Is Kratom Legal in Tennessee? (2026 Law)

Kratom is illegal in Tennessee. Since July 1, 2026, Public Chapter 950 (House Bill 1649, known as Matthew Davenport's Law) has made it a crime to knowingly possess kratom, a Class A misdemeanor, and to manufacture, deliver or sell it, or possess it with intent to do so, a Class C felony. The ban covers the plant itself and products containing mitragynine or 7-hydroxymitragynine (7-OH), it applies at every age, and it replaced Tennessee's old age-21 and labeling rule. For other states, see our guide to kratom laws by state.

Information last verified on 2026-10-11. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Tennessee state law on kratom: 2026 Public Chapter 950 (House Bill 1649), the related provisions of Tenn. Code Ann. 39-17-452, the sentencing ranges in Tenn. Code Ann. 40-35-111, the federal-adoption provision in Tenn. Code Ann. 39-17-403(d), and Tennessee Attorney General Opinion 17-055, with one paragraph on federal law. It does not cover city or county rules beyond the one Metro Nashville notice named below, employer drug-testing policies, military rules or other states' laws.

Is kratom legal in Tennessee?

No. Section 2 of Public Chapter 950 adds a new section to the Tennessee Code that reads:

"(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."

Section 8 of the act provides: "This act takes effect July 1, 2026, the public welfare requiring it."

The General Assembly's bill history for HB 1649 shows the House passed it 78-9 on April 8, 2026, and the Senate substituted the House bill for its companion, SB 1656, and passed it 23-2 on April 16, 2026, the date in the enrolled act's line "PASSED: April 16, 2026." The Governor signed it on May 15, 2026, when it became Public Chapter 950. A Metro Nashville notice gives April 16 as the signing date; the legislature's record shows that was the date of the Senate vote.

The new offense is a standalone crime, not an entry on a controlled-substance schedule. Section 2 adds it to Title 39, Chapter 17, Part 4 of the Tennessee Code "as a new section" and does not give it a number, so this page cites the act itself.

What counts as kratom under Tennessee law

Section 2(d) of the act defines the term for the new section:

"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."

The definition reaches the plant (any part containing mitragynine or 7-OH), leaf extracts, chemically or biosynthetically altered kratom alkaloids, and derivatives and analogs. It names both mitragynine and 7-OH in one definition; the act has no separate 7-OH rule. The definition governs "this section," the new kratom offense.

Before the act, Tennessee treated the natural plant differently. Tenn. Code Ann. 39-17-452, the section on synthetic derivatives or analogues of methcathinone, lists mitragynine and hydroxymitragynine among the compounds it treats as structurally derived from 2-amino-1-phenyl-1-propanone, and a violation of that part of the section is a Class A misdemeanor under 39-17-452(c). In Opinion 17-055 (December 20, 2017), the Tennessee Attorney General concluded:

"Possession of the Kratom plant in its natural botanical form should not subject a person to potential criminal prosecution under Tennessee law. The Kratom plant in its natural botanical form is not a prohibited controlled substance under Tennessee law."

That opinion predates Public Chapter 950. From July 1, 2026, the new section makes possession of the plant itself an offense. Section 1 of the act deleted only subdivision (a)(3) of 39-17-452, so the rest of that section remains in the code.

Penalties for kratom in Tennessee

Section 2(e) of the act sets the offense classes:

"(1) A violation of subsection (a) is a Class A misdemeanor. (2)(A) Except as provided in subdivision (e)(2)(B), a violation of subsection (b) or (c) is a Class C felony. (B) A violation of subsection (b) or (c) is a Class B 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."

The prison and fine ranges for each class come from Tennessee's general sentencing statute, Tenn. Code Ann. 40-35-111, and the General Assembly's summary of HB 1649 restates them.

For the Class A misdemeanor, 40-35-111(e)(1) authorizes a sentence "not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute." The felony fines in 40-35-111(b) also apply "unless otherwise provided by statute"; Public Chapter 950 sets no fine of its own.

