Criminal Offenses - As introduced, enacts "Matthew Davenport's Law," which creates a Class D felony offense of knowingly possessing Kratom; creates a Class B felony offense of knowingly manufacturing, delivering, or selling Kratom, or of knowingly possessing Kratom with intent to manufacture, deliver, or sell Kratom; punishes a violation of the offense as a Class A felony if the offense involved the delivery or sale of Kratom to a minor; requires toxicology tests in certain circumstances to include testing for Kratom; requires the commissioner of labor and workforce development to promulgate a rule to add Kratom to the definition of a drug in regard to workers' compensation claims. - Amends TCA Title 33, Chapter 2; Title 38; Title 39; Title 50; Title 63 and Title 68.

114th Regular Session (2025-2026) Introduced by Esther Helton-Haynes

Tennessee bill makes kratom a felony drug (Class D possession, Class B sales, Class A distribution to minors) and requires toxicology testing and workers' comp reclassification.

P2C, ref. to Judiciary Committee - Government Operations for Review

#criminaloffenses

Legislative bill overview

HB 1647 would criminalize kratom possession and sales in Tennessee, establishing it as a controlled substance with felony penalties ranging from Class D (simple possession) to Class A (distribution to minors). The bill, named "Matthew Davenport's Law," would also require toxicology testing for kratom and classify it as a drug for workers' compensation purposes.

Why is this important

Kratom is currently legal and widely available in the U.S., sold in smoke shops and online as a botanical supplement, though its regulatory status remains in federal limbo. This legislation would represent one of the first state-level comprehensive bans, potentially affecting thousands of residents, businesses, and workers while setting a precedent for other states. The severity of felony penalties—particularly Class A felonies for sales to minors—would result in significant prison time and permanent criminal records.

Potential points of contention

Medical/scientific evidence gap: Kratom's health effects remain disputed; the FDA has raised safety concerns, but independent research is limited, raising questions about whether felony-level criminalization is proportionate

Enforcement and proportionality: Class B felony penalties for possession with intent to sell exceed penalties for some violent crimes, and enforcement could disproportionately burden retail workers and consumers

Economic impact: Would eliminate a legal industry (retailers, distributors, vendors) affecting employment and existing businesses without grandfather provisions mentioned in the bill text

Comparison to other substances: Kratom's legal status differs significantly from scheduled drugs; criminalization diverges from federal approach and other states' regulatory models

Workers' compensation implications: Classifying kratom use as a "drug" could deny benefits to workers, even for off-duty use of a currently legal substance