REPORT – ORDINANCE COMMITTEE
June 1, 2026
The Standing Committee on Ordinances and Rules to which was referred the following reports as follows:
1. Ordinance: Ordinance banning the manufacturing, sale and distribution of Kratom in the City of Brockton.
having considered the same, report FAVORABLE AS AMENDED by Motion of Councilor Thompson, 2nd by Councilor Nicastro.
2. Ordinance: Ordinance amending Article V- Stormwater Management Ordinance.
having considered the same, report POSTPONED until the next Ordinance Committee by Motion of Councilor Thompson, 2nd by Councilor Nicastro.
3. Ordinance: Ordinance Amending Chapter 11, Article XII Motor Vehicle Repair relative to definitions, regulations, and enforcement.
having considered the same, report FAVORABLE AS AMENDED by Motion of Councilor Thompson, 2nd by Councilor Nicastro.
MINUTES – ORDINANCE COMMITTEE
June 1, 2026
Held in City Council Chambers at Brockton City Hall. The Standing Committee on Ordinances and Rules was called to order at 6:08 p.m. by Councilor Asack, Nicastro, Griffin, Teixeira, and Thompson present.
Agenda read into the record.
The Committee first considered the following:
#1 on agenda
Comments by Councilor Thompson
(modifications addressing concerns raised at last meeting)
Legislative Counsel read proposed changes
Comments by Councilor Thompson
(widen scope, synthetic kratom and all its form, recommendations from Dr. McCullough, broad scale prohibition on Brockton found being sold in the City, no ability, expertise, or resources to distinguish between synthetic and natural forms, deception in packaging, no testing methods, simpler for inspectional services and police department, moratorium, state bills addressing this topic, state approach for guidance to city, no affect on recreational or medicinal marijuana, changes penalties)
Comments by Commissioner of Health and Human Services, Wadezah McCullough
(abilities, testing, research, 2 pages of kratom products recalled or issued warnings, unregulated, changes can be made later on)
Comments by Jazmine Bradsher, Director of Social Services
(feedback, varying opinions, kratom used for weening, safely doing this, side effects not clear, vary, medical concerns, unregulated product, symptoms, conditions, in favor of the proposed changes)
Comments by Lt. Schilemann
(agrees with the proposed changes)
Comments by Councilor Nicastro
(improvement, agrees with banning it, no effective date, time to get the word out)
Comments by James Doucette, Chief of Inspectional Services
(60 days for compliance, guidance when something similar was done with flavored tobacco)
Comments by Councilor Nicastro
(amend the ordinance to include the 60 days)
Comments by Councilor Thompson
(okay with that, what would it look like to give notice)
Comments by James Doucette, Chief of Inspectional Services
(notification process)
Motion to Amend by Councilor Nicastro to insert the language to Section 4, “This ordinance shall take effect sixty (60) days from final passage of this Ordinance”, 2nd by Councilor Thompson. Motion carried unanimously.
Motion by Councilor Thompson to Amend as follows:
Add “PRODUCTS, SYNTHETICALLY DERIVED CANNABINOIDS, AND UNREGULATED NOVEL INTOXICATING PRODUCTS” to the title of the Ordinance.
Delete the entirety of the Purpose section and insert in its place, “The City of Brockton recognizes that the manufacturing, sale, and distribution of synthetic and unregulated substances, including but not limited to synthetically derived cannabinoids, kratom products (both natural and synthetic forms), 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, vape shops, and online marketplaces where few, if any, safeguards are in place to protect consumers.”
Add the following definitions to Section 2:
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 by a chemical reaction that changes the molecular structure of any natural cannabinoid derived from the plant Cannabis to another cannabinoid found naturally in the plant Cannabis. Synthetically Derived Cannabinoids include but are not limited to delta-8 and delta-10.
Unregulated Synthetic Products. Any psychoactive substance not approved by the U.S. Food and Drug Administration FDA or Massachusetts Cannabis Control Commission and not specifically authorized for sale under Massachusetts law, and not exempted under this regulation including novel intoxicating products.
Unregulated Novel Intoxicating Products. Any substance, compound, or mixture, whether natural, synthetic, or semi-synthetic, that is intended for human consumption or ingestion, inhalation, absorption, or any other method of introduction into the human body, 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.
Change the section name of section 4 to be “MORATORIUM PROHIBITING THE SALE, DISTRIBUTION, OR OTHERWISING PROVIDING FOR HUMAN CONSUMPTION”
Change the wording of section 4 so that it reads as follows:
No person shall manufacture, distribute, sell, offer for sale, provide for human consumption, or possess within the licensed establishment in the City of Brockton the following:
1. Kratom (both natural and synthetic forms)
2. Synthetically Derived THC
3. Unregulated Novel Intoxicating Products
This shall apply to any product with similar ingredients or product operating under a different name.
