Massachusetts, North Dakota, and Florida Move Ahead of DEA With Emergency Kratom Bans

Why it matters

The DEA's July 2026 move to temporarily schedule 7-OH is narrower than it may appear — it leaves kratom leaf untouched. Three states decided that wasn't enough and have gone further, banning kratom broadly through emergency orders. The result is a fragmented national landscape where the same product is legal in one state and a criminal offense in the next.

The big picture

Since 2013, Florida alone has linked at least 587 overdose deaths to kratom-related compounds. The federal DEA action targets only 7-OH above a specific concentration threshold, not botanical kratom leaf. States that have enacted broader bans argue that the leaf vs. concentrate distinction is too subtle when products are widely mislabeled and sold without age restrictions at gas stations and smoke shops. North Dakota has called a special legislative session for September 2 to codify its emergency order into law.

Key findings

• Massachusetts Public Health Commissioner Dr. Robbie Goldstein issued an emergency order on August 13, 2026, placing all forms of kratom into Schedule I under state law
• North Dakota Governor Kelly Armstrong declared a public health emergency on August 5, banning sale, use, and possession of all kratom products statewide
• Florida's attorney general signed an emergency rule in June placing concentrated 7-OH and six related compounds in Schedule I; products may contain no more than 1 mg per gram
• The DEA's federal action targets only 7-OH above set thresholds — botanical kratom leaf remains unscheduled
• Poison control calls related to kratom doubled in 2025 compared to prior years, triggering the wave of state action

What they say

"We are seeing this affect Floridians of all ages, from infants to the elderly, which speaks directly to how aggressively and irresponsibly this drug is marketed," said Dr. Cory Howard, an emergency physician and medical toxicologist at Tampa General Hospital.

Bottom line

Three states have moved faster and further than federal regulators, banning all kratom rather than just 7-OH — creating an increasingly patchwork legal landscape that businesses and consumers are scrambling to interpret.