Legal

Is Kratom Legal in Massachusetts?

No, not right now. A Department of Public Health emergency order placed every form of kratom in Schedule I on August 28, 2026, for up to one year, and retailers are suing to stop it.

October 30, 2026 · 8 min read · Last checked: October 30, 2026

Current legal status

Kratom is not legal to sell or possess in Massachusetts as of October 30, 2026. Public Health Commissioner Robbie Goldstein issued an emergency order on August 13, 2026, at Governor Maura Healey's direction. It took effect on August 28.

The order places kratom in Schedule I under state law. The state's press release says Schedule I substances are illegal to possess, distribute, or manufacture.

This is a temporary measure. It runs for up to one year. What happens after that depends on the legislature, a pending lawsuit, and federal action.

The law: M.G.L. c. 94C, § 2A and 105 CMR 726.000

The statute

Section 2A of Chapter 94C lets the Public Health Commissioner temporarily place a substance in Schedule I. The Commissioner must find it necessary to avoid an "imminent hazard to the public safety," after weighing abuse potential and history.

The statute sets the mechanics:

1. The order is an emergency regulation and needs no further approval.
2. It takes effect after a 14-day notice period that starts when it is posted.
3. It can stay in effect for up to one year.
4. Copies go to hospitals, legislative public health chairs, local boards of health, and the U.S. Attorney General with a request for federal scheduling.

The regulation

The order appears as 105 CMR 726.000, published in the Massachusetts Register (No. 1581) on August 28, 2026. It has six sections, covering findings, purpose, definitions, the order, the effective date and duration, and guidance to boards of health.

Its definition of kratom is broad. It includes:

• The plant Mitragyna speciosa.
• Mitragynine and 7-hydroxymitragynine (7-OH).
• Mitragynine pseudoindoxyl, MGM-15, and MGM-16.
• Their isomers, esters, ethers, and salts.
• Any product that holds itself out as kratom.

The regulation sets no concentration threshold and lists no exemptions. Section 726.005 says it lasts one year unless the Commissioner finds it is no longer necessary sooner.

Age limits

Age limits don't apply while the order is in effect, because sale is not allowed to anyone.

Pending bills would add one if the legislature chooses regulation over a ban. The House economic development bill's kratom language, as reported by GBH, would bar sales to anyone under 21.

Labeling and product rules

Massachusetts has no Kratom Consumer Protection Act. With all kratom in Schedule I, no labeling or testing rules govern legal sales, because there are none.

That could change. GBH reported in August that the House economic development bill, H 5576, includes KCPA-style kratom language. As described, it would:

• Require labels with the manufacturer's name and address, an ingredient list, and directions for use.
• Bar products contaminated with non-kratom substances.
• Bar products with 7-OH above 2% of the alkaloid fraction, and products with synthetic alkaloids.
• Bar sales to anyone under 21 and set fines.
• Direct DPH to write rules, including safety testing standards.

The Senate passed a different version of H 5576 on July 24, 2026. Both chambers named conference committees on July 30, and the bill had no later recorded action on the legislature's site.

7-OH and synthetic compounds

Under the state order, 7-OH is Schedule I at any concentration. So are mitragynine pseudoindoxyl, MGM-15, and MGM-16.

Federal law is narrower. DEA placed mitragynine pseudoindoxyl, MGM-15, and MGM-16 in Schedule I effective August 26, 2026. For 7-OH, DEA published notice on October 14, 2026 of intent to temporarily schedule it above 1 mg per gram for solids or 1 mg per mL for liquids. That order cannot issue until 30 days after the notice.

Enforcement and penalties

Retailers

The regulation tells local boards of health that possession or distribution of kratom by a food, retail, or commercial business is an imminent health hazard. Boards may act under M.G.L. c. 111, § 30, up to summary suspension of a municipal license or permit.

DPH's kratom page lists tools for boards: a notice letter to retailers, a cease-and-desist template, Food Code guidance, and forms for product transfer and secure storage. Questions about kratom sales go to the local board of health.

Individuals

This part is not clear. The state says Schedule I substances are illegal to possess. But neither § 2A nor the regulation sets criminal penalties, and other sections of Chapter 94C set penalties largely by drug class.

We could not confirm from official sources how criminal possession penalties apply to kratom under this order. As of September 25, the Harvard Crimson reported no specific enforcement actions or possession cases. DPH's kratom page links to separate guidance on possession and disposal. Read it, or ask a Massachusetts attorney, before deciding what to do with products you own.

City and town bans

Many Massachusetts towns moved before the state did. Their board of health rules are separate from the state order, so they do not expire with it. The Harvard Crimson reported that 35 municipalities had regulated or banned kratom before the order, and 14 more acted after.

Not a complete list. Check your own town's board of health regulations.

Our overview of city and county kratom bans explains how local rules interact with state law.

Buying and shipping notes

• Don't order kratom to a Massachusetts address. Under state law it is a Schedule I substance until the order ends or is struck down.
• Expect vendors to refuse. Vendors keep their own no-ship lists to avoid shipping into banned areas. Our shipping restrictions explainer covers how those lists work.
• Crossing state lines doesn't fix it. Buying in a neighboring state and bringing it home still means possessing it in Massachusetts.
• If you use kratom daily, plan for withdrawal. DPH warns that regular users who stop are likely to have withdrawal symptoms and should seek medical care or treatment.

What's pending

• The lawsuit. Four retailers sued DPH and Commissioner Goldstein in Suffolk County Superior Court in August. They argue the Commissioner lacked authority, the emergency findings fall short, and the order is overbroad because it covers natural leaf. A ruling on their injunction request had not been reported as of September 25, and we could not confirm one as of October 30.
• The economic development bill. H 5576's kratom language would regulate rather than ban leaf for adults 21+. It is in conference committee.
• Standalone bills. H 5127, "An Act relative to kratom," was reported favorably by the Judiciary Committee on February 19, 2026 and sent to House Ways and Means. Western Mass News reported S 1558 would ban kratom sales outright.
• Order expiration. The order ends by late August 2027 at the latest unless the Commissioner ends it sooner. A permanent ban or regulation would need legislation.
• Federal 7-OH order. The earliest it could publish is about November 13, 2026.