Is Kratom (Whole Leaf / Mitragynine) Legal in Massachusetts? (2026)

Instrument

Definitions -- 'Controlled substance analogue' (and related 'Controlled substance', 'Tetrahydrocannabinol', and 'Marihuana' definitions)

Source

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter94C/Section1

Retrieved

2026-07-02

Fingerprint

9a0f4c5c022d2a01

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Controlled substance", a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.

"Controlled substance analogue", (i) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; or (ii) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in said section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that "controlled substance analogue" shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception in effect for investigational use for that person, under section 8, to the extent conduct with respect to the substance is pursuant to such exemption; or (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that for the purposes of this chapter, a "controlled substance analogue" shall be treated as the Class A, B, C, D or E substance of which it is a controlled substance analogue.

"Marihuana", all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of germination.

"Tetrahydrocannabinol", tetrahydrocannabinol or preparations containing tetrahydrocannabinol excluding marihuana except when it has been established that the concentration of delta-9 tetrahydrocannabinol in said marihuana exceeds two and one-half per cent.