Is MGM-16 Legal in Massachusetts? (2026)

Instrument

Temporary placement of kratom in schedule 1 pursuant to M.G.L. c. 94C, s. 2A (emergency regulation)

Source

https://www.mass.gov/doc/105-cmr-726-temporary-placement-of-kratom-in-schedule-1-pursuant-to-mgl-c-94c-ss-2a-emergency-regulation/download

Retrieved

2026-10-29

Fingerprint

a15c437508adb8d4

105 CMR 726.000:

TEMPORARY PLACEMENT OF KRATOM IN SCHEDULE 1 PURSUANT TO
M.G.L. c. 94C, § 2A

Section

726.001:   Findings
726.002:   Purpose
726.003:   Definitions
726.004:   Order
726.005:   Effective Date
726.006:   Guidance to all Local and Regional Boards of Health

726.001:   Findings

(1) The Commissioner has considered kratom's actual or relative potential for abuse and its
history and current patterns of abuse and has found that kratom is an imminent hazard to the
public safety.

(2) The Commissioner has found:

(a) The order stated in 105 CMR 726.004 is necessary:

1. to avoid an imminent hazard to the public safety; and,
2. for the preservation of the public health, safety or general welfare.

(b) Kratom is not listed in any other schedule identified in M.G.L. c. 94C, § 3.
(c) No exception is in effect for kratom pursuant to M.G.L. c. 94C. § 4.
(d) Kratom is not excluded under M.G.L. c. 94C. § 2(c).

(3) Based  on  the  foregoing,  the  Commissioner  has  found  that  the  immediate  adoption  of
105 CMR 726.000 is necessary for the preservation of the public health, safety, and  general
welfare.

726.002:   Purpose

The  purpose of 105 CMR  726.000 is  to  place Kratom in  schedule 1 of M.G.L. c. 94C:

Controlled Substances Act.

726.003:   Definitions

Commissioner.  The Commissioner of Public Health.

Kratom.  The plant mitragyna speciosa,  mitragynine, 7-hydroxymitragynine (also known as
7-OH), mitragynine pseudoindoxyl (also known as MP), dihydro-7-hydroxymitragynine (also
known as MGM-15), 9-fluoro-7-hydroxymitragynine (also known as MGM-16), including their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible.  Kratom includes any product held out or
holding itself out to be kratom.

Board of Health or Local Board of Health or Regional Board of Health.  The appropriate and
legally designated health authority of the city, town, or other legally constituted governmental
unit within the Commonwealth having the usual powers and duties of the board of health or
health department of a city or town.

Schedule.  As defined in M.G.L. c. 94C, § 1.

726.004:   Order

Kratom is hereby placed in schedule 1 in accordance with M.G.L. c. 94C, § 2A.

8/28/26

4050.1

EMERGENCY

(Mass. Register #1581, 08/28/2026, emergency reg.)

105 CMR:   DEPARTMENT OF PUBLIC HEALTH

726.005:   Effective Date

The effective date of 105 CMR 726.000 shall be August 28, 2026.  105 CMR 726.000 shall
remain in effect for one year from its effective date unless the Commissioner finds during the
intervening period that the order stated in 105 CMR 726.004 is no longer necessary.

726.006:   Guidance to all Local and Regional Boards of Health

Possession or distribution of kratom by any food, retail or other commercial establishment
shall constitute an imminent health hazard.  While the order stated in 105 CMR 726.004 is in
effect, a board of health or an authorized agent, the local inspection department or the equivalent,
or a municipal government or its agent may, pursuant to M.G.L. c. 111, § 30 and any regulation
promulgated  pursuant  thereto,  take  any  enforcement  action  consistent  with  a  finding  of  an
imminent health hazard, up to and including summary suspension of a municipal license or
permit held by the establishment including, but not limited to, a permit to operate.

Instrument

Temporary placement of kratom in schedule 1: definition, order, effective date, local guidance

Source

https://www.mass.gov/doc/105-cmr-726-temporary-placement-of-kratom-in-schedule-1-pursuant-to-mgl-c-94c-ss-2a-emergency-regulation/download

Retrieved

2026-11-08

Fingerprint

8dd506d09cc6a525

Kratom. The plant mitragyna speciosa, mitragynine, 7-hydroxymitragynine (also known as
7-OH), mitragynine pseudoindoxyl (also known as MP), dihydro-7-hydroxymitragynine (also
known as MGM-15), 9-fluoro-7-hydroxymitragynine (also known as MGM-16), including their
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible. Kratom includes any product held out or
holding itself out to be kratom.

726.004: Order
Kratom is hereby placed in schedule 1 in accordance with M.G.L. c. 94C, § 2A.

726.005: Effective Date
The effective date of 105 CMR 726.000 shall be August 28, 2026. 105 CMR 726.000 shall
remain in effect for one year from its effective date unless the Commissioner finds during the
intervening period that the order stated in 105 CMR 726.004 is no longer necessary.

726.006: Guidance to all Local and Regional Boards of Health
Possession or distribution of kratom by any food, retail or other commercial establishment
shall constitute an imminent health hazard. While the order stated in 105 CMR 726.004 is in
effect, a board of health or an authorized agent, the local inspection department or the equivalent,
or a municipal government or its agent may, pursuant to M.G.L. c. 111, § 30 and any regulation
promulgated pursuant thereto, take any enforcement action consistent with a finding of an
imminent health hazard, up to and including summary suspension of a municipal license or
permit held by the establishment including, but not limited to, a permit to operate.
The Commissioner may issue other guidance under 105 CMR 726.006 as may be necessary.

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.