Tennessee – The Tennessee House of Representatives has passed legislation that bans the sale, distribution, and possession of kratom, a widely sold herbal product often marketed in convenience stores and smoke shops as a legal supplement.

House Bill 1649, known as Matthew Davenport’s Law, was sponsored by Rep. Esther Helton-Haynes (R–East Ridge) and passed the House on Wednesday. The measure now moves to the Tennessee Senate for consideration.

According to the Tennessee General Assembly bill summary and legislative text, HB 1649 would:

  • Ban the manufacture, sale, distribution, and possession of kratom in Tennessee
  • Classify knowing possession as a Class A misdemeanor
  • Classify manufacturing or selling kratom as a Class C felony
  • Increase penalties to a Class B felony when minors are involved and the adult is at least two years older
  • Require expanded toxicology testing for kratom in suspected overdose cases
  • Require medical examiners to include kratom screening during autopsies when overdose is suspected
  • Direct state agencies to formally include kratom in drug definitions used for enforcement and reporting

If enacted, the law would take effect on July 1, 2026.

The bill is named Matthew Davenport’s Law in honor of Matthew Davenport, a Chattanooga man who died in 2024 at age 27 following a reported toxic interaction involving kratom and prescription medication.

Supporters of the bill have cited his case as part of a broader push to restrict access to substances they say are contributing to overdoses in Tennessee.

During House debate, Rep. Esther Helton-Haynes said the measure addresses growing concerns about kratom being marketed as a “natural” product despite potential health risks.

She emphasized that products sold in gas stations and convenience stores are often unregulated and can pose dangers to consumers unaware of their potency or interactions with other substances.

Kratom is derived from a tropical tree native to Southeast Asia and is commonly sold in the United States in powders, capsules, and drinks.

It is often used by consumers attempting to manage:

  • pain
  • anxiety
  • depression
  • opioid withdrawal symptoms

However, health agencies have issued warnings about its safety. The U.S. Food and Drug Administration (FDA) has stated that kratom is not approved for medical use and has identified it as a substance with potential for abuse and addiction risk.

The FDA has also warned that kratom products can vary widely in potency and may be contaminated or mislabeled.

Beyond criminal penalties, the bill includes new requirements for Tennessee health and labor agencies:

  • Medical examiners must test for kratom in suspected overdose deaths
  • Physicians are encouraged to include kratom in toxicology screening when relevant
  • The Tennessee Department of Labor and Workforce Development must formally classify kratom in state drug definitions

Supporters argue these provisions will improve overdose tracking and data accuracy in Tennessee.

The Tennessee General Assembly previously expressed concern about kratom through House Joint Resolution 147 (2025), which encouraged study and potential regulation of the substance.

HB 1649 represents a major escalation from regulatory discussion to a full prohibition model.

The bill now advances to the Tennessee Senate, where it is expected to be considered in the coming weeks. If approved by both chambers and signed by the governor, Tennessee would join a small number of states that have moved toward outright kratom bans or strict prohibitions.