Tennessee Bill Would Make Kratom Possession a Felony Under 'Matthew Davenport's Law'

Why it matters

Tennessee would become one of the strictest states in the nation on kratom if this bill passes — with criminal penalties far exceeding most drug scheduling frameworks currently applied to kratom anywhere in the U.S.

The big picture

A growing number of states are debating kratom's legal status, but most regulatory efforts have focused on age restrictions, labeling, and limiting 7-OH concentrations. Tennessee's proposed legislation takes a markedly different approach, treating kratom as a controlled substance on par with harder drugs. Named after Matthew Davenport, the bill reflects the growing influence of families who have lost loved ones to kratom-related overdoses on state policy.

Key findings

• HB1647 and SB1655 were filed by a coalition of 29 Republican lawmakers in the Tennessee Legislature
• Simple kratom possession would be a Class D felony; manufacturing, delivering, or selling would be a Class B felony
• Selling kratom to a minor would escalate to a Class A felony
• The bill broadly defines kratom to include all parts of the Mitragyna speciosa plant containing mitragynine or 7-OH, as well as synthetic derivatives
• County medical examiners would be required to test for kratom in all suspected drug overdose autopsies
• The bill would take effect July 1, 2026 if enacted

What they say

The bill is formally titled "Matthew Davenport's Law" and reflects the push by families of overdose victims to criminalize kratom at a level equivalent to controlled substances. No quote was available from the bill's sponsors.

Bottom line

Tennessee's proposed felony classification for kratom possession would be among the harshest in the nation and represents a fundamentally different regulatory approach from the consumer protection model adopted by other states.