Kratom and 7-hydroxymitragynine (7-OH) regulation in Tennessee is in motion. At the state level, two bills are pending in the 2025 session with very different philosophies. At the federal level, the FDA has formally asked the DEA to schedule concentrated 7-OH products as Schedule I. This article sorts out what each measure would actually do, what’s already in place, and — most importantly for patients — what none of it changes about the decision to seek treatment.
The Legal Status in Tennessee Today
As of early 2026, 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 both of the bills under debate. Neither law, if passed, would leave Tennessee’s regulatory landscape unchanged — they represent two very different directions from here.
HB1647 / SB1655 — The Ban Approach (“Matthew Davenport’s Law”)
HB1647 in the House (companion bill SB1655 in the Senate) is commonly called “Matthew Davenport’s Law” after a Tennessean whose death was linked to kratom-involved overdose. The bill is sponsored by Rep. Helton-Haynes in the House and Sen. Gardenhire in the Senate. Its approach is prohibitive: it would establish kratom possession, manufacturing, and sale as criminal offenses under Tennessee law.
The specific penalties proposed in the bill:
- Class D felony — knowing possession of kratom
- Class B felony — knowing manufacturing, delivering, or selling of kratom
- Class A felony — knowing manufacturing, delivering, or selling of kratom to a minor
For scale, a Class D felony in Tennessee carries a sentencing range of two to twelve years. These are not minor offenses; the bill treats kratom the way Tennessee treats other controlled substances.
Current status: Introduced in the 2025 session of the 114th General Assembly, currently in committee. Per the drafted bill, if passed the effective date would likely be July 1, 2026. Passage is not guaranteed — there is active industry, advocacy, and patient opposition, and the competing HB2594 represents an alternative legislative path.
HB2594 — The Regulate Approach
HB2594 takes the opposite philosophy. Rather than ban kratom, it would establish 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 leave natural kratom broadly legal for adults while pulling the highest-risk concentrated 7-OH products off gas station shelves. It’s closer to the regulatory model used for alcohol or supplement sales than to a controlled-substance ban.
The Federal Context
Federal action is moving on a separate track from either Tennessee bill. Two actions in 2025 reshape the national picture:
- January 22, 2025: the DEA formally designated kratom and 7-hydroxymitragynine as Drugs of Concern — an administrative label that signals potential for abuse without scheduling the substance outright.
- July 15, 2025: the FDA issued warning letters to seven companies marketing 7-OH products, citing unapproved new drug claims and misbranding. Two weeks later, on July 29, 2025, the FDA formally recommended to the DEA that concentrated 7-OH products be scheduled as Schedule I under the Controlled Substances Act. The scope was narrow: concentrated 7-OH tablets, gummies, drink mixes, and shots. Natural kratom leaf 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 Each Outcome Would Mean for Current Users
Here’s the practical read for someone currently using kratom or 7-OH in Tennessee:
If HB1647 passes
Knowing possession would become a Class D felony. 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. The safer path is to get into treatment before the effective date 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 HB2594 passes
Natural kratom would remain legally available to adults 21+, but concentrated 7-OH products would functionally disappear from retail. This would be the biggest immediate change for current users of concentrated 7-OH: the product source dries up overnight. For users physically dependent on 7-OH, that’s effectively a forced taper with no medical support unless they seek it. Again, the safer path is to line up treatment proactively rather than wait for the shelves to empty.
If neither passes in 2025
Tennessee’s current baseline stays in place through the 2025 session, but the bills could be reintroduced in the 2026 session. The federal 7-OH scheduling decision proceeds on its own timeline regardless of what the Tennessee General Assembly does. Treatment access and clinical recommendations don’t change.
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.
Where to Track the Bills
Bill status changes often. For the current status of HB1647/SB1655 or HB2594, check the Tennessee General Assembly’s official site (wapp.capitol.tn.gov) or Legiscan.com — both publish committee actions, voting history, and full bill text. We’ll 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.