Is Kratom Legal in Massachusetts? Schedule I Emergency Rule (2026)

Kratom is a Schedule I controlled substance in Massachusetts, but by an emergency regulation rather than a statute. Since August 28, 2026, Department of Public Health (DPH) regulation 105 CMR 726.000, issued under M.G.L. c. 94C, s. 2A, has placed the kratom plant, mitragynine, 7-hydroxymitragynine (7-OH) and three related compounds in Schedule I for one year, to August 28, 2027, unless the Commissioner ends it sooner. Massachusetts has no kratom age limit or retail licensing law, and official state statements disagree about what the change means for criminal charges against individuals. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Massachusetts state law on kratom: the DPH emergency regulation 105 CMR 726.000, its enabling statute M.G.L. c. 94C, s. 2A, DPH's kratom guidance, a Municipal Police Training Committee Legal Advisory, the related definitions, classes and possession section of c. 94C (ss. 1, 2, 31, 34), the operating-under-the-influence statute (c. 90, s. 24) and the kratom bills of the 194th General Court, with one paragraph on federal law. It does not cover individual town or city board-of-health orders, employer or school policies, federal property or other states' laws.

Is kratom legal in Massachusetts?

Kratom has been a Schedule I substance in Massachusetts since August 28, 2026. On that date 105 CMR 726.000 took effect and placed kratom in Schedule I under Massachusetts law. The operative sentence, 105 CMR 726.004, reads:

Kratom is hereby placed in schedule 1 in accordance with M.G.L. c. 94C, § 2A.

The governor's office announced the order on August 13, 2026. Its press release said DPH Commissioner Robbie Goldstein "has issued an emergency order temporarily placing all forms of kratom into Schedule I under Massachusetts law," and that the order "will take effect following a 14-day notice period and remain in effect for up to one year."

The legal source matters. This is a temporary order by the Commissioner, issued as an emergency regulation under a statute that lets the Commissioner act on a finding of imminent hazard. It is not an act of the legislature, and Massachusetts had no kratom statute or scheduling before August 28, 2026. No act passed in 2025 or 2026 addresses kratom.

What the Massachusetts kratom order covers

The regulation reaches the plant and its main compounds, not only concentrated 7-OH. Its definition in 105 CMR 726.000 reads:

Kratom. The plant mitragyna speciosa, mitragynine, 7-hydroxymitragynine (also known as 7-OH), mitragynine pseudoindoxyl (also known as MP), dihydro-7-hydroxymitragynine (also known as MGM-15), 9-fluoro-7-hydroxymitragynine (also known as MGM-16), including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible. Kratom includes any product held out or holding itself out to be kratom.

So the Massachusetts order covers:

• the kratom plant itself (Mitragyna speciosa);
• mitragynine;
• 7-hydroxymitragynine (7-OH);
• three semi-synthetic compounds: mitragynine pseudoindoxyl, MGM-15 and MGM-16; and
• any product held out as kratom.

The definition sets no potency threshold and contains no exception for leaf products. That makes it broader than the federal schedule, which today lists only the three semi-synthetic compounds (see Federal kratom law below).

How long the emergency regulation lasts

The order is temporary by design. M.G.L. c. 94C, s. 2A(a) lets the Commissioner place a substance in Schedule I on a temporary basis on a finding of imminent hazard. Section 2A(c) then sets the order's form and lifespan:

(c) An order issued under subsection (a) shall be an emergency regulation and subject to section 3 of chapter 30A; provided, however, that: (i) no further approval by designated persons or bodies, as referenced in said section 3 of said chapter 30A, shall be required before the emergency regulation becomes effective; and (ii) the emergency regulation may remain in effect for up to 1 year.

Section 2A(d) adds that an order "shall take effect upon the completion of a 14-day notice period," which is why the order published on August 13, 2026 took effect on August 28, 2026.

The regulation's own effective-date clause, 105 CMR 726.005, provides:

The effective date of 105 CMR 726.000 shall be August 28, 2026. 105 CMR 726.000 shall remain in effect for one year from its effective date unless the Commissioner finds during the intervening period that the order stated in 105 CMR 726.004 is no longer necessary.

Under those terms, the order ends on August 28, 2027 unless the Commissioner ends it sooner. DPH's separate position on kratom in food, described in the next section, rests on its food regulations rather than on this order.

Is there an age limit for kratom in Massachusetts?

No. Chapter 94C and the emergency regulation contain no kratom age limit, and Massachusetts has no kratom sales statute. The order does not create a regulated market with an age rule. It treats commercial kratom as a health hazard instead.

