Criminal Defense Attorney Kevin Kennedy prosecuted drug cases as a prosecutor in the Davidson County District Attorney’s Office. He now uses that perspective to defend clients accused of kratom violations. Kevin holds his law degree from Vanderbilt Law School and is an active member of the Tennessee Association of Criminal Defense Lawyers.
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Tennessee’s kratom laws changed completely in 2026, and people are being charged under rules that did not exist when they bought the product. Effective July 1, 2026, a law known as Matthew Davenport’s Law (Public Chapter 950) made it a crime to knowingly possess, manufacture, deliver, or sell kratom in Tennessee — replacing the earlier system that allowed adults 21 and older to buy natural, labeled kratom products.
Because the law changed so recently, the single most important question in many kratom cases is the offense date. If you are facing a kratom charge in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm for a free, confidential consultation. The firm’s Nashville drug defense page covers controlled substances generally; this page focuses on kratom-specific law.
What Is a Kratom Violation in Tennessee?
Under current law, it is an offense to knowingly possess kratom, to knowingly manufacture, deliver, or sell it, or to possess it with the intent to manufacture, deliver, or sell it. The statute defines kratom broadly: any part of the mitragyna speciosa plant containing the alkaloid mitragynine or the metabolite 7-hydroxymitragynine, extracts of the leaf, synthetically altered kratom alkaloids, and derivatives, analogs, or preparations that are substantially chemically equivalent to kratom.
Not every product sold in a smoke shop is automatically illegal under this definition — whether a particular product actually meets the statutory definition is a factual and legal question that can be contested. But natural leaf kratom, kratom powders, capsules, and extracts squarely within the definition are now prohibited.
The Law Before July 1, 2026
Before Matthew Davenport’s Law took effect, kratom was regulated rather than banned. Under Tenn. Code Ann. § 39-17-452, it was an offense to knowingly sell or offer kratom for sale unless it was labeled and in its natural form, to distribute or sell kratom to a person under 21, or for a person under 21 to purchase or possess kratom. Adults 21 and older could lawfully possess compliant kratom products.
That history matters for two reasons. First, conduct occurring before July 1, 2026 is judged under the prior law — possession that was lawful then did not become retroactively criminal. Second, many people reasonably believed kratom was legal because it was sold openly in Tennessee stores for years, which can bear on the knowledge element the State must prove.
Kratom Sales and Distribution
Under current law, knowingly manufacturing, delivering, or selling kratom is a Class C felony, carrying an authorized range of three to fifteen years depending on offender classification. Possession with intent to manufacture, deliver, or sell is also a Class C felony. The most serious classification — a Class B felony, carrying eight to thirty years — applies to delivery or sale of kratom to a minor by an adult who is at least two years the minor’s senior and who knows the person is a minor.
Retailers and distributors face the same exposure as any other seller. A business that continued selling kratom inventory after the effective date, or that sells products containing kratom under other names, can face felony charges — and the “I didn’t know the law changed” question becomes a knowledge issue the prosecution and defense will both examine closely.
Kratom Possession
Knowing possession of kratom is a Class A misdemeanor under current law, carrying up to 11 months and 29 days in jail and a fine. Possession cases will commonly arise from traffic stops, searches of vehicles and homes, and encounters where kratom is found alongside other substances.
Kratom offenses are distinct from controlled-substance offenses. Kratom is not a scheduled controlled substance under the Tennessee Drug Control Act — it is prohibited by its own statute with its own definitions and classifications. That distinction matters for charging, for sentencing, and for defenses, because the State must prove the product meets the kratom statute’s specific definition rather than a drug schedule.
Criminal Penalties
The current statute creates three tiers of criminal exposure: Class A misdemeanor for knowing possession; Class C felony for manufacture, delivery, sale, or possession with intent; and Class B felony for sale or delivery to a minor in the defined circumstances. These are criminal penalties imposed through the courts — not administrative fines — and a conviction creates a criminal record with the usual collateral consequences.
Potential Defenses
- The product does not meet the statutory definition of kratom.
- The accused did not know the substance was present, or did not know what it was.
- The conduct occurred before July 1, 2026 and was lawful under the prior law.
- The accused did not actually or constructively possess the product.
- The product testing is unreliable or the chain of custody is broken.
- The product belonged to someone else with access to the location.
- The stop, search, seizure, or warrant was unconstitutional.
- The evidence does not establish the intent required for a felony charge.
