On August 13, 2026, Massachusetts Department of Public Health (DPH) Commissioner Robbie Goldstein issued an emergency order placing all forms of kratom into Schedule I under state controlled substance laws.
Key Details of the Emergency Order
- Effective Date: Takes effect on August 28, 2026, following a mandatory 14-day notice period.
- Duration: Can remain in effect for up to one year (through August 2027) while broader regulatory framework or legislative steps are determined.
- Scope: Unlike federal proposed actions targeting specific synthetic derivatives (like 7-hydroxymitragynine), the Massachusetts order covers all forms of kratom, including natural raw plant matter, leaf powders, extracts, and synthetic derivatives.
- Enforcement: Gives local boards of health and municipal officials explicit authority to issue cease-and-desist orders, levy fines, and suspend business permits for any retailer selling kratom after the effective date.
Legal Impact
Under M.G.L. Chapter 94C, possessing, manufacturing, distributing, or selling kratom without a Massachusetts Controlled Substances Registration becomes illegal on August 28, 2026, subject to fines or imprisonment. Prior to the statewide directive, local towns including Hanover, Lowell, Belchertown, Dracut, and Chelmsford had already implemented municipal-level bans.
H 1680 ban
Status: Introduced on February 27 2025 – 25% progression
Action: 2026-03-26 – Accompanied a study order, see H5281 (under House Rule 27)
H 2454
H 1631 ban
S 2025 ban looking for more info
S 1558 ban
S 1609
H 4261 ban
H 4394
Cities and Counties:
Amherst
Ashland Meeting May 5th 6:00 pm
ATTEND THE VIRTUAL MEETING — SHOW SUPPORT, COMBAT MISINFORMATION Tuesday, May 5, 2026 • 6:00 PM EDT
Format: Virtually via Zoom OR in-person In-Person: Ashland Town Hall, 101 Main Street, Select Board Meeting Room, Ashland, MA OR ENTER MANUALLY: Meeting ID: 875 5418 4206 • Passcode: 808272 1 THANK & SUPPORT THE BOARD JOIN ZOOM MEETING Click to Join
Call and email the Board of Health officials below to thank them and express your strong support for the current ordinance as drafted.
“As a resident, I am writing to express my strong support for the kratom regulatory ordinance currently drafted by the Ashland Board of Health, and I respectfully urge you to pass it.”
“This ordinance gets it right. It is critical to distinguish between natural botanical kratom leaf, which has a long history of safe use, and highly concentrated, novel synthetic alkaloids like ‘synthetic 7-OH.’ Your proposal correctly focuses on banning these dangerous synthetics while keeping the natural plant accessible to responsible adults.”
“I fully support your regulatory approach. Implementing safety standards, clear labeling, and age restrictions is the proven, science-based path forward to protect public health without driving consumers to illicit markets.”
“Please pass this ordinance as drafted. Protecting access to natural kratom is vital for responsible adults like me. [Insert personal story.]”
DIRECTOR OF PUBLIC HEALTH
Rajit Gupta rgupta@ashlandmass.com 508-532-7922
ADMINISTRATIVE ASSISTANT
Laura Clifford lclifford@ashlandmass.com 508-881-0100 ext. 7128
PUBLIC HEALTH NURSE
Anne Fitzgerald afitzgerald@ashlandmass.com 508-733-3005
Attleboro Municipal Council
Braintree (Board of Health)
Brookline (Advisory Council for Public Health) Will have a follow-up meeting, TBD
Canton
Doylestown
Duxbury
Fitchburg
Framingham
Franklin
Foxborough banned March 15, 2026
Mansfield
Melrose
Pembroke
Plymouth
Rockland
Shrewsbury DPH
South Hadley
Springfield
Stoneham
Tewksbury
Wakefield
Winchester
Yarmouth