Separately from the order, DPH's FAQ to Support Local Boards of Health (August 31, 2026) states: "It is not legal to manufacture or sell food with kratom in Massachusetts." DPH bases that statement on its food regulations, 105 CMR 500.000 (Good Manufacturing Practices for Food) and 105 CMR 590.000 (minimum sanitation standards for food establishments), which require food to come from approved sources and not to be adulterated, and on its position that food containing kratom is adulterated under federal law and under M.G.L. c. 94, s. 186. Those regulations are separate from the one-year Schedule I order and do not share its August 28, 2027 end date. The FAQ applies the same position to non-alcoholic carbonated beverages: "kratom may not be added to water and non-alcoholic carbonated beverages."

Rules for stores and other businesses

Section 2A(g) and 105 CMR 726.006 give the order its enforcement mechanism for businesses. An order under s. 2A comes "with guidance that possession or distribution of the substance by any food, retail or other commercial establishment shall constitute an imminent health hazard." The statute continues:

While the order is in effect, a board of health or an authorized agent, the local inspection department or the equivalent, or a municipal government or its agent may, pursuant to section 30 of chapter 111 and any regulation promulgated pursuant thereto, take any enforcement action consistent with a finding of an imminent health hazard, up to and including summary suspension of a municipal license or permit held by the establishment including, but not limited to, a permit to operate.

That means enforcement against stores runs mainly through local boards of health, and the sanction the statute names is action against the business's municipal license or permit. Individual town and city actions under this authority are outside the scope of this page; contact your local board of health for its approach.

DPH's "Guidance Addressing Possession and Disposal of Kratom Products" (August 28, 2026) applies to individuals and businesses alike:

Upon the effective date of 105 CMR 726.000, any individual or entity in possession of kratom products must immediately act to remove kratom products from public access and dispose of or secure the kratom products in a lawful manner as described in this document.

The same guidance waives the disposition requirements of 105 CMR 700.006(H)(2) for kratom. The waiver is "in effect from August 28, 2026, the effective date of 105 CMR 726.000, until November 30, 2026, unless otherwise extended by the Commissioner."

Is it a crime to possess kratom in Massachusetts?

Official state sources disagree, and this page does not choose between them.

On one side, a state press release dated August 28, 2026, issued when the order took effect, says that Schedule I controlled substances "are illegal to possess, distribute or manufacture."

DPH's template notice for local boards of health to send to retailers goes further:

Under M.G.L. Chapter 94c, s 34, it is unlawful to possess or sell a Schedule I Controlled Substance without a Massachusetts Controlled Substances Registration (MCSR). Accordingly, as of the effective date of the Order, the possession, distribution, or sale of kratom in Massachusetts is illegal, and any person in violation is subject to imprisonment or fine.

On the other, a "Legal Advisory: Kratom" from the Municipal Police Training Committee, published September 8, 2026, says:

The regulation designates kratom as a Schedule I Controlled Substance under Massachusetts law, however, the regulation has no impact on criminal enforcement of substance abuse laws. Kratom is not a Class A, B, C, D or E substance under M.G.L. c. 94C § 31.

The statute frames the question. Chapter 94C, s. 1 defines a "controlled substance" as "a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter," and defines "Class" as "the lists of controlled substances for the purpose of determining the severity of criminal offenses under this chapter." The possession section, c. 94C, s. 34, begins:

No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner while acting in the course of his professional practice, or except as otherwise authorized by the provisions of this chapter.

Its default penalty reads: "Except as provided in Section 32L of this Chapter or as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment."

Whether that section reaches a substance that is in Schedule I but in no class is the open question. The Legal Advisory answers it one way, while the press release and DPH's notice to retailers read the other way. Massachusetts has no kratom-specific criminal penalty. Anyone facing a charge or a question about a specific situation should speak with a lawyer licensed in Massachusetts.

For how Massachusetts handles criminal records if a charge does arise, see our guide to Massachusetts expungement laws.

Kratom bills in the Massachusetts Legislature

Several kratom bills were filed in the 194th General Court. None has become law.

• H.5127 and S.3198 (sales regulation). H.5127 was reported favorably by committee and referred to House Ways and Means on February 19, 2026. S.3198 was reported favorably and referred to Senate Ways and Means on August 10, 2026. The text of H.5127 would bar selling a kratom product "containing a level of 7-hydroxymitragynine in the alkaloid fraction that is greater than 2 per cent of the overall alkaloid composition of the product," and selling a kratom product to "an individual under 21 years of age." H.5127 is a new draft of H.2454 and H.4261, and S.3198 is a new draft of S.1609.
• H.4394 (kratom sales). A new draft of H.1631, reported favorably and referred to House Ways and Means on August 18, 2025.
• S.1558 and H.1680 (bans). S.1558 was sent to a study order (S.3258) on August 20, 2026, and H.1680 to a study order (H.5281) on March 26, 2026.

Bill status can change; the bill pages on malegislature.gov show each bill's current history.