The act grades kratom offenses by conduct (possessing versus making, delivering or selling) and by whether a minor received the kratom. It sets no weight tiers. Possession with intent to sell is graded at the same felony level as a completed sale.

Tennessee's drug-free school zone statute, Tenn. Code Ann. 39-17-432(b), allows punishment one classification higher for "a violation of § 39-17-417," the controlled-substance manufacture and sale statute. Its text names that section and does not name the new kratom section.

Section 2 of the act contains no exception for prescribed products or products approved by the federal Food and Drug Administration.

Age limits and sales rules after the ban

Tennessee used to regulate kratom sales by age and labeling. The former Tenn. Code Ann. 39-17-452(a)(3) made it an offense to knowingly:

"(i) Sell, or offer for sale, Kratom unless labeled and in its natural form; (ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or (iii) Purchase or possess Kratom if under the age of twenty-one (21) years."

Section 1 of Public Chapter 950 provides: "Tennessee Code Annotated, Section 39-17-452, is amended by deleting subdivision (a)(3)." With that subdivision gone, Tennessee has no kratom age limit or label rule. The reason is the ban: the new possession and sale offenses apply to everyone, whatever their age. The only age term left is the Class B felony grade for an adult who knowingly delivers or sells kratom to a minor.

Local officials have told retailers about the change. Metro Nashville's Beer Permit Board issued a notice to businesses stating: "Tennessee law now prohibits the possession, sale, manufacture, and distribution of kratom." The notice is guidance; the law is the act.

Other changes in Public Chapter 950

The act does more than create the offense. All of it took effect July 1, 2026.

• Recovery residences. Section 3 removes the words "including Kratom" from Tenn. Code Ann. 33-2-1404(a)(8), a provision on recovery residence policies.
• Medical examiners. Section 4 requires county medical examiners to test for kratom when a drug overdose is the suspected cause of death.
• Physician toxicology. Section 5 requires physician-ordered toxicology screens for a suspected overdose or neonatal abstinence syndrome to include kratom.
• Workplace drug definition. Section 6 provides: "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." The act sets no deadline for that rule. The Department of Labor and Workforce Development has proposed that change to its Drug Free Workplace Programs rules (Rule 0800-02-12-.03), with a public hearing on November 10, 2026 and written comments due November 24, 2026; it is a proposal and is not in effect.

Federal kratom law and Tennessee's adoption rule

Federal law does not list kratom leaf, mitragynine or 7-hydroxymitragynine in Schedule I. The October 6, 2026 version of 21 CFR 1308.11 carries only three kratom-related entries, mitragynine pseudoindoxyl, MGM-15 and MGM-16, placed there by a DEA temporary order effective August 26, 2026. DEA's July 6, 2026 notice of intent to schedule 7-OH above a threshold (91 FR 40917) is being withdrawn in a separate document, according to the new DEA notice of intent described next. A new DEA notice of intent (FR Doc. 2026-20943), filed for public inspection on October 9, 2026 and scheduled for publication on October 14, 2026, proposes temporary Schedule I control of 7-OH and mitragynine pseudoindoxyl above a threshold: more than 1 mg per gram for solids or 1 mg per milliliter for liquids, or where the amount of mitragynine divided by the amount of those substances is less than 100. A second DEA notice of intent filed the same day (FR Doc. 2026-20942) proposes a new temporary order that would keep MGM-15 and MGM-16 in Schedule I "without change". Neither notice is an order, and the DEA says neither new order will be issued before 30 days after publication, about November 13, 2026. The August 26, 2026 order stays in effect until it expires (a temporary order expires after two years unless extended by up to one year) or is replaced by the new temporary orders, whichever comes first. The FDA says kratom is not lawfully marketed in the United States as a drug product, a dietary supplement or a food additive in conventional food, and it "has warned consumers not to use kratom because of the risk of serious adverse events, including liver toxicity, seizures, and substance use disorder (SUD)." Our kratom laws by state hub covers the federal layer in more detail.

