Criminal Offenses - As enacted, 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 , the official text

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i  ~ ~~-"-""=? Ht:<51:

                     ~tate of \leennessee

                           PUBLIC CHAPTER NO. 950

                                                HOUSE BILL NO. 1649

By Representatives Helton-Haynes, Rudder, Sherrell, Doggett, Moody, Howell, Butler,
Eldridge, Hawk, Renea Jones, Moon, Wright, Reeves, Williams, Gary Hicks, Tim Hicks,
Lamberth, Alexander, Greg Martin, Hale, Barrett, Vital, Littleton, Brock Martin, Grills,
Carringer, Capley, Russell, Davis, Reneau, Maberry, Crawford, White, Marsh, McCalmon,
Todd, Vaughan, Scarbrough, Bricken, Stinnett, Boyd, Rudd, Bulso, Atchley, Slater,
Hemmer, Raper, Sparks, Garrett, Gillespie, Warner, Hakeem, Powers, Leatherwood, Gant,
Shaw, Zachary, Mitchell, Cepicky, Keisling, Mr. Speaker Sexton, Parkinson, Lankford,
Stevens, Cochran

                                      Substituted for: Senate Bill No. 1656

      By Senators Gardenhire, Hensley, Mr. Speaker McNally, Yager, Jackson, Stevens

         AN ACT to amend Tennessee Code Annotated, Title 33, Chapter 2; Title 38; Title 39;
Title 50; Title 63 and Title 68, relative to Kratom.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 39-17-452, is amended by deleting
subdivision (a)(3).

          SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 4, is amended by
adding the following as a new section:

                    (a) It is an offense to knowingly possess Kratom.

                    (b) It is an offense to knowingly manufacture, deliver, or sell Kratom.

                    (c) It is an offense to knowingly possess Kratom with intent to manufacture,
          deliver, or sell Kratom.

                    (d) As used in this section, "Kratom" means any part of the mitragyna speciosa
          plant containing the alkaloid mitragynine or metabolite 7-hydroxymitragynine; any
          substance or compound obtained by extraction of the mitragyna speciosa leaf; any
          alkaloid or alkaloid derivative that has been created by chemical synthesis or
          biosynthetic means that synthetically alters the composition of any Kratom alkaloid or
          alkaloid derivative; any derivative, analog, or other preparation of Kratom; and any
          derivative, analog, or other preparation thereof that is substantially chemically equivalent
          or identical to Kratom.

                     (e)

                             (1) A violation of subsection (a) is a Class A misdemeanor.

                               (2)

                                       (A) Except as provided in subdivision (e)(2)(8), a violation of
                             subsection (b) or (c) is a Class C felony.

                                       (B) A violation of subsection (b) or (c) is a Class B felony if the
                             violation involved the delivery or sale of Kratom to a minor from an adult
                             who is at least two (2) years the minor's senior, and who knows that the
                              person is a minor.

          SECTION 3. Tennessee Code Annotated, Section 33-2-1404(a)(8), is amended by
deleting ", including Kratom11 •
HB1649
          SECTION 4. Tennessee Code Annotated, Title 38, Chapter 7, Part 1, is amended by

adding the following as a new section:
                    If a county medical examiner's office or regional forensic center is conducting an

          autopsy on a decedent and the decedent's suspected cause of death is drug overdose,
          then the county medical examiner shall test the decedent for the presence of Kratom.
          SECTION 5. Tennessee Code Annotated, Title 63, Chapter 6, Part 2, is amended by
adding the following as a new section:

                    If a treating physician orders toxicology testing in the following circumstances,
          then the toxicology testing must include testing for the presence of Kratom:

                              (1) Suspected drug overdose; or
                              (2) Suspected neonatal abstinence syndrome.
          SECTION 6. Tennessee Code Annotated, Title 50, Chapter 9, is amended by adding the
following as a new section:
                    The commissioner of labor and workforce development shall promulgate a rule to
          add Kratom to the definition of a drug, as defined in § 50-9-103. The rule must be
          promulgated in accordance with the Uniform Administrative Procedures Act, compiled in
          title 4, chapter 5.
          SECTION 7. This act is known and may be cited as "Matthew Davenport's Law."
          SECTION 8. This act takes effect July 1, 2026, the public welfare requiring it.

                                                                2
                    HOUSE BILL NO. 1649

PASSED:  April 16, 2026

                                       -

                               CAMERON SEXTON, SPEAKER
                               HOUSE OF REPRESENTATIVES

                                             RANDY MCNALL.:
                                    EAKER OF THE SENAT

O' ry#2.. APPROVED this
                    day of  YVJo ,       2026

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BILL LEE, GOVERNOR