Federal scheduling and Massachusetts

Massachusetts law follows new federal scheduling, but the state order goes further. Chapter 94C, s. 2 directs the Commissioner to issue a regulation controlling a newly federally scheduled substance within 30 days after the final federal notice. DPH's "FAQ to Support Local Boards of Health" (August 31, 2026) puts the effect this way:

Under Massachusetts law, a controlled substance that has been scheduled under the federal Controlled Substances Act is automatically added to the same schedule under state law. ... Accordingly, mitragynine pseudoindoxyl, MGM-15, and MGM-16 are schedule I controlled substances in Massachusetts for the duration of the DEA order.

The same FAQ says that "the following forms of kratom are schedule I in Massachusetts only: the plant Mitragyna speciosa, Mitragynine, 7-hydroxymitragynine (also known as 7-OH), and any product held out or holding itself out to be kratom."

Federal kratom law

Kratom leaf, mitragynine and 7-OH are not listed in the federal schedules in the October 6, 2026 version of 21 CFR 1308.11. The DEA's temporary order placed mitragynine pseudoindoxyl, MGM-15 and MGM-16 in federal Schedule I effective August 26, 2026 (91 FR 54948). The DEA filed a new notice of intent (FR Doc. 2026-20943, filed for public inspection October 9, 2026 and scheduled for publication October 14, 2026) to temporarily place 7-OH and mitragynine pseudoindoxyl in Schedule I when either one, or both combined, is above a threshold: more than 1 mg per gram in solid forms or more than 1 mg per milliliter in liquids, or a ratio of mitragynine to those compounds of less than 100. That notice states that the DEA's July 2026 notice of intent to temporarily schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change," to distinguish them from mitragynine pseudoindoxyl. Neither notice is an order, and the DEA says neither new temporary order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires or is replaced by the new temporary orders, whichever comes first. The FDA's position is that kratom is not lawfully marketed in the U.S. as a drug product, a dietary supplement or a food additive in conventional food, and the FDA has warned consumers not to use kratom because of the risk of serious adverse events. Our kratom laws by state hub covers the federal layer in more detail.

Driving

Massachusetts's operating-under-the-influence statute, M.G.L. c. 90, s. 24(1)(a)(1), applies to driving "while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C." It does not name kratom; whether a given kratom product falls within those defined categories is a question for the court in a particular case. See our guide to Massachusetts DUI laws.

Related

• Kratom laws by state
• Massachusetts DUI laws
• Massachusetts expungement laws
• Massachusetts psilocybin mushroom laws

This article provides general legal information about Massachusetts state law as of October 11, 2026. It is not legal advice. The kratom order is a one-year emergency regulation that the Commissioner can end early, and DPH can change its guidance. For advice about a specific situation, contact a lawyer licensed in Massachusetts or the Massachusetts Department of Public Health.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Massachusetts?

Kratom has been a Schedule I substance in Massachusetts since August 28, 2026 under 105 CMR 726.000, a one-year DPH emergency regulation issued under M.G.L. c. 94C, s. 2A. It covers the plant, mitragynine, 7-OH, three related compounds and any product held out as kratom.

Is 7-OH illegal in Massachusetts?

7-hydroxymitragynine (7-OH) is named in the Massachusetts emergency regulation, 105 CMR 726.000, so it is in state Schedule I along with the kratom plant and mitragynine. Federally, 7-OH is not scheduled; a DEA notice to schedule it above a threshold is pending.

When does the Massachusetts kratom ban end?

Under 105 CMR 726.005, the regulation remains in effect for one year from August 28, 2026, so to August 28, 2027, unless the Commissioner finds before then that it is no longer necessary. M.G.L. c. 94C, s. 2A(c) caps an emergency order of this kind at 1 year. Separately, DPH's FAQ of August 31, 2026 states that it is not legal to manufacture or sell food with kratom in Massachusetts, a position it bases on its food regulations (105 CMR 500.000 and 105 CMR 590.000) rather than on the order.

Is there an age limit for kratom in Massachusetts?

No. Massachusetts has no kratom age limit. Pending bill H.5127 would bar sales to anyone under 21, but it was referred to House Ways and Means on February 19, 2026 and is not law.

Is it a crime to possess kratom in Massachusetts?

Official sources disagree. A state press release and DPH's template notice to retailers say possession is illegal, and the notice cites c. 94C, s. 34 and says violators face imprisonment or fine, while a Municipal Police Training Committee Legal Advisory (September 8, 2026) says the regulation has no impact on criminal enforcement because kratom is not in a Class A to E list under c. 94C, s. 31. For a specific situation, consult a lawyer licensed in Massachusetts.

Can stores sell kratom in Massachusetts?

Under M.G.L. c. 94C, s. 2A(g) and 105 CMR 726.006, possession or distribution of kratom by a food, retail or other commercial establishment is an imminent health hazard, and a local board of health may act up to summary suspension of the business's municipal license or permit.

What should I do with kratom products I already have in Massachusetts?

DPH's guidance of August 28, 2026 says anyone in possession of kratom products must remove them from public access and dispose of or secure them in a lawful manner as described in the guidance. A DPH waiver of certain disposal rules runs until November 30, 2026 unless extended.