Is Kratom Legal in Massachusetts? [2023 Update]

I will get straight to it: Yes! Kratom is legal in Massachusetts! The state has no legislation that bans or restricts access to this Southeast Asian plant. And unlike some states, kratom is legal in every municipality of Massachusetts.

But things haven’t always been plain sailing. Old-timers will remember when lawmakers in MA wanted to make kratom a controlled substance. In this post, I will uncover the legal history of Mitragyna speciosa in Massachusetts and make some future predictions.

Yes, there is no catch or caveat to kratom’s legal status in the Old Bay State. Like everywhere else, Massachusetts has a controlled substance list, but neither the kratom plant nor its constituents appear on it.

Furthermore, Bay Staters can relax knowing kratom is legal wherever they are in Massachusetts. There is no risk of entering the wrong city or town and getting hit with a financial penalty or worse for having kratom in your bag.

However, Massachusetts shares a land border with Rhode Island, one of the six U.S. states where kratom is prohibited. The mitragynine and 7-hydroxymitragynine (7-HMG) alkaloids are Schedule I drugs in Rhode Island. Being caught with kratom in RI could land you in jail.

However, we know that lawmakers in Massachusetts are aware of kratom. Indeed, legislative efforts to regulate the substance date back surprisingly early. Mitragyna speciosa was largely unknown in 2009, but the Old Bay State was already on the case.

In January 2009, Sen. Viriato deMacedo (R) and Rep. Daniel Webster (R) sponsored a bill to make kratom a Class B substance in Massachusetts. The state’s controlled substances law classifies LSD, ecstasy, crack cocaine, and meth as Class B drugs, among others.

Possession of a Class B substance in Massachusetts is punishable by up to a $1000 fine and one year in jail. Thankfully, MA HB1789 died in the chamber - but things did not end there.

Next came Massachusetts House Bill 521 (MA HB526) in 2011. Introduced to the House by Rep. Webster, this bill also proposed making kratom a Class B substance. It also died in the chamber.

Considering the state’s early interest in kratom, I would have expected more kratom-related legislation over the years. But you won’t hear me complaining about it!

The Old Bay State is pretty pragmatic with drugs. The state legalized recreational marijuana following a 2016 ballot initiative. So, I would like to think they would be open to kratom regulation.

The American Kratom Association (AKA) lobbies for the Kratom Consumer Protection Act (KCPA). Massachusetts could be an ideal candidate for it. But as of February 2023, there have not been any efforts to pass the KCPA.

Currently, the state’s unregulated kratom market resembles something from the Wild West. Products could contain anything, and there are no requirements for third-party lab testing or proper labeling. Consumers are left fending for themselves.

Let’s consider a few ways that passing the KCPA would improve the kratom market in Massachusetts:

• Require products to have a label stating directions for safe and effective use
• Require vendors to provide a complete ingredients list
• Ban contaminated and adulterated kratom products
• Cap the potent 7-HMG alkaloid at 2% of a product’s alkaloid fraction
• Ban kratom product sales to minors

Sounds good, right? Well, the KCPA isn’t a pipedream. Arizona, Utah, and others have already passed it. I hope we can add Massachusetts to the list soon. 

The signs are promising. The past decade shows there is no political intent to ban kratom in Massachusetts. During that time, kratom has received negative national press coverage and has been subject to a contamination scandal.

If Bay State legislators wanted kratom banned, they have had numerous golden opportunities to make it a reality. That they haven’t likely suggests they won’t.

The federal government could still be a fly in the ointment - specifically, the Drug Enforcement Administration (DEA). Hardened souls will remember the federal agency’s plan to make kratom a Schedule I drug before backtracking after public outcry.

Whether in a major Boston city or a small rural town, you will probably have a kratom vendor within reach. However, I advise against buying kratom from gas stations and general stores, as these are notorious for stocking less-than-perfect stuff.

Instead, search out botanical stores, kratom specialists, or any retailer that prizes transparency. This applies if buying at a brick-and-mortar shop or online. If you are like me, you may prefer getting kratom from the web.

I buy kratom for three primary reasons. I can get more for my money, I don’t waste time visiting stores that don’t have what I need, and there is the benefit of having my order shipped to my front door.

But I know some kratom users enjoy buying from the store. And if you want to do that in Massachusetts, here are three retailers to check out. 

Turnpike Smoke Shop CBD & Kratom

424 Hartford Turnpike, Shrewsbury, MA 01545

Bluemoon Smoke Shop

896 Massachusetts Ave, Cambridge, MA 02139

Nick’s Smoke Shop (CBD, Kratom & Vape)

271 Spring St, Medford, MA 02155

Kratom lovers in Massachusetts have little reason to complain. Mitragyna speciosa is legal everywhere, and I cannot foresee any bills jeopardizing that anytime soon. All that is left is for the Old Bay State to protect consumers by regulating the industry.