Is Kratom Legal in Tennessee? 2025 Tennesessee Kratom Laws

Kratom (Mitragyna speciosa) remains legal in Tennessee as of mid‑2025, but the state is facing mounting pressure to constrain its sale and use. A 2017 Attorney General’s opinion made it clear that the botanical form, whole leaves, powders, or crushed leaves, is not a controlled substance under Tennessee law. Adults aged 21 and over can legally purchase and possess kratom, provided it remains natural and unadulterated. The law prohibits synthetic or chemically enhanced forms of kratom alkaloids, making products with lab-made mitragynine illegal and potentially punishable as a misdemeanor . Vendors are also required to label products clearly, distinguishing natural leaf forms from non-natural derivatives.

However, the future of kratom in Tennessee is far from settled. In April 2025, the legislature passed House Joint Resolution 147, signaling strong support for either strict regulation or a full ban, a direct response to reported kratom-related harms, including one fatality in Hamilton County. Backed unanimously in the Senate and signed by Governor Bill Lee on May 2, HJR 147 reflects a clear legislative intent to revisit kratom’s legal standing. With this political momentum and historic scrutiny, Tennessee may soon move from permissive use toward tighter regulation or outright prohibition, making it vital for consumers, vendors, and advocates to stay engaged.  

Legally, the resolution does not itself enact restrictions but serves as a formal statement urging future legislative or regulatory action. Specifically, it conveys that the Tennessee General Assembly supports adding kratom to the state’s controlled substances list or imposing the strictest available regulatory controls. This resolution is a precursor that could lead to future legislation restricting or prohibiting kratom sales in Tennessee.

Tennessee HOUSE JOINT RESOLUTION 147 on Kratom pdf

HJR0147 Tennessee Download

What is Kratom?

Kratom (Mitragyna speciosa) is a tropical evergreen tree grown in regions such as Indonesia, Malaysia, Thailand, and Papua New Guinea. Its leaves contain active alkaloids, primarily mitragynine and 7-hydroxymitragynine, which produce dose-dependent effects. At low doses, kratom acts as a stimulant, enhancing energy and focus, while at higher doses, it can induce sedation, euphoria, and pain relief, resembling opioid effects. Traditionally used in Southeast Asia for pain relief, fatigue management, and opioid withdrawal support, kratom is sold in the U.S. as powders, capsules, extracts, or beverages, available in smoke shops, vape stores, kava bars, and online.

Despite its growing popularity, kratom is controversial due to its potential for addiction, overdose, and adverse effects, particularly when adulterated with synthetic substances. The lack of federal regulation has led to a patchwork of state laws, with Tennessee implementing specific rules to govern its use.

Is Kratom Legal in Tennessee?

Based on the Tennessee Kratom Consumer Protection Act (HB0861), as of June 30, 2025, kratom is legal in Tennessee for individuals aged 21 and older, provided it is in its natural botanical form. The state enforces specific regulations to ensure consumer safety and product integrity. These regulations include prohibitions on selling kratom to individuals under 21, requirements for accurate labeling of kratom products, and bans on products that are adulterated with harmful substances or contain synthetic alkaloids such as synthetic mitragynine or 7-hydroxymitragynine. Violations of these provisions can result in misdemeanor charges and fines. Retailers may have a defense if they can demonstrate that they relied in good faith on representations from manufacturers regarding product compliance.

However, the legal status of kratom in Tennessee may be subject to change. On May 2, 2025, Governor Bill Lee signed House Joint Resolution 147 (HJR0147), which expresses the General Assembly’s support for the strictest state regulation or even an outright ban on the sale of kratom in Tennessee. While this resolution does not enact immediate legal changes, it indicates a legislative intent to pursue more stringent controls on kratom in the near future. Therefore, while kratom remains legal under current law, consumers and vendors should stay informed about potential legislative developments that could affect its legal status.

Age Restriction: It is illegal to sell, distribute, or possess kratom to or by individuals under 21. Violating this restriction is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, a fine of up to $2,500, or both.
Natural Form Requirement: Kratom products must be free of synthetic alkaloids (e.g., synthetic mitragynine or 7-hydroxymitragynine) or other dangerous substances like fentanyl. Products containing these are illegal and subject to criminal penalties.
Labeling Requirements: Vendors must accurately label kratom products, including ingredient lists, dosage instructions, and warnings (e.g., not for use by pregnant or nursing women, those under 21, or with alcohol/medications).

Tennessee Kratom Consumer Protection Act (HB0861): AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 4 and Title 43, relative to kratom.

