Policy · 2026-08-13
Massachusetts Issues Emergency Order Placing Kratom in Schedule I, Banning All Statewide Sales
Source: Boston Herald
Why it matters
Massachusetts joining North Dakota with a statewide kratom emergency order in the same week marks a significant policy inflection point. Two states have now acted unilaterally while federal regulation lags — setting a template others may follow.
The big picture
Massachusetts Governor Maura Healey's emergency order on August 13, 2026 comes as the DEA moves to temporarily schedule 7-hydroxymitragynine federally and as a wave of states — Kansas, Tennessee, and others — have recently enacted their own bans. The Massachusetts order places all kratom forms in Schedule I under state law for up to one year, giving local health boards new enforcement authority. Several Massachusetts municipalities had already acted locally, including Lowell, Hanover, Rockland, and others.
Key findings
- Public Health Commissioner Robbie Goldstein issued the emergency order classifying all kratom forms as Schedule I substances statewide
- The order takes effect after a 14-day notice period and lasts up to one year
- Kratom is widely sold in Massachusetts convenience stores, gas stations, and smoke shops as tablets, gummies, and capsules
- The DEA had filed notices of intent in July 2026 to temporarily schedule 7-OH and related substances at the federal level
- HHS Secretary RFK Jr. called concentrated kratom products "dangerous opioids that fuel addiction"
- Massachusetts House legislation (H 5576) with labeling and age-21 requirements remains in conference committee
What they say
"Dangerous kratom products are being sold in stores across Massachusetts with little oversight, and people — including children — often have no way of knowing what they're buying or how potent it is," Governor Healey said in announcing the action.
Bottom line
Massachusetts becomes the latest state to bypass slow federal action with an emergency kratom ban — and the breadth of the order, covering all forms of kratom, sets it apart from more targeted municipal moves.