Kratom and 7-hydroxymitragynine (7-OH) regulation in Tennessee just shifted in a major way. At the state level, the ban was signed into law on May 7, 2026 (Public Chapter 950) and took effect July 1, 2026; the regulate-and-cap alternative (HB2594) did not advance. At the federal level, the FDA has formally asked the DEA to schedule concentrated 7-OH products as Schedule I. This article covers the legislative history of Tennessee’s ban law, what the passed bill actually does, what happened to HB2594, and — most importantly for patients — what none of it changes about the decision to seek treatment.

The Legal Status in Tennessee Today

Until July 1, 2026, Tennessee Code § 39-17-452 permitted the sale of natural kratom products to adults aged 21 and older. Certain concentrated, synthetic, or chemically modified kratom-derived products were already restricted under that statute, but whole-leaf kratom and many commercial extracts remained legal to sell and possess for adults of legal age until the ban took effect.

That baseline was the starting point for what the new law changed. Matthew Davenport’s Law changed that completely — from a regulated-for-21+ sale model to outright criminal prohibition.

Matthew Davenport’s Law — From HB1647 (introduced) to HB1649/SB1656 (passed)

The bill is commonly called “Matthew Davenport’s Law” after a Chattanooga man whose family says he died after using kratom alongside other substances. It is sponsored by Rep. Esther Helton-Haynes in the House and Sen. Todd Gardenhire in the Senate, and its approach is prohibitive: it establishes kratom possession, manufacture, and sale as criminal offenses under Tennessee law.

Legislative history note. The reworked companion pair HB1649/SB1656 is the version that passed both chambers; the timeline above traces its path from the harsher introduced filing. Because the earlier HB1647/SB1655 filing is still the bill people Google for, and because the URL for this article was set when the introduced version was the active bill, we keep that in our internal reference. For citation and current-status purposes, the bill you want to track is HB1649/SB1656.

These are not minor offenses, but they are materially less harsh than the original HB1647/SB1655 draft — particularly for possession, which became a misdemeanor rather than a felony. For anyone using kratom today, that distinction matters: the law still criminalizes possession, but the long-term employment, firearm, and voting-rights consequences of a possession conviction are different from what the introduced version would have produced.

Where it stands. Industry groups, patient advocates, and the American Kratom Association publicly opposed the bill, but it was signed into law on May 7, 2026 (Public Chapter 950) without amendment, and it took effect July 1, 2026. The path to passage, the Senate vote, and the penalties it carries are summarized in the law-anatomy section above.

HB2594 — The Regulate Approach (did not advance)

HB2594 did not advance to a floor vote during the 2025-2026 session. It stays on the record as the regulatory alternative that was considered and set aside in favor of the ban approach. For historical context and because similar bills exist in other states, here’s what it would have done: rather than ban kratom, it would have established product-safety requirements, labeling rules, age restrictions, and testing standards — the approach roughly fifteen other U.S. states have adopted under the general label of “Kratom Consumer Protection Act” legislation.

Two bills, two approaches

The ban that passed and the regulate bill that didn’t

Tennessee considered two competing bills. One criminalized kratom outright; the other would have kept natural kratom legal for adults while capping the highest-risk concentrates. Lawmakers passed the ban.

Passed into law The Ban Criminal prohibition statewide
What
passed
Did not advance The Regulate Bill Product-safety caps & labeling
Passed & signed — now law

The Ban

“Matthew Davenport’s Law” · HB1649/SB1656
Signed May 7, 2026 · Public Chapter 950 · effective July 1, 2026

Possession
Misdemeanor
Manufacture / sale
Felony
Sale to a minor
Felony
Scope of definition
Mitragynine, 7-OH & derivatives

Enforced as criminal law. Exact sentences and fines are detailed in the law-anatomy section above.