HB0861 Tennessee Download

The Tennessee Kratom Consumer Protection Act, codified through House Bill 861 (HB0861), establishes a comprehensive regulatory framework governing the manufacturing, sale, distribution, and labeling of kratom products within Tennessee. This law represents a significant shift toward consumer protection and public health oversight while maintaining legal access for adult kratom users in the state. The Act amends portions of the Tennessee Code Annotated, Title 39, Chapter 17, Part 4, and Title 43, and became effective on July 1, 2023.

Purpose of the Law

HB0861 was designed to address growing concerns over the safety, purity, and accessibility of kratom products. Rather than pursuing an outright ban, the Tennessee legislature opted for a regulatory approach focused on protecting consumers from unsafe products while preserving access for adults.

Key Definitions in the Law

The Act begins by clearly defining the relevant terms to eliminate ambiguity in enforcement:

Kratom Product: A food product or dietary ingredient that contains any part of the kratom (Mitragyna speciosa) leaf or its extract. This includes products in powder, capsule, tablet, beverage, or other edible forms.
Kratom Extract: A concentrated form of kratom derived from the leaf to provide more standardized content.
Processor: Any person or entity that prepares, manufactures, distributes, or advertises kratom products.
Retailer: Any person or entity that sells or represents themselves as selling kratom products.
Food: Refers broadly to any food, food product, ingredient, dietary supplement, or beverage intended for human consumption.

Prohibited Activities and Product Standards

The Tennessee Kratom Consumer Protection Act establishes strict standards for product safety and consumer protection. Processors and retailers are prohibited from selling or manufacturing the following:

Adulterated Kratom Products: Any kratom product that is mixed with dangerous non-kratom substances which compromise its quality or safety to a level that may harm consumers.
Contaminated Kratom Products: Products containing poisonous, harmful, or otherwise deleterious substances, including controlled substances or their analogs.
Unlabeled Products: Products that fail to list all ingredients on the label.
Products with Excessive Residual Solvents:
Kratom extracts must comply with limits set by United States Pharmacopeia Chapter 467 (USP 467) regarding residual solvents.
High-Potency Kratom Products: Products must not contain more than 2 percent 7-hydroxymitragynine in the alkaloid content of the product.
Synthetic Kratom Alkaloids:Any product containing synthetic versions of kratom alkaloids, such as synthetic mitragynine or synthetic 7-hydroxymitragynine, is prohibited.
Products Without Usage Instructions: Products must clearly display:
- Recommended serving sizes
- Directions for safe use
- The name and physical address of the processor or manufacturer

Age Restrictions and Sales Limitations

The law imposes strict age-related restrictions to prevent minors from accessing kratom:

It is illegal to sell, distribute, or offer kratom products to anyone under the age of 21.
Individuals under 21 are prohibited from purchasing or possessing kratom products.
Only licensed processors and retailers are legally permitted to prepare, manufacture, distribute, or sell kratom products.

Penalties for Violations

The Act specifies clear penalties for different types of violations:

For Selling to Minors or Unauthorized Operations:
Classified as a Class A misdemeanor, carrying criminal consequences.
For Selling Adulterated, Contaminated, or Improperly Labeled Products:
- First Offense:
  - Classified as a Class B misdemeanor, punishable by a $500 fine (fine only).
- Second or Subsequent Offenses:
  - Elevated to a Class A misdemeanor, punishable by a $2,500 fine (fine only).
Retailer Liability Protection:
Retailers are not held criminally liable if they can demonstrate, by a preponderance of the evidence, that they relied in good faith on the representations of the processor, manufacturer, or distributor claiming that the product was compliant and free of contamination.

Labeling Requirements

The Act enforces stringent labeling standards to ensure transparency and consumer safety. Each kratom product must display:

A full list of ingredients
Safe usage directions and a recommended serving size
The name and physical address of the processor or manufacturer

These requirements are designed to enable consumers to make informed decisions and ensure accountability in the supply chain.

Amendment to Prior Laws

HB0861 also amends Section 39-17-452(a)(3) of the Tennessee Code Annotated by deleting it entirely. This amendment removes any conflicting language from prior statutes to align the legal framework with the new consumer protection standards for kratom.

Effective Date

The law became effective on July 1, 2023, and all businesses dealing in kratom products in Tennessee are required to comply from that date forward.

The Tennessee Kratom Consumer Protection Act represents a balanced legislative approach to kratom regulation. Rather than imposing an outright ban, the law focuses on ensuring product safety, protecting consumers particularly minors and establishing a regulated market for kratom. By setting clear standards for purity, labeling, and permissible sales, Tennessee joins a growing list of states adopting structured regulations designed to reduce public health risks while respecting the rights of adult consumers.

