April 19, 2026

Kratom and 7-hydroxymitragynine (7-OH) regulation in Tennessee just shifted in a major way. At the state level, the ban bill cleared both chambers on April 16, 2026 and is awaiting the Governor’s signature; 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

As of April 2026 — before the ban takes effect — Tennessee Code § 39-17-452 permits the sale of natural kratom products to adults aged 21 and older. Certain concentrated, synthetic, or chemically modified kratom-derived products are already restricted under existing state law, but whole-leaf kratom and many commercial extracts remain legal to sell and possess for adults of legal age.

That baseline is the starting point for what the new law would change. Matthew Davenport’s Law represents a sharp turn — 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. Greg Vital 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 bill was first introduced as HB1647/SB1655 in January 2026 with a harsher, felony-across-the-board penalty structure (Class D felony possession / Class B felony manufacture-deliver-sell / Class A felony sale to a minor). It was reintroduced and reworked as the companion pair HB1649/SB1656 with softened penalties — the possession charge was reduced from a felony to a misdemeanor, and the trafficking tiers were each stepped down one class. The HB1649/SB1656 substituted version is what actually passed both chambers. 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.

The specific penalties under the passed HB1649/SB1656:

  • Class A misdemeanor — knowing possession of kratom. Punishable by up to 11 months 29 days, up to a $2,500 fine, or both.
  • Class C felony — knowing manufacture, delivery, or sale of kratom (or knowing possession with intent to manufacture, deliver, or sell). Punishable by 3 to 15 years and up to a $10,000 fine.
  • Class B felony — delivery or sale of kratom to a minor, when the adult is at least two years older than the minor and knew the person was a minor. Punishable by 8 to 30 years and up to a $25,000 fine.

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.

Current status (April 24, 2026): HB1649/SB1656 passed the Tennessee Senate on April 16, 2026 with a vote of 23 ayes to 3 nays, having already cleared the House. The bill is now on Gov. Bill Lee’s desk awaiting signature, with an effective date of July 1, 2026 if signed. If signed, Tennessee becomes the eighth U.S. state to fully ban kratom (joining Alabama, Arkansas, Indiana, Louisiana, Vermont, Wisconsin, and Connecticut). Industry groups, patient advocates, and the American Kratom Association publicly opposed the bill; if the Governor vetoes, it returns to the legislature, where a simple-majority override is possible.

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.

The key provisions of HB2594:

  • Maximum 7-OH content capped at 2% of the product’s alkaloid fraction, OR 1 milligram per serving — whichever is lower. This is the core provision that would effectively end the sale of the concentrated 7-OH tablets, gummies, and shots currently sold at many smoke shops and gas stations.
  • No synthetic alkaloids — manufacturers cannot chemically modify kratom alkaloids or spike products with synthesized mitragynine or 7-OH.
  • Certificate of analysis (COA) required for each product, with testing thresholds for Salmonella, E. coli, and heavy metals (lead, arsenic, cadmium, mercury).
  • Labeling requirements: directions for use, servings per container, alkaloid content, a “habit forming” warning, a “consult healthcare professional” recommendation, processor name and address, and an FDA non-evaluation disclaimer.
  • Age restriction: sale limited to adults 21 and older — tracking the current Tennessee Code § 39-17-452 baseline.
  • Enforcement: the Alcoholic Beverage Commission, rather than a drug-enforcement agency.
  • Penalties: Class A and Class B misdemeanors for violations; fine-only for first offense ($500), escalating to $2,500 for subsequent offenses.

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.

The Federal Context

Federal action is moving on a separate track from either Tennessee bill. Two actions in 2025 reshape the national picture:

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 passed:

If Gov. Lee signs HB1649

Knowing possession becomes a Class A misdemeanor on July 1, 2026 — punishable by up to 11 months 29 days 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 proximity of a legal deadline can make this worse if people try to quit cold on the enforcement date. The safer path is to get into treatment before the statute takes effect 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.

If Gov. Lee vetoes

The bill returns to the legislature for a potential override vote (simple majority in both chambers). Given the margins by which HB1649/SB1656 originally passed — the Senate voted 23 to 3 — an override is plausible. Even if an override fails, a similar bill is likely to return in a future session. The current Tennessee Code § 39-17-452 baseline would remain in place in the interim. For anyone currently dependent, this is still a good time to seek treatment — the regulatory direction is clear even if the timing is uncertain.

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 would fall under the ban if the statute takes 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 are restricted nationwide regardless of any state action. For users physically dependent on 7-OH concentrates specifically, both pathways point in the same direction: supply is going to tighten.

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 →

What None of This Changes

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

  • Kratom and 7-OH work 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.
  • Our treatment options don’t require any legal action to access them. Suboxone, Sublocade, Brixadi, counseling, and IOP are available regardless of where the kratom debate lands.
  • Your treatment 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

Bill status changes often — especially while a bill is on the Governor’s desk. For the current status of HB1649/SB1656, check the Tennessee General Assembly’s official site (wapp.capitol.tn.gov) or Legiscan.com — both publish committee actions, voting history, signing actions, and full bill text. We update this article as bill 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, passed April 16, 2026. [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]