Did not advance

The Regulate Alternative

HB2594 · no floor vote in the 2025–2026 session · set aside in favor of the ban

What it would have required

  • 7-OH cap: max 2% of the product’s alkaloid fraction OR 1 mg per serving — whichever is lower.
  • No synthetic alkaloids.
  • COA testing: Salmonella, E. coli, and heavy metals (lead, arsenic, cadmium, mercury).
  • Labeling: directions, servings, alkaloid content, a “habit forming” warning, a “consult healthcare professional” recommendation, processor name and address, and an FDA non-evaluation disclaimer.
  • Sale limited to adults 21+.
  • Enforcement: the Alcoholic Beverage Commission.
  • Penalties: Class A/B misdemeanors; fine-only first offense ($500), escalating to $2,500 subsequent.

Natural kratom would have stayed broadly legal for adults; only concentrated 7-OH products would have been pulled from shelves.

In practical terms, HB2594 would have left natural kratom broadly legal for adults while pulling the highest-risk concentrated 7-OH products off gas station shelves. It was closer to the regulatory model used for alcohol or supplement sales than to a controlled-substance ban. The Tennessee legislature chose the ban path instead.

Federal track — separate from the Tennessee bill

The federal 7-OH timeline

National action is moving on its own track. Where it stands today:

  1. Jan 22, 2025

    DEA designated kratom and 7-OH as “Drugs of Concern” — a designation that flags the substances without placing them on a federal schedule.

  2. July 15, 2025

    FDA warning letters to seven companies marketing 7-OH products.

  3. July 29, 2025

    FDA recommended the DEA schedule concentrated 7-OH as Schedule I.

  4. Now — pending

    DEA reviewing. Scheduling needs rulemaking + public comment; timing uncertain (often months to years).

Recommendation covers
Concentrated 7-OH tablets, gummies, drink mixes, and shots
Process required
DEA rulemaking with a public-comment period before any final action

Natural leaf Whole-leaf kratom was not targeted by the FDA’s Schedule I recommendation.

The DEA is currently reviewing the FDA recommendation. Scheduling would require a rulemaking process with a public-comment period before any final action — there is no guarantee of timing, and scheduled-substance action at the federal level often takes months to years.

Federal Schedule I status for concentrated 7-OH would prohibit its manufacture, sale, and possession nationwide regardless of what Tennessee ultimately does. Natural whole-leaf kratom would remain in its current unscheduled status unless separately addressed.

What This Means for Current Users

Here’s the practical read for someone currently using kratom or 7-OH in Tennessee, based on HB1649/SB1656 as signed into law:

What the signed law does, effective July 1, 2026

Knowing possession is a Class A misdemeanor as of July 1, 2026 — punishable by up to 11 months and 29 days in jail and a fine of up to $2,500. Manufacture, delivery, or sale is a Class C felony (3 to 15 years). For someone with kratom dependence, the legal consequence is real, but the medical reality doesn’t change: stopping kratom abruptly when you’re physically dependent is miserable and relapse-prone, and the ban taking effect can make this worse if people stop cold turkey overnight. The safer path is to get into treatment now rather than try to quit cold because of a supply disruption, and work with a provider on medication-assisted treatment. Our providers have experience managing the transition off kratom and 7-OH with Suboxone, Sublocade, and Brixadi.

What happens to 7-OH concentrates regardless

HB1649’s definition of kratom includes mitragynine and 7-hydroxymitragynine and their derivatives, so concentrated 7-OH products fall under the ban now that the statute is in effect. Separately, the FDA has formally recommended to the DEA that concentrated 7-OH products be scheduled as Schedule I at the federal level; if that proceeds, 7-OH concentrates would be restricted nationwide regardless of any state action. For users physically dependent on 7-OH concentrates specifically, the state ban already applies, and a possible federal Schedule I would make these products harder to get nationwide.

Worried about your own use?

Restoration Recovery’s outpatient MAT specialty clinic offers same-week first appointments at four locations across Tennessee and North Georgia for kratom and 7-OH dependence. The legislation does not affect treatment access — we remain open and accepting new patients.

