MASSACHUSETTS BANS KRATOM FOR ONE YEAR AS LAWMAKERS CONSIDER FURTHER REGULATION

Local lawmakers have a habit of making policy that doesn't match up with the science and federal guidance on kratom. In Massachusetts, a wave of local actions against the plant have trickled to the state level, with authorities targeting all kratom products as lawmakers figure out the next steps forward.

Following years of back-and-forth among local lawmakers and county authorities, the Massachusetts Department of Public Health (DPH) has joined the crusade against kratom in the form of a temporary ban on all products derived from the plant. The kratom ban designed by DPH took effect on Aug. 28 and is set to ban all kratom products in the state for a year as lawmakers in the state study kratom and consider further action. The emergency order was issued at the behest of Gov. Maura Healey in conjunction with DPH.

"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," Healey said.

Loose Logic Leads to Restrictive Rule

Similar to other states that have pursued a complete ban on kratom, the reasoning behind the emergency rule does not hold up to scrutiny.

In Healey's news release, there is mention of mitragynine and 7-hydroxymitragynine (7-OH), which is an alkaloid that occurs in trace amounts in the kratom plant. The news release also referenced recent actions taken by the Food and Drug Administration (FDA) and Drug Enforcement Agency (DEA). Although Healey cited the updated positions by federal agencies, the underlying logic of the governor's position does not match up with federal regulators.

In July of 2025, the FDA announced its intention to target synthetic kratom and specifically mentioned that natural leaf kratom was a separate matter from 7-OH and other enhanced derivatives of the plant. The DEA's actions also make a clear distinction between natural leaf kratom and those with elevated levels of 7-OH and other synthetic byproducts of kratom leaves; the emergency rule in Massachusetts lumps all kratom products into the same category.

The emergency rule was supported by law enforcement, including Julie Flaherty, who is the police chief in Arlington, Massachusetts. As part of the news release announcing the emergency rule, Flaherty said consumer confusion has caused issues in the state.

"Too often, we respond to calls involving products that were purchased legally off a store shelf, with buyers having no real understanding of what they contained or how potent they were," Flaherty said.

Rather than proposing a regulatory structure similar to other states or laws against adulterated products, lawmakers and local health boards have instead targeted all forms of kratom, despite guidance and science from the federal government that makes a clear distinction between natural leaf kratom and those 'enhanced' products.

Nearly 50 local municipalities have made laws either banning or strictly limiting kratom products, with a majority of those actions applying to all forms of kratom instead of differentiating between natural and synthetic. The large number of local actions comes in the absence of statewide policy. Kratom regulations have been proposed in recent years in the state legislature, but have failed to gain meaningful traction.

Local lawmakers have often referred to outdated and inaccurate information from the FDA, DEA and anti-kratom sentiments echoed in the medical community. That has created a disconnect when the kratom question is taken up at the state level, especially as available science and guidance from federal regulators have changed as more studies are conducted on kratom.

Without a consensus opinion, state lawmakers have been deadlocked on the kratom question. That gap in regulation created the circumstances for Healey to issue the temporary rule, and that action was supported by the same voices that led to local bans and restrictions.

"Until now, kratom products were largely unregulated in Massachusetts," said Cheryl Sbarra, the executive director of the Massachusetts Association of Health Boards. "The Governor's action today will help protect residents—particularly young people—from the effects of these unregulated, hallucinogenic products."

Pushback Against the Temporary Ban

Comments by Healey, Sbarra and others have drawn harsh pushback from advocates in the state. In addition to the FDA and DEA switching stances on kratom, comments about kratom's "hallucinogenic" properties and other warnings from health professionals are not backed by the available science.

Another major issue raised by the coalition targeting kratom is the lack of regulation setting an age limit, and that "young people" can legally purchase kratom in the state. Rather than advocate for regulation or age restrictions, Healey opted for a total ban on kratom and passed the burden of regulation onto the state legislature.

Kratom advocates, including the American Kratom Association, have supported reasonable regulations, including laws that limit access to consumers who are at least 21 years old.

Those inconsistencies led a coalition of kratom retailers in the state to sue the DPH. The lawsuit, which was dated Aug. 21, claims that the "blanket ban" on all kratom products does not meet standards established by the legislature and highlights the difference between natural leaf kratom and chemically manipulated 7-OH products.

In a news release about the lawsuit, the AKA pointed to potential economic ramifications of criminalizing retailers that sell natural leaf kratom products.

From the AKA's release: "A narrower approach would align with recent federal actions by the FDA and DEA, which moved to schedule chemically manipulated 7-OH and three related lab-made substances. Retailers who have lawfully sold natural leaf kratom leaf for years should not suddenly face criminal consequences because dangerous new products have entered the marketplace." For the latest on kratom legality in Massachusetts and other states, visit our kratom legality map.