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Massachusetts Leads Wave of State Kratom Restrictions

8/15/2026, 1:45:56 AM

Core Event: Emergency Order Places Kratom in Schedule I

On August 13, 2026, Governor Maura Healey announced that Department of Public Health Commissioner Dr. Robbie Goldstein issued an emergency order classifying all forms of kratom as a Schedule I substance under Massachusetts law. The order takes effect after a 14-day notice period and may remain in force for up to one year, giving local health boards and municipal officials authority to enforce the ban.

Background & Context

Kratom (Mitragyna speciosa) is a tropical tree native to Southeast Asia. Its leaves contain the alkaloids mitragynine and 7-hydroxymitragynine (7-OH). Low doses act as a stimulant; higher doses produce opioid-like effects. The U.S. Food and Drug Administration (FDA) has warned that kratom products can cause seizures, liver toxicity, dependence, and, in rare cases, death. Because the plant is not regulated as a drug, dietary supplement, or food additive, products appear in gas stations, convenience stores, and smoke shops nationwide.

State actions have accelerated while federal regulation remains limited. North Dakota declared a public-health emergency earlier this month, banning sale, use, and possession of all kratom products and calling a special legislative session. Florida’s attorney general signed an emergency rule in June that limits the concentration of 7-OH to 1 mg per gram or milliliter. The Drug Enforcement Administration (DEA) announced on July 1 that it intends to temporarily place 7-OH and three related substances in Schedule I, leaving the botanical plant itself unscheduled if 7-OH content stays below the set threshold.

Data & Statistics

  • Florida medical examiners have linked at least 587 overdose deaths since 2013 to 7-OH–containing kratom products.
  • The National Institute on Drug Abuse reports that 1.7 million Americans aged 12 and older used kratom in 2021.
  • A Mass General Brigham study published in spring 2024 documented a significant increase in hospital visits noting kratom between 2017 and 2024.
  • The Rockefeller Institute of Government notes that fourteen states have enacted full bans or scheduling, while 23 states have introduced age-restriction measures.

Official Statements & Responses

Governor Healey framed the order as a protective measure for “young people and residents,” emphasizing the difficulty consumers face in assessing product potency. Dr. Goldstein said the state needed a “nimble” public-health response to an “emerging threat” and that the temporary ban would allow municipalities to craft longer-term rules. The Massachusetts Department of Public Health announced an informational webinar for local boards, health-care providers, and substance-use programs, and launched a resource site (mass.gov/kratom) offering guidance on overdose response and treatment options.

Criticism & Opposition

Rep. Bobbie Harder (Minnesota) warned that “kratom is not a harmless product” and supported raising the purchase age to 21.

Conflicting Reports & Gaps

Sources differ on the total number of states with full kratom bans. One outlet cites eight states (including Vermont and Connecticut) as having bans, while another reports fourteen states with bans or scheduling. Both figures lack a definitive source, highlighting a gap in nationwide tracking. The long-term impact of the Massachusetts emergency order on illicit-drug use and on patients who rely on kratom for opioid-withdrawal management remains unstudied.

What’s Next

  • The Massachusetts order will become effective on August 28, 2026 and remain in place for up to one year.
  • The DEA’s temporary scheduling of 7-OH is expected to take effect later this month, pending final rulemaking.
  • Several Massachusetts municipalities—including Lowell, Hanover, and Rockland—have already enacted local bans and may adjust enforcement as state guidance is issued.