Start treatment in Tennessee

Worried about a loved one instead of yourself? See how to help a family member using kratom or 7-OH — how to recognize dependence, how to talk to them, and how to get them into treatment together now that the ban is in effect.

What none of this changes

Whichever way Tennessee and the federal government ultimately land, the clinical picture for kratom dependence is stable.

  • Same receptors

    MAT works the same way

    Kratom and 7-OH act on the same opioid receptors as heroin, fentanyl, and prescription painkillers — which is why buprenorphine-based MAT works for kratom dependence the same way it works for other opioid use disorders.

  • Open regardless of the law

    Treatment stays open

    Whatever happens with the ban, our treatment options stay available — Suboxone, Sublocade, Brixadi, counseling, and IOP. You can start now, no matter where the kratom law lands.

  • Confidentiality

    Confidential by federal law

    Your records are protected under 42 CFR Part 2, a federal confidentiality standard stricter than HIPAA. Seeking MAT for kratom dependence does not generate a criminal record or a disclosure to law enforcement.

For more on the clinical side, see our kratom and 7-OH treatment page. If you’re weighing the decision, our article on the typical kratom withdrawal timeline covers what stopping actually feels like day by day.

For the regional picture, see our companion articles on Georgia kratom law (regulated-legal with HB181/HB757; HB968 criminalization proposal pending) and Alabama kratom law (Schedule I since 2016; March 2026 Attorney General enforcement wave). For the full U.S. picture, see our kratom laws by state 2026 tracker. For the federal 7-OH scheduling timeline, see Is 7-OH banned yet?.

Where to Track the Bills

HB1649/SB1656 was signed into law on May 7, 2026 (Public Chapter 950) and took effect July 1, 2026. For the official record — committee actions, voting history, the signing action, and full bill text — see the Tennessee General Assembly’s official site (wapp.capitol.tn.gov) or Legiscan.com. We update this article as the law’s status changes meaningfully.

This article is published for patient information. It is not legal advice and should not be interpreted as political advocacy for either bill. If you have specific legal questions about your situation, consult a Tennessee attorney.

If You’re Ready to Stop

Whatever happens legislatively, the fastest and safest way out of kratom or 7-OH dependence is medication-assisted treatment with clinical support. Same-week appointments are available at all four of our clinic locations across Tennessee and Georgia. Call 423-498-2000 or submit a contact request and our intake team will walk you through what a first visit looks like, insurance verification, and timing.

References

Primary legal and regulatory sources cited in this Tennessee bill summary.

  1. Tennessee General Assembly. HB1649 (“Matthew Davenport’s Law”), 114th General Assembly, signed into law May 7, 2026 (Public Chapter 950). [LegiScan]
  2. Tennessee General Assembly. SB1656 (Senate companion to HB1649), 114th General Assembly, passed April 16, 2026. [LegiScan]
  3. Tennessee General Assembly. HB1647 (introduced version, replaced by HB1649). [LegiScan]
  4. Tennessee General Assembly. HB2594 (kratom regulation alternative; did not advance). [LegiScan]
  5. Tennessee Code § 39-17-452 (current age-21 kratom sale restriction). [State Code]
  6. U.S. Drug Enforcement Administration, Diversion Control Division. “Kratom Drugs of Concern designation” (January 22, 2025). [DEA]
  7. U.S. Food and Drug Administration. “FDA Issues Warning Letters to Firms Marketing Products Containing 7-Hydroxymitragynine” (July 15, 2025). [FDA]
  8. U.S. Food and Drug Administration. “FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers” (Schedule I recommendation to DEA, July 29, 2025). [FDA]
  9. WSMV4 News, Nashville. “Tennessee kratom ban bill heads to Gov. Bill Lee’s desk” (April 17, 2026). [News]
  10. Tennessee Department of Health, Overdose Surveillance Program. “Kratom Overdose Trends in Tennessee” (Emerging Trends Brief, February 2026). [TDH]