Local Regulations

As of June 2025, no counties or municipalities in Tennessee have imposed local bans on kratom, making it legal statewide, including in major cities like Nashville, Memphis, and Chattanooga. This uniformity contrasts with states like Florida, where local bans (e.g., Sarasota County) exist. However, users should remain vigilant, as local ordinances could emerge in response to public health concerns.

Recent Legislative Developments

Tennessee’s kratom laws have evolved through several key milestones, balancing consumer access with safety concerns:

2014 Legislation: Tennessee passed laws targeting synthetic drugs, which initially created confusion about kratom’s legality. Some interpreted these laws as implicating kratom, but the 2017 Attorney General’s opinion clarified that natural kratom is legal, while synthetic forms are not.
2017 Attorney General Opinion: Issued to address confusion, this statement confirmed that possessing kratom in its natural botanical form does not subject individuals to criminal prosecution under Tennessee law.
Tennessee Kratom Consumer Protection Act (HB0861): The Tennessee Kratom Consumer Protection Act, codified through House Bill 861 (HB0861), establishes a comprehensive regulatory framework governing the manufacturing, sale, distribution, and labeling of kratom products within Tennessee. This law represents a significant shift toward consumer protection and public health oversight while maintaining legal access for adult kratom users in the state. The Act amends portions of the Tennessee Code Annotated, Title 39, Chapter 17, Part 4, and Title 43, and became effective on July 1, 2023.
2025 House Joint Resolution 147 (HJR 147): Passed in February 2025 and signed by the governor in May 2025, this resolution, sponsored by Rep. Esther Helton-Haynes, advocates for stricter regulation or a potential statewide ban on kratom. It cites health risks, including a reported fatal interaction in Chattanooga involving kratom and prescription medication. While not a law, HJR 147 signals potential future restrictions and reflects growing public health concerns.

These developments indicate Tennessee’s ongoing effort to balance kratom’s availability with safety, driven by concerns about adulterated products and health risks.

Federal Context and Kratom’s Legal Landscape

At the federal level, kratom is not classified as a controlled substance by the Drug Enforcement Administration (DEA), though it is listed as a “drug of concern” since June 2020. A 2016 DEA proposal to classify kratom as a Schedule I substance was withdrawn due to public backlash. The Food and Drug Administration (FDA) has consistently warned against kratom use, citing risks of liver toxicity, seizures, and substance use disorder. The FDA has not approved kratom as a drug, dietary supplement, or food additive, deeming products containing kratom adulterated under the Federal Food, Drug, and Cosmetic Act.

Without federal regulation, kratom’s legality varies by state:

States with Bans: Alabama, Arkansas, Indiana, Rhode Island, Vermont, and Wisconsin prohibit kratom entirely.
States with KCPA Laws: Utah, Georgia, Arizona, Nevada, and others have comprehensive KCPA laws, requiring testing and labeling standards. Tennessee’s KCPA is less stringent, focusing on age and purity.
States with Age Restrictions: Like Tennessee, South Dakota and New Hampshire set a minimum age of 21 or 18, respectively.

Tennessee’s approach aligns with states prioritizing regulated access over outright bans, though its regulations are less robust than those in states like Utah.

Health and Safety Considerations

Kratom’s legal status in Tennessee is closely tied to concerns about its safety and potential for abuse. Below are key health considerations:

Reported Benefits

Advocates, including the American Kratom Association (AKA), highlight kratom’s potential benefits:

Pain Relief: Kratom’s alkaloids may alleviate chronic pain, appealing to those seeking alternatives to opioids.
Opioid Withdrawal Support: Some users report kratom helps manage withdrawal symptoms, though no FDA-approved medical use exists.
Mood and Energy Enhancement: Low doses may boost energy, focus, and well-being, similar to caffeine.

Risks and Side Effects

Health authorities, including the FDA and CDC, emphasize significant risks:

Addiction and Dependence: Regular use, especially at high doses, can lead to physical dependence and withdrawal symptoms like irritability, nausea, and cravings.
Overdose Risk: The CDC reported 91 kratom-related overdose deaths nationwide from 2016–2017, often involving other substances like fentanyl or alcohol. In Tennessee, incidents like the Chattanooga death cited in HJR 147 highlight risks when kratom is combined with medications. A kratom lawyer can help families fight for compensation.
Adulteration: A 2024 Global Kratom Coalition investigation found Tennessee products marketed as kratom containing synthetic 7-hydroxymitragynine, which is not naturally present in kratom leaves and poses significant risks.
Side Effects: Common side effects include nausea, constipation, dizziness, and, in rare cases, liver toxicity or seizures. Neonatal abstinence syndrome has been reported in newborns exposed to kratom in utero.