Tennessee also has a general rule for following federal scheduling. Under Tenn. Code Ann. 39-17-403(d), when a substance is designated under federal law, the state commissioner is to similarly control it 30 days after a final order is published in the Federal Register, unless an objection is filed. A 2026 amendment (Public Chapter 1008) added subdivision (d)(2) for substances approved by the FDA. Tennessee's Department of Mental Health and Substance Abuse Services also keeps a Schedule I rule under section 39-17-403, Tenn. Comp. R. & Regs. 0940-06-01-.01. Neither the current rule nor the amendment the department filed on September 21, 2026 (effective December 20, 2026) lists mitragynine pseudoindoxyl, MGM-15, MGM-16, mitragynine or 7-OH, and no Tennessee source cited on this page shows the August 2026 temporary order adopted under section 39-17-403(d). Tennessee's own kratom ban does not depend on that question: Public Chapter 950 prohibits kratom directly.

Driving and criminal records

Tenn. Code Ann. 55-10-401(1) makes it a crime to drive or be in physical control of a vehicle on public roads while under the influence of any intoxicant, controlled substance, drug, substance affecting the central nervous system, or combination of them that impairs the ability to drive safely, so it can reach kratom even though kratom is not on a Tennessee schedule. Our guide to Tennessee DUI laws covers penalties. A conviction for a kratom offense creates a criminal record; whether it can later be cleared is covered in our guide to Tennessee expungement laws.

Related

• Kratom laws by state
• Tennessee DUI laws
• Tennessee expungement laws
• Tennessee psilocybin mushroom laws

This article provides general legal information about Tennessee state law as of October 11, 2026. It is not legal advice. Quotations from Tennessee Code sections other than Public Chapter 950 come from the 2021 published edition of the Tennessee Code Annotated, read with the later public chapters named on this page; check the official code for the current text. For advice about a specific situation, contact a lawyer licensed in Tennessee.

Last updated: 2026-10-11.

Frequently Asked Questions

Is kratom legal in Tennessee?

No. Since July 1, 2026, Public Chapter 950 (HB 1649) makes it an offense to knowingly possess kratom (a Class A misdemeanor) and to manufacture, deliver or sell it, or possess it with intent to do so (a Class C felony).

When did Tennessee ban kratom?

The ban took effect July 1, 2026. The General Assembly's bill history shows the Governor signed HB 1649 on May 15, 2026, when it became Public Chapter 950.

What is the penalty for kratom possession in Tennessee?

Knowing possession is a Class A misdemeanor under Public Chapter 950, section 2. Tenn. Code Ann. 40-35-111(e)(1) authorizes up to 11 months and 29 days of imprisonment, a fine of up to $2,500, or both.

What is the penalty for selling kratom in Tennessee?

Manufacturing, delivering or selling kratom, or possessing it with intent to do so, is a Class C felony (3 to 15 years). It is a Class B felony (8 to 30 years) if an adult at least two years older than a minor, knowing the person is a minor, delivers or sells kratom to that minor.

Is 7-OH legal in Tennessee?

Public Chapter 950 defines kratom to include any part of the plant containing mitragynine or 7-hydroxymitragynine, leaf extracts, and synthetically altered kratom alkaloids and derivatives, and it makes knowing possession and sale of kratom offenses.

Is there an age limit for kratom in Tennessee?

Not anymore. Public Chapter 950 deleted the former age-21 and labeling offense in Tenn. Code Ann. 39-17-452(a)(3), and the new possession and sale offenses apply regardless of age.

Is kratom a controlled substance in Tennessee?

Neither Tennessee's statutory Schedule I list (Tenn. Code Ann. 39-17-406) nor the Department of Mental Health and Substance Abuse Services' Schedule I rule (Tenn. Comp. R. & Regs. 0940-06-01-.01) names kratom or mitragynine. Public Chapter 950 instead creates a standalone kratom offense in Title 39, Chapter 17, Part 4 of the Tennessee Code.