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Is Kratom Legal in Massachusetts?

No, not while the emergency order stands. On August 28, 2026, the Department of Public Health temporarily placed all forms of kratom in Schedule I under 105 CMR 726.000, for up to one year. Sale and possession without a Massachusetts Controlled Substances Registration are prohibited statewide, and the order has no potency threshold. Bills that would replace the ban with a regulated market are pending but have not passed.

Last verified . General information, not legal advice.

What changed recently

  1. Northampton moved to pull kratom from store shelves.
  2. H. 5127, a kratom regulation bill, was sent to House Ways and Means.
  3. The House passed economic development bill H. 5576 with kratom regulation language, including a 2% 7-OH cap and an under-21 ban.
  4. H. 5576 went to a conference committee after the Senate amended it. Whether the kratom language survives is unknown.
  5. S. 3198, a full kratom regulation bill, was reported favorably and sent to Senate Ways and Means.
  6. The Healey administration announced the emergency order and DPH published 105 CMR 726.000.
  7. The order took effect, placing all kratom in Schedule I for up to one year.
  8. Federal: DEA published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a set threshold. The state order is broader.

The Massachusetts rules in detail

What the emergency order covers

Per DPH and municipal summaries, the order reaches any product marketed as kratom or containing Mitragyna speciosa, mitragynine, 7-OH, mitragynine pseudoindoxyl, MGM-15 or MGM-16, plus their isomers, esters, ethers and salts. Unlike the federal 7-OH proposal, it does not exempt botanical kratom below a threshold. The full regulation text could not be read, so exemptions rest on those summaries.

How long it lasts

M.G.L. c. 94C Sec. 2A lets the Commissioner schedule a substance temporarily on an imminent-hazard finding, for up to one year. One town notice gives the end date as August 28, 2027. The statute has no extension clause. Whether the order can be renewed or replaced by a permanent rule is not settled.

Who may still hold kratom

Only holders of a Massachusetts Controlled Substances Registration may possess Schedule I substances. There is no kratom retail license. DPH has issued possession and disposal guidance, a kratom transfer record form and a secure-inventory record form for businesses holding leftover stock.

Bills that could replace the ban

S. 3198 would create a regulated market: 21 and over, 7-OH capped at 0.5 mg per gram and 1 mg per serving, mitragynine capped at 150 mg per serving, no synthetics, no smokable, vape or injectable forms, and DPH online registration for sellers. H. 5127 is a separate regulation bill. H. 5576 carried kratom rules with a 2% 7-OH cap in its House version. S. 1558 would ban kratom outright. None has been enacted.

Local rules inside Massachusetts

State law is not the whole picture. Cities and counties can add their own rules, and some already have.

  • Hanover, Lowell, Belchertown, Dracut, Yarmouth and Chelmsford. Boards of health moved to prohibit kratom sales before the state order, per GBH.
  • Northampton. Moved to pull kratom from shelves in 2025.
  • Springfield. Discussed a ban in early 2026.
  • Boston. The City Council explored a ban on synthetic 7-OH products.
  • Ashland and Colrain. Ashland drafted a kratom regulation and Colrain considered a ban in August 2026.

Enforcement and penalties

DPH and local boards of health enforce the order. Boards can issue cease-and-desist orders and citations, remove products, and suspend a municipal license or permit to operate, including by summary suspension.

Criminal exposure is unclear. Some town notices cite M.G.L. c. 94C Sec. 34 and say violators face imprisonment or a fine, while a DPH legal advisory says the order does not assign kratom to a penalty class. The research could not confirm criminal penalty amounts, so get Massachusetts counsel before taking any position.

Federal context

Federal rules sit on top of state law. As of the sources we reviewed on October 18, 2026, DEA had temporarily scheduled mitragynine pseudoindoxyl, MGM-15 and MGM-16 (effective August 26, 2026). On October 14, 2026 it published a notice of intent to temporarily schedule 7-OH and mitragynine pseudoindoxyl above a threshold (more than 1 mg per gram or per mL, or less than 100 times as much mitragynine as 7-OH); that order cannot take effect before about November 13, 2026. DEA has said its action does not override stricter state law. Check the Federal Register for anything newer, and see our overview of kratom laws for sellers for the federal background.

What this means for sellers

  1. Do not ship any kratom product, leaf or extract, to a Massachusetts address while the order is in effect.
  2. Screen wholesale and online orders for Massachusetts ship-to and bill-to addresses.
  3. Tell Massachusetts retail accounts in writing that supply is paused under 105 CMR 726.000.
  4. Get Massachusetts counsel before any sale, transfer or disposal of stock already in the state.
  5. Track S. 3198, H. 5127 and the H. 5576 conference report, and recheck before the order's one-year limit in August 2027.

Kratom.One does not accept orders shipping to Massachusetts. If you sell in other states, tell us your ship-to states and we will review them before quoting.

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Massachusetts kratom law FAQ

Is kratom legal in Massachusetts?

No, not right now. A DPH emergency order placed all kratom in Schedule I on August 28, 2026, for up to one year.

Does the Massachusetts ban cover plain leaf kratom?

Yes. The order covers all kratom, including natural leaf, with no potency threshold.

How long will the Massachusetts kratom ban last?

The emergency power allows up to one year, and one town notice says through August 28, 2027. Whether it can be renewed or made permanent is unclear.

Are towns enforcing the Massachusetts kratom ban?

Yes. Local boards of health can issue cease-and-desist orders and citations, remove products and suspend business permits.

Could Massachusetts regulate kratom instead?

Several bills would. S. 3198 would allow sales to adults 21 and over with tight 7-OH limits and seller registration, but none has passed.

How we verified this page

We checked the sources below on October 18, 2026. Where a primary source (a statute, bill text or agency release) was available we relied on it, and we say so when a detail comes from news coverage or a secondary summary.

What we have not confirmed yet
  • The full text of 105 CMR 726.000 and DPH FAQs could not be read; coverage, exemptions and the end date rely on town summaries and the DPH web page.
  • Criminal exposure: town notices and the DPH legal advisory conflict, so criminal penalties are unconfirmed.
  • Whether the order can be renewed or replaced by a permanent rule or statute after August 2027.
  • Whether shipments from out of state into Massachusetts are being enforced, and by whom.
  • Final status of the H. 5576 conference report and of S. 3198, H. 5127 and S. 1558.
  • A complete list of towns with their own kratom bans or board of health rules.

This page is general information, not legal advice. Laws change often and vary by city and county. Confirm the current rules with qualified counsel before you sell or ship, and recheck on a schedule.

These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Sold to businesses and adults 21 and over only. We do not ship to states or localities where sale is prohibited.