Criminal Offenses

Plain English Breakdown

The bill summary and text do not provide exact penalties for violations other than classifying them as felonies.

Matthew Davenport's Law

This law makes it illegal to possess, manufacture, deliver, or sell Kratom and requires medical tests for Kratom in certain cases.

What This Bill Does

• Makes it a crime to knowingly possess Kratom.
• Makes it a serious crime to manufacture, deliver, or sell Kratom.
• Increases the punishment if someone sells or gives Kratom to a minor who is at least two years younger than them and they know the person's age.
• Requires doctors to test for Kratom when they suspect drug overdose or neonatal abstinence syndrome.
• Requires medical examiners to check for Kratom during autopsies of people suspected to have died from drug use.

Who It Names or Affects

• People who buy, sell, possess, manufacture, deliver, or distribute Kratom
• Doctors and medical examiners

Terms To Know

Kratom

A plant-based substance that can be used for its effects on the body.

Felony

A serious crime that can lead to a long prison sentence and large fines.

Limits and Unknowns

• The bill does not specify how it will affect current laws about Kratom.
• It is unclear what the exact penalties for violating this law will be in practice, other than those specified for Class D, B, and A felonies.
• The bill requires new rules from the labor commissioner but doesn't say when these rules must be made.

Official Summary Text

Present law provides that i
t is an offense for a person to knowingly
do any of the following:



Sell, or offer for sale, Kratom unless labeled and in its natural form

as
dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.

To be considered labeled, the label must
contain the manufacturer's information and a
specific
warning
as provided in statute.



Distribute, sell, or offer for sale, Kratom to a person under
21.



Purchase or possess Kratom if under
21.

A violation of
the above offense
is a Class A misdemeanor
, which is punishable by no more
than
11
months, 29 days
in prison
or a fine not to exceed $2,500
. This bill deletes the above provisions.

MATTHEW DAVENPORT'S LAW

This bill enacts the
"
Matthew Davenport's Law,
"
which creates various offenses for the possession, use, and sale of Kratom, among other provisions, as outlined below.

Offenses

This bill provides, instead, that it
is an offense to knowingly
do any of the following:

(1)
Possess Kratom.

(2) M
anufacture, deliver, or sell Kratom.

(3) P
ossess Kratom with
intent to manufacture, deliver, or sell Kratom.

This bill provides that a
violation
of (1) above
is
a
Class D felony
, which has an
authorized term of imprisonment
of
two
to
12 years.

In addition, the jury may assess a fine
up to
$5,000
.

Generally, a violation of (2) or (3) above is a
Class B felon
y, which has an
authorized term of imprisonment
of eight

to 30
years
and the jury may assess a fine up to $25,000. However, a
violation
of (2) or (3) above
is a Class A felony if the violation involved the delivery or sale of Kratom to a minor from an adult who is at least two years
older than the minor
, and who knows that the person is a minor.
A
Class A felony
has an
authorized term of imprisonment
of 15

to 60
years
and the jury may assess a
fine up to $50,000.

Autopsies

If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent and the decedent's suspected cause of death is drug overdose, then
this bill requires
the county medical examiner
to
test the decedent for the presence of Kratom.

Medical Care

If a treating physician orders toxicology testing in
either of
the following circumstances, then
this bill requires
the toxicology testing
to
include testing for the presence of Kratom:



Suspected drug overdose
.



Suspected neonatal abstinence syndrome.

RULEMAKING

This bill requires t
he commissioner of labor and workforce development
to
promulgate a rule to add Kratom to the definition of a drug, as defined
in present law provisions on drug-free workplace programs
.

Current Bill Text

SENATE BILL 1655
By Gardenhire

HOUSE BILL 1647
By Helton-Haynes
HB1647
011066
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 33,
Chapter 2; Title 38; Title 39; Title 50; Title 63 and
Title 68, relative to Kratom.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-452, is amended by deleting
subdivision (a)(3).
SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 4, is amended by
adding the following as a new section:
(a) It is an offense to knowingly possess Kratom.
(b) It is an offense to knowingly manufacture, deliver, or sell Kratom.
(c) It is an offense to knowingly possess Kratom with intent to manufacture,
deliver, or sell Kratom.
(d) As used in this section, "Kratom" means any part of the mitragyna speciosa
plant containing the alkaloid mitragynine or metabolite 7-hydroxymitragynine; any
substance or compound obtained by extraction of the mitragyna speciosa leaf; any
alkaloid or alkaloid derivative that has been created by chemical synthesis or
biosynthetic means that synthetically alters the composition of any kratom alkaloid or
alkaloid derivative; any derivative, analog, or other preparation of Kratom; and any
derivative, analog, or other preparation thereof that is substantially chemically equivalent
or identical to Kratom.
(e)
(1) A violation of subsection (a) is Class D felony.
(2)

- 2 - 011066

(A) Except as provided in subdivision (e)(2)(B), a violation of
subsection (b) or (c) is a Class B felony.
(B) A violation of subsection (b) or (c) is a Class A felony if the
violation involved the delivery or sale of Kratom to a minor from an adult
who is at least two (2) years the minor's senior, and who knows that the
person is a minor.
SECTION 3. Tennessee Code Annotated, Section 33-2-1404(a)(8), is amended by
deleting ", including Kratom".
SECTION 4. Tennessee Code Annotated, Title 38, Chapter 7, Part 1, is amended by
adding the following as a new section:
If a county medical examiner's office or regional forensic center is conducting an
autopsy on a decedent and the decedent's suspected cause of death is drug overdose,
then the county medical examiner shall test the decedent for the presence of Kratom.
SECTION 5. Tennessee Code Annotated, Title 63, Chapter 6, Part 2, is amended by
adding the following as a new section:
If a treating physician orders toxicology testing in the following circumstances,
then the toxicology testing must include testing for the presence of Kratom:
(1) Suspected drug overdose; or
(2) Suspected neonatal abstinence syndrome.
SECTION 6. Tennessee Code Annotated, Title 50, Chapter 9, is amended by adding
the following as a new section:
The commissioner of labor and workforce development shall promulgate a rule to
add Kratom to the definition of a drug, as defined in § 50-9-103. The rule must be
promulgated in accordance with the Uniform Administrative Procedures Act, compiled in
title 4, chapter 5.

- 3 - 011066

SECTION 7. This act is known and may be cited as "Matthew Davenport's Law."
SECTION 8. This act takes effect July 1, 2026, the public welfare requiring it.