This shall not apply to Cannabis products sold through state-licensed medical or adult-use dispensaries regulated by the Massachusetts Cannabis Control Commission.
In Section 4, strike the words “within a 36 month period” from 2(i), change two thousand dollars ($2,000) to be one thousand dollars in 2(ii), and change five thousand dollars ($5,000) to be one thousand dollars in 2(iii).
2nd by Councilor Nicastro. Motion carried unanimously.
Motion to recommend FAVORABLE AS AMENDED by Councilor Thompson, 2nd by Councilor Nicastro. Motion carried unanimously.
Next, the Committee considered the following:
#2 on agenda
Motion to report POSTPONED until the next Ordinance Committee meeting by Councilor Thompson, 2nd by Councilor Nicastro. Motion carried unanimously.
Next, the Committee considered the following:
#3 on agenda
Councilor Teixeira recused himself.
Comments by Councilor Thompson
(need brought to his attention for clean up to the motor vehicle repair license, need for changes)
Comments by James Doucette, Chief of Inspectional Services
(began inspections in May 2025, 150+ facilities, need for guidance and improvement, enforcement language needed, monetary fines, parking plan)
Comments by Brendan Weeks, Deputy Fire Chief
(safety, multiple ignition sources, shops are overflowing, difficulties)
Comments by Councilor Asack
(congrats given to James Doucette)
Comments by Councilor Thompson
(refers back to existing language, added or amends, multiple meetings to discuss this matter, believes this will be more affective in enforcement of motor vehicle licenses)
Comments by Timothy Cruise, City Clerk
(huge problem, file cabinet from prior work with law department and Councilor Nicastro for 2 years of meeting, needed backing from enforcing agencies, huge changes with Deputy Weeks and Mr. Doucette, problems, condo type garages, parking plans, like to take out “with the approval of the City Council” for suspension, politics taken out of it, time period to get it before the council, suspension at recommendation of enforcement designees, delete the line, not done lightly, this is enforcement, asset for the City)
Motion by Councilor Thompson to amend as follows:
Add “Notwithstanding the limitation on the number of motor vehicle repair and auto body repair licenses, any person or entity operating a motor vehicle repair or auto body repair shall obtain a license with the City of Brockton in accordance with the City’s Ordinances.” to Section 11-211, add “No person or entity shall operate a motor vehicle repair, garage, or auto body operation without first obtaining a transfer of the license from the City Council.” To 11-211(e), add “the police department” to 11-213(c), add “The license holder shall be responsible for notifying the city clerk, department of inspectional services, police department and fire department of any changes to the manager’s contact information.” to 11-213(e), to delete “or suspend” from section 11-214 and insert the following new sentence “Said department or designee of the city may report and recommend suspension of any license applicable under this Ordinance to the City Clerk who is authorized to suspend and given notice of the license suspension to the license holder.” and “The City is authorized to tow vehicles for violations of the parking plan for the premises with all costs of the tow to be assessed to the license holder.”.
2nd by Councilor Nicastro. Motion carried unanimously.
Motion by Council Thompson to add “Section 11-216 is amended by deleting “or suspend”, 2nd by Councilor Nicastro. Motion carried unanimously.
Comments by Councilor Nicastro
(effective date?)
Comments by James Doucette, Chief of Inspectional Services
(series of meetings for license holders, written notice, parking plan timeline compliance)
Comments by Councilor Nicastro
(renewal would be next year)
Comment by Timothy Clerk
(notices, thinks 6 months is not outrageous, unrealistic otherwise)
Comments by Councilor Thompson
(6 months for all or parts of the ordinance)
Comments by James Doucette, Chief of Inspectional Services
(just parking)
Comment by Timothy Clerk
(needs to be on file with City Clerk, May 1st for renewals)
Motion by Councilor Nicastro to strike section 11-216(f) and insert in its place “Each location shall submit with their application and any application for renewal of their license a parking plan for the premises approved by the Brockton Fire Department. A copy of the parking plan and license shall be visibly posted at the property by December 1, 2026 and continuously thereafter. Failure to comply with the parking plan by the license holder shall be deemed a violation of this ordinance.”, 2nd by Councilor Thompson. Motion carried unanimously.
Comments by James O’Brien
(all been covered)
Motion to report FAVORABLE AS AMENDED by Councilor Thompson, 2nd by Councilor Nicastro. Motion carried unanimously.
Motion to adjourn by Councilor Thompson, 2nd by Councilor Nicastro. Motion carried unanimously.
Meeting was adjourned at 7:08pm.
Documents: None.