On August 13, 2026, the Commissioner of the Massachusetts Department of Public Health signed an Order pursuant to Massachusetts General Laws (M.G.L.) Chapter 94C, Section 2A, temporarily designating kratom, as defined in the Order, as a Schedule I Controlled Substance. The emergency action was taken by the Commonwealth to address public health concerns associated with kratom products and their availability within Massachusetts.
Kratom is widely sold in smoke shops, convenience stores, and gas stations in the powders, tablets, capsules, gummies, dissolvable strips, and other forms. Kratom products have been unregulated and can vary significantly in their potency and ingredients, making it difficult for consumers to know what they are purchasing or the potential health risks. Associated side effects of kratom use include sedation, confusion, hallucinations, respiratory depression, kidney and liver injury, and cardiac problems. Regular kratom use can also lead to physical dependence and withdrawal symptoms similar to opioid withdrawal.
Under M.G.L. Chapter 94C, Section 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.
Pursuant to M.G.L. Chapter 94C, Section 2A, municipalities are authorized to take enforcement action against licensed commercial establishments that continue to sell kratom. Enforcement actions include, but are not limited to, cease-and-desist notices, citations, and suspension of municipal licenses or permits, including permits to operate.
Beginning on the Order’s effective date, August 28, 2026, the Williamstown Community Development Department, including local Board of Health officials and inspectional services personnel, may take enforcement action against establishments that continue to sell kratom products. The Order may remain in effect for up to one calendar year from its effective date, through August 28, 2027.
The Order applies to any product marketed as kratom and any product containing:
- Mitragyna speciosa
- Mitragynine
- 7-hydroxymitragynine (7-OH)
- Mitragynine pseudoindoxyl (MP)
- Dihydro-7-hydroxymitragynine (MGM-15)
- 9-fluoro-7-hydroxymitragynine (MGM-16)
- Any isomers, esters, ethers, salts, or salts of isomers, esters, or ethers of the substances listed above where such forms exist.
For additional information about the Emergency Order, please visit:
- Emergency Regulation 105 CMR 726.00 Temporary Placement of kratom in schedule 1 pursuant to M.G.L. Chapter 94C, Section 2A: Emergency Regulation
- Governor Press Release: Governor Healey Takes Action to Protect Young People and Residents from Dangerous Kratom Products
- www.mass.gov/kratom
Businesses are encouraged to review their inventory and ensure compliance before the Order takes effect on August 28, 2026. If you have questions about the Order or its application to your establishment, please contact the Williamstown Board of Health at rrussell@williamstownma.gov or by phone at (413) 458-9344. Thank you for your cooperation.