Product Testing and Identification
The State must prove the product is kratom within the statutory definition. That ordinarily requires reliable laboratory testing identifying mitragynine or 7-hydroxymitragynine. The defense can examine the lab report, the testing methodology, the analyst’s qualifications, and the chain of custody — and can contest whether a product marketed under another name, or a blend with unclear contents, actually falls within the statute.
Search-and-Seizure Issues
As with any possession case, the stop, the detention, any consent, and any warrant must comply with the Constitution. Kratom’s recent legal history adds a practical dimension: officers investigating conduct near the effective date may have assumed illegality before the law actually changed, and the defense should examine exactly when the alleged conduct occurred and what the officer’s basis was.
Related Nashville Defense Pages
- Nashville Drug Lawyer
- Nashville Possession or Casual Exchange Lawyer
- Nashville Marijuana Lawyer
- Constructive Possession in Tennessee
- All Felonies and Misdemeanors
Frequently Asked Questions About Tennessee Kratom Violations
Is kratom legal in Tennessee?
No — not anymore. Effective July 1, 2026, Tennessee’s Matthew Davenport’s Law (Public Chapter 950) made it a criminal offense to knowingly possess, manufacture, deliver, or sell kratom. Before that date, kratom was legal for adults 21 and older in its natural, labeled form under Tenn. Code Ann. § 39-17-452. The law in effect on the offense date controls which rules apply.
Can you be arrested for possessing kratom?
Yes. For conduct on or after July 1, 2026, knowing possession of kratom is a Class A misdemeanor in Tennessee, carrying up to 11 months and 29 days in jail and a fine. For conduct before that date, possession by an adult 21 or older of natural-form kratom was generally lawful.
What is a kratom violation?
Under current law, kratom offenses include knowing possession (a Class A misdemeanor), knowing manufacture, delivery, or sale (a Class C felony), and possession with intent to manufacture, deliver, or sell (a Class C felony). Delivery or sale to a minor by an adult at least two years older who knows the person is a minor is a Class B felony. Under the prior law, violations included selling kratom that was not labeled and in its natural form and selling to or possession by a person under 21.
Is selling kratom illegal in Tennessee?
Yes, for conduct on or after July 1, 2026. Knowingly manufacturing, delivering, or selling kratom is a Class C felony, and selling to a minor in the circumstances defined by the statute is a Class B felony. Before July 1, 2026, sales were lawful if the product was labeled and in its natural form and the buyer was 21 or older.
Are there age restrictions on kratom?
Under the law in effect before July 1, 2026, it was an offense to distribute, sell, or offer kratom to a person under 21, or for a person under 21 to purchase or possess it. Under current law, kratom is prohibited entirely, and sales to minors carry the most serious classification.
Can a business face criminal charges for kratom violations?
Yes. Under current law, a retailer or distributor who knowingly sells kratom faces the same Class C felony exposure as any other seller. Businesses with existing inventory after the law’s effective date should get legal advice about compliance and disposal rather than continuing sales.
What penalties apply to kratom violations?
Knowing possession is a Class A misdemeanor (up to 11 months and 29 days). Manufacture, delivery, sale, or possession with intent is a Class C felony (an authorized range of three to fifteen years). Sale or delivery to a minor by a qualifying adult is a Class B felony (eight to thirty years). The law in effect on the offense date controls.
Can kratom products be seized?
Yes. Law enforcement can seize suspected kratom as evidence, and forfeiture provisions may apply to products involved in a sale or distribution case. The defense can challenge both the seizure’s legality and whether the product is actually kratom within the statutory definition.
What defenses are available in a kratom case?
Defenses depend on the charge but can include: the product does not meet the statutory definition of kratom; the accused did not know the substance was present or what it was; the conduct occurred before July 1, 2026 and was lawful under the prior law; the search or seizure was unconstitutional; the lab testing is unreliable; or the product belonged to someone else.
Do Tennessee kratom laws apply to all kratom products?
The current statute defines kratom broadly — any part of the mitragyna speciosa plant containing mitragynine or 7-hydroxymitragynine, extracts, synthetic alkaloid derivatives, and substantially equivalent preparations. Whether a particular product falls within that definition can be contested, especially for products marketed under other names or with unclear contents.
Legal references: Tenn. Code Ann. § 39-17-452 (prior law); Matthew Davenport’s Law, 2026 Tenn. Pub. Ch. 950 (effective July 1, 2026); Tenn. Code Ann. § 40-35-111. This page is general information, not legal advice. Tennessee’s kratom laws changed recently, and the law in effect on the offense date controls.
If you are facing a kratom charge in Nashville or Middle Tennessee, call or text Kevin Kennedy Law Firm at (615) 205-7311 for a free, confidential consultation.