Policy · 2026-07-01
Tennessee Bans All Kratom Statewide Under 'Matthew Davenport's Law,' Imposing Felony Penalties for Sale
Source: Nashville Metropolitan Government
Why it matters
Tennessee's total kratom prohibition — covering all parts of the Mitragyna speciosa plant — is one of the broadest state bans in the country, and the felony penalties for sellers mark a significant escalation compared to most other states' regulatory approaches.
The big picture
Tennessee joins Kansas and other states in enacting comprehensive kratom bans that took effect July 1, 2026. Unlike federal action targeting only synthetic high-concentration 7-OH, Tennessee's law bans all kratom — including botanical leaf — making mitragynine, 7-hydroxymitragynine, and their synthetic equivalents illegal in all forms. The law is named after Matthew Davenport, implying a personal tragedy tied to kratom use. Nashville's Metro Beer Permit Board is enforcing the ban at the retail level, warning businesses that non-compliance could cost them their beer permits in addition to criminal charges.
Key findings
- Governor Bill Lee signed House Bill 1649 (Matthew Davenport's Law) on April 16, 2026, taking effect July 1, 2026
- Knowingly possessing kratom is a Class A misdemeanor under the new law
- Manufacturing, delivering, or selling kratom is a Class C felony
- Selling kratom to a minor by an adult at least two years older is elevated to a Class B felony
- The law covers any part of the Mitragyna speciosa plant containing mitragynine, 7-hydroxymitragynine, synthetic equivalents, or any derived substance containing those compounds
- Nashville's Metro Beer Permit Board is warning retail permit holders to immediately remove all kratom products from inventory
What they say
The Nashville Metropolitan Beer Permit Board stated: "Businesses holding a Metropolitan beer permit should immediately discontinue the sale or distribution of any products containing kratom and remove those products from inventory. Failure to comply with state law may result in criminal penalties and could also affect a business's eligibility to hold a beer permit."
Bottom line
Tennessee's Matthew Davenport's Law imposes some of the harshest kratom penalties in the nation, making kratom sales a felony — a stark contrast to the federal approach that targets only concentrated synthetic 7-OH products.