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SB 1656

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 Todd Gardenhire

SB 1656 bans Kratom possession, with penalties up to felonies, adds Kratom to the drug definition, and requires routine testing in overdoses and neonatal cases.

Companion House Bill substituted
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Bill Summary · SB 1656

Summary of SB 1656 (Session 114, Tennessee)

Purpose and Intent

SB 1656, titled “Matthew Davenport's Law,” creates new criminal offenses related to Kratom and requires expanded testing and regulatory steps. The bill aims to reduce Kratom use, distribution to minors, and possession, while also enhancing overdose investigation and newborn care testing. It also directs the Department of Labor and Workforce Development (DLWD) to add Kratom to the state definition of a drug.

Key Provisions and Changes

  • Criminal Offenses Related to Kratom

    • New Class A misdemeanor: knowingly possessing Kratom.
    • New Class C felony: knowingly manufacturing, delivering, or selling Kratom, or knowingly possessing Kratom with the intent to manufacture, deliver, or sell Kratom.
    • New Class B felony: knowingly manufacturing, delivering, or selling Kratom, or knowingly possessing Kratom with the intent to manufacture, deliver, or sell Kratom, with a minor who is at least two years younger than the adult involved.

  • Sales and Youth-related Provisions (Contextual Baseline)

    • Under existing law, it is already a Class A misdemeanor to sell or offer Kratom unless labeled and in its natural form, to distribute/sell to someone under 21, or to purchase/possess Kratom if under 21.

  • Autopsy and Toxicology Testing

    • County medical examiners must test decedents for Kratom when the suspected cause of death is a drug overdose.
    • Physicians ordering toxicology tests for suspected overdoses or suspected neonatal abstinence syndrome must include Kratom testing.

  • Regulatory Action

    • DLWD must promulgate a rule adding Kratom to the definition of a drug.

Who/What Would Be Affected

  • Individuals: Crime and penalties for possessing, manufacturing, delivering, or selling Kratom, including enhanced penalties when a minor is involved.
  • Overdose Investigations: Autopsy and toxicology processes would routinely consider Kratom presence.
  • Medical Practitioners: Physicians ordering toxicology testing for overdoses or neonatal abstinence syndrome would test for Kratom.
  • Regulators: DLWD responsible for updating the drug definition via rulemaking.
  • Kratom Market: Effects on Kratom sales/retail due to new criminal liability standards and potential market shifts.

Procedural and Timeline Aspects

  • Effective Date: The amendment specifies an effective date of January 1, 2027.
  • Fiscal Note Highlights:
    • State: Net impact shows increased costs related to incarceration and regulatory administration, with estimated recurring state costs starting in FY26-27 and beyond.
    • Local Government: Mandatory increases in local incarceration costs and related government expenditures due to the new offenses.
    • Revenue: Projected decrease in state and local sales tax revenue from Kratom sales, based on projected market size and consumer behavior.
  • Enforcement and Compliance: The bill’s offense structure creates clear criminal liability tiers (A misdemeanor, B/C felonies) tied to Kratom handling, with an emphasis on age-based restrictions and intent.

Additional Context

  • The fiscal analysis provides modeled estimates of potential cases, incarceration durations, and per-day costs for local and state facilities, as well as a broad projection of Kratom market value and tax implications.
  • The bill is paired with a companion House bill (HB 1649) and has undergone committee progression and scheduling in 2026. Co-sponsor: Todd Gardenhire.

This summary provides the bill’s substantive changes, potential impacts on individuals and government entities, and key timeline information for readers seeking a concise overview.

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

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