Is kratom legalin Massachusetts?

Massachusetts has banned kratom by emergency order. On August 13, 2026, Governor Maura Healey and Department of Public Health Commissioner Robbie Goldstein announced an emergency order temporarily placing all forms of kratom, natural leaf included, into Schedule I under Massachusetts law. The order took effect August 28, 2026 after a 14-day notice period and remains in effect for up to one year, and it gives local boards of health and municipal officials added authority to act against retailers selling kratom products. The executive action landed after the legislature stalled: statewide ban bill S.1558 was never reported out of the Joint Committee on Public Health by its extended July 31, 2026 deadline, while the regulatory redraft H.5127 (21+ sales, lab testing, 7-OH limits) remained pending in House Ways and Means. The order is being challenged in court. On August 27, 2026, four retailers, Rihaan Corporation of Salem, Bhakti LLC of North Billerica, V and K Smoke Shop LLC of Quincy, and Ambreen and S Inc. of Bellingham, filed suit in Suffolk County Superior Court against the Department of Public Health and Commissioner Goldstein seeking a temporary restraining order and a preliminary injunction. They argue the Commissioner exceeded his authority, failed to make the three findings the emergency Schedule I statute requires, reached the whole plant rather than the concentrated derivatives that prompted the action, and delegated enforcement to municipalities without notice or a pre-suspension hearing. As of the August 27 reporting no judge had acted, no hearing was scheduled, and DPH had not been served; the order took effect the next day. The American Kratom Association has said it is working to counter the order. More than 20 cities and towns had already enacted local kratom sales bans before the statewide action.

Local exceptions. Statewide emergency Schedule I order announced August 13, 2026, in force since August 28, 2026, for up to one year; all forms of kratom covered. Local bans in over 20 cities and towns predate it, and cities are using the added local authority: Springfield took a local ordinance up in committee on August 20, 2026 with a full council vote expected in September. Four retailers sued in Suffolk County Superior Court on August 27, 2026 to halt the order; no court has stayed it.