Three States Move on Kratom in the Same Week: Massachusetts, North Dakota, and Minnesota Take Different Paths

Why it matters

The three approaches, an emergency Schedule I order, an executive order plus pharmacy board rule, and a purchase-age increase, show state regulators are experimenting with different tools rather than converging on one model, which means the legal status of kratom will keep varying sharply by state.

The big picture

The moves follow the FDA's 2025 recommendation that consumers avoid 7-OH products and the DEA's July 2026 action to temporarily place 7-OH and three related substances into Schedule I. The American Kratom Association supported Minnesota's more moderate age-restriction approach, signaling industry may prefer regulation over prohibition.

Key findings

• Massachusetts Gov. Maura Healey's administration issued an emergency order placing all kratom forms into Schedule I, effective after a 14-day notice period, lasting up to one year
• North Dakota Gov. Kelly Armstrong's executive order banned sale, use, and possession of all kratom products statewide effective Aug. 5, declaring a public health emergency
• North Dakota's Board of Pharmacy separately classified 7-OH as Schedule I under an emergency rule valid for 180 days
• Minnesota raised the legal purchase age for kratom from 18 to 21, its first major kratom law, effective Aug. 1
• The American Kratom Association supported Minnesota's age-restriction approach over outright bans
• 7-OH makes up less than 2% of total alkaloid content in natural kratom leaves but concentrated derivatives can be 5 to 50 times more potent

What they say

American Kratom Association senior fellow Mac Haddow said consumers should avoid products lacking clear ingredient labels and serving-size recommendations, attributing safety concerns to highly concentrated 7-OH products rather than natural leaf kratom.

Bottom line

**States are testing three different regulatory models at once, outright ban, emergency scheduling, and age restriction, so kratom's legal status will remain a patchwork rather than settle into one national standard anytime soon.**