Addiction Treatment in Tennessee

For those struggling with kratom dependence, Tennessee offers treatment options through facilities like Cumberland Heights or Bradford Health Services, which provide medical detox, inpatient, and outpatient programs. Early intervention is critical for addressing kratom addiction.

Practical Guidance for Kratom Users in Tennessee

For individuals considering kratom use in Tennessee, here are key guidelines to ensure compliance and safety:

Adhere to Age Restrictions: Only individuals 21 and older can legally purchase or possess kratom. Retailers violating this rule face misdemeanor charges, so verify vendor compliance.
Purchase Natural Kratom: Ensure products are 100% natural, free of synthetic alkaloids or adulterants. Avoid capsules, extracts, or beverages with added flavorings or substances, as these may violate Tennessee law.
Choose Reputable Vendors: Buy from vendors adhering to AKA’s Good Manufacturing Practices (GMP), offering third-party testing for contaminants like pesticides, heavy metals, or pathogens. Reputable online vendors like Kats Botanicals, The Kratom Company, or Kona Kratom emphasize purity and compliance.
Retain Labels: Keep product labels intact, especially when traveling, to demonstrate compliance with Tennessee’s labeling requirements. Missing labels could lead to misunderstandings with authorities.
Consult Healthcare Professionals: Speak with a doctor before using kratom, particularly if you have medical conditions or take medications, as kratom may interact with other substances.
Monitor Legislative Changes: Stay informed about bills like HJR 147, which advocates for stricter regulations or a potential ban. Check the Tennessee General Assembly (www.capitol.tn.gov) or AKA (www.americankratom.org) for updates.

The Future of Kratom in Tennessee

Tennessee’s kratom laws face an uncertain future due to recent developments like HJR 147, which signals growing legislative concern about kratom’s safety. The resolution’s reference to a fatal incident in Chattanooga and its call for stricter regulation or a ban suggest that lawmakers may revisit kratom’s legal status in 2026. Advocacy groups like the AKA and Global Kratom Coalition (GKC) are pushing for enhanced KCPA regulations, including mandatory testing and labeling, to ensure product safety without banning kratom outright.

Public sentiment on platforms like X is mixed, with some users supporting kratom’s benefits and others highlighting its risks or referencing unrelated bans (e.g., posts about other substances being illegal in Tennessee). These posts are inconclusive and reflect individual opinions rather than verified facts.

At the federal level, the DEA’s ongoing scrutiny and FDA’s warnings could lead to a nationwide ban or classification of kratom as a controlled substance, which would override Tennessee’s laws. For now, Tennessee remains a buyer-friendly state for kratom, but users and vendors should prepare for potential regulatory changes.

Conclusion

Kratom is legal in Tennessee for individuals aged 21 and older, provided it is in its natural botanical form, as clarified by Public Chapter 1040 (2018) and reinforced by the Kratom Consumer Protection Act (SB 2258, 2019). Regulations prohibit synthetic or adulterated products and mandate accurate labeling, but Tennessee’s framework is less comprehensive than KCPA laws in other states. No local bans exist, making kratom accessible statewide, though recent legislative efforts like HJR 147 (2025) signal potential future restrictions due to health concerns.

Users should purchase from reputable vendors, ensure products are natural and lab-tested, and stay informed about legal developments. For those facing kratom dependence, treatment options are available through facilities like Cumberland Heights (800-646-9998). As Tennessee navigates the balance between access and safety, kratom’s future will depend on advocacy, research, and legislative action.

For updates on kratom laws, visit the Tennessee General Assembly (www.capitol.tn.gov) (www.capitol.tn.gov) or the American Kratom Association (www.americankratom.org) (www.americankratom.org).

For those harmed by kratom, legal recourse is available under Georgia’s product liability and wrongful death laws. Our Kratom Lawsuit Attorneys can guide related claims, though consulting a Georgia kratom attorney is advised. Fill out our secure contact form today to explore your legal options and navigate Georgia’s evolving kratom landscape.

Sources

Kats Botanicals, “Kratom Legal in Tennessee in 2025: What You Need to Know,” October 17, 2024.
Sprout Health Group, “Is Kratom Legal? Kratom Legality by State,” October 28, 2020.
Choice Botanicals, “Is Kratom Legal in Tennessee? Full Facts,” March 15, 2024.
Kraoma, “Is Kratom Legal In Tennessee,” July 25, 2021.
Bicycle Health, “Kratom Use Statistics & Legality By State,” February 21, 2023.