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.