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HB 1649

Criminal Offenses - As introduced, enacts "Matthew Davenport's Law," which creates certain criminal offenses and testing requirements related to Kratom. - 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 criminalizes kratom-related activities and mandates testing requirements, restricting a federally-legal botanical substance through new criminal offenses and regulatory mechanisms.

Transmitted to Governor for his action.
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Bill Summary · HB 1649

Legislative bill overview

HB 1649, titled "Matthew Davenport's Law," creates new criminal offenses and establishes testing requirements specifically for Kratom in Tennessee. The bill amends multiple sections of Tennessee Code Annotated covering criminal law, controlled substances, and related regulatory areas to address kratom production, distribution, and potentially consumption.

Why is this important

Kratom is a botanical substance derived from a Southeast Asian plant that occupies a legal gray area—it's not currently a controlled substance under federal law, though some states have restricted it. This legislation would criminalize certain kratom-related activities in Tennessee, potentially affecting retailers, users, and the kratom industry, while also establishing new enforcement and testing mechanisms.

Potential points of contention

  • Definition and scope ambiguity: The bill's specific definitions of regulated kratom activities are unclear from the summary; unclear boundaries could lead to unintended consequences for legitimate retailers or consumers
  • Federalism and interstate commerce: Kratom remains legal federally and in many states, raising questions about Tennessee's authority to criminalize a federally-legal substance and potential conflicts with interstate commerce
  • Testing infrastructure costs: Establishing new testing requirements necessitates state resources for lab capacity, standardization, and enforcement that may strain existing budgets
  • Industry and consumer impact: The legislation could eliminate a legal retail market, affect small businesses, and criminalize users of a substance legal elsewhere, raising equity concerns

Compiled from official sources — confirm details with the bill’s official record.

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