorter deferments. Motion Made by [SPEAKER_06] to grant a one-year extension for the sewer connection at 1356 Halls Path. Motion Passed 5-0.

The board further addressed Phase 2 enforcement for properties lagging behind the connection deadline. Motion Made by [SPEAKER_08] to grant a six-month extension for the sewer connection at 179 Church Street. Motion Passed 5-0. Members noted that of the 100 residents who have yet to connect in that area, only 30 have contacted the department to explain their circumstances.

Finally, the board moved to waive permit fees for the Ride for Opioid Addiction Recovery (ROAR) food event at the Cape Cod Regional Technical High School. Motion Made by [SPEAKER_09] to approve the food event fee waiver for ROAR. Motion Passed 5-0. Shirona also highlighted the upcoming town health fair on April 25, which will feature health screenings and an appearance by State Senator Julian Cyr. To maintain public safety standards at local swimming areas, the board also authorized a monthly sampling schedule for Tier 3 beaches at Pleasant Bay and Earl Road. Motion Made by [SPEAKER_08] to continue the monthly sampling frequency for Pleasant Bay and Earl Road beaches. Motion Passed 5-0.