A Tennessee House panel has kicked off a high-stakes fight over kratom, advancing a sweeping statewide ban after emotional testimony from grieving families, law enforcement and small-business owners. House Bill 1649, filed this session as “Matthew Davenport’s Law,” would outlaw the sale, possession and distribution of kratom and add new testing requirements when overdoses are suspected. The move sets the stage for a broader clash between those demanding a full ban and those pushing for regulation and lab testing instead of criminal penalties.
What lawmakers did
On March 4, the House Criminal Justice Subcommittee voted 8-0 to recommend HB1649 for passage and sent it to the full Judiciary Committee. Rep. Esther Helton-Haynes is carrying the bill, and dozens of lawmakers have signed on as co-sponsors. According to the Tennessee General Assembly, the measure would make simple possession a Class A misdemeanor, while manufacturing, delivery and sale would be treated as felony offenses.
Families and law enforcement pressed the case
Relatives who lost loved ones described how easy access to kratom products upended their families. Karen Davenport told lawmakers that her 27-year-old son died after mixing kratom with prescription medication. “My son didn’t know what he was taking,” she said, explaining that he believed something sold at a gas station had to be safe.
Investigators with the Tennessee Bureau of Investigation’s Dangerous Drugs Task Force told the subcommittee they are tracking more reports of suspected kratom-related overdoses and severe withdrawals, according to WATE. Their testimony bolstered supporters who argue the products are far riskier than their convenience-store packaging suggests.
Business owners and patients urged regulation instead
On the other side of the debate, kratom users and small-shop owners urged lawmakers to focus on tainted and synthetic products rather than ban the plant entirely. Ryan Holding, who owns Passage Kava Lounge in Nashville, warned that a total ban would not make demand disappear, just drive buyers to an underground market with even fewer safeguards.
“If we take this off the table and we ban kratom, we’re no longer getting access to the safe stuff,” Holding told the panel. Other witnesses, including Jennifer Gillis, said kratom helped them manage chronic pain and argued that criminalizing possession would land patients in the justice system instead of in treatment, per WATE.
What’s in the bill
HB1649 would require treating physicians and county medical examiners to test for kratom when an overdose is suspected. It would also strip out certain kratom exemption language that currently appears in state recovery policies. Under the proposal, possession would carry a Class A misdemeanor charge with potential fines and jail time, while manufacturing or selling kratom would be treated as a felony, with tougher penalties for selling to minors. Those details, along with the bill’s fiscal note, are laid out on the Tennessee General Assembly site.
Context and next steps
Federal and state health officials have warned that kratom does not have any FDA-approved medical use and that concentrated or synthetic 7-OH products can be particularly dangerous, a concern summarized by the Association of State and Territorial Health Officials. Lawmakers pointed to moves in other states and agencies to tighten rules on higher-risk kratom products as they weighed their options.
HB1649 now heads to the full Judiciary Committee, while a companion measure is listed for further consideration. In the coming weeks, Tennessee legislators will have to decide whether to criminalize kratom statewide or pursue a regulated system built around lab testing and product controls.
