TENNESSEE HOUSE OF REPRESENTATIVES ADVANCES RESOLUTION OPPOSING KRATOM, EYES ‘OUTRIGHT BAN’

In a year that has seen the kratom conversation shift away from scare tactics and vague questions about the plant-based products, one state legislature is turning back the clock to entertain a resolution that supports a kratom ban.

Tennessee has made waves in recent years by pursuing restrictive policies for a variety of social issues, and the legislature is now turning that limited approach to the subject of kratom. Despite having a law on the books to protect young people and other attempts to regulate kratom further through the legislative process, a resolution to oppose kratom passed in the House of Representatives and those behind the measure have also indicated it could be turned into future legislation to attempt an “outright ban” on the plant.

With the measure now heading to the state Senate, advocates worry that the momentum could lead to a legislative attempt to ban or schedule kratom in Tennessee.  

State Rep. Esther Helton-Haynes introduced House Joint Resolution 147 last month and had her proposal heard by the Criminal Justice Subcommittee at a meeting on Mar. 19. The resolution calls for the “strictest State regulation of Kratom or even an outright ban on the sale of Kratom in Tennessee” and centers its arguments around a death attributed to a “lethal interaction” of medication and kratom. 

Reasoning Behind the Resolution

There are also references to thousands of “kratom-related overdoses” and a line about medical examiners beginning to label “Kratom-only fatal overdoses” without any further explanation. None of the data or claims made in the resolution contained supporting information, nor did Helton-Haynes produce any further data or information when she presented the resolution. 

The resolution does mention that “several states are beginning to regulate the storage, distribution, and sale of Kratom, while others have outright banned it in any form” before highlighting the actions taken by states that have banned kratom. What isn’t mentioned is the 13 states that have passed versions of the Kratom Consumer Protection Act (KCPA). 

In those states, laws have been designed to address concerns with labels, set restrictions on what qualifies as a kratom product and ban the use of additives and synthetic alkaloids. 

Lawmakers in Tennessee have attempted to pass their version of a KCPA but failed in both chambers. Potential bills were introduced within a week of each other in 2023 in the Tennessee Senate and House of Representatives. The Senate version passed on first consideration but then failed in the Senate Judiciary Committee after being deferred twice. The House version of the bill deferred the discussion until 2024 before being sent to the same committee that heard the HJR 147 during the first week of the legislative session. 

The bill was withdrawn the day before the hearing. Currently, the only law governing kratom in the state is an age requirement–customers must be 21 years old to buy kratom. 

Current Conversations on Kratom

It’s not just states with progressive politics that have taken a more in-depth approach to kratom, either. Earlier this year South Dakota passed its comprehensive approach to regulating kratom and Nebraska is in the final stages of passing a regulatory structure to target specific kratom products. 

Both states centered their kratom conversation on the same subject: Synthetic alkaloids and enhanced kratom products that present a risk to customers. 

In testimony presented by medical professionals to both state legislatures and to the United States Congress, a variety of voices have spoken about the safety profile of natural leaf kratom and the risks presented by enhanced products. During the testimony last year at the federal level, a panel of scientists specifically presented evidence about synthetic kratom alkaloids, and how products that are artificially enhanced will still show up on medical tests as a ‘kratom product’ by current scientific standards. 

That prevailing evidence has led to most versions of the KCPA to include limits on alkaloid concentration and a ban on synthetic alkaloids. In South Dakota, targeting those “supercharged” products was the driving force behind the passage of its kratom bill. 

Laws targeting those specific products are relevant in the wake of information that was recently revealed about Tennessee’s kratom market. Advocates in Tennessee used a 'secret shopper' method to study available kratom products. Those shoppers worked with the same researchers who spoke out against synthetic alkaloids to show that certain products marketed as kratom had a “concerning” chemical profile. 

Such considerations were absent from the discussion in both the subcommittee and committee hearing on the proposed resolution–instead, the gathered state representatives signaled support for action beyond a simple resolution. 

The mother of the man whose death was referenced in HJR 147 was the only member of the public to testify at either meeting on the resolution. Since it was not a public hearing, the committee formally paused the proceedings to take public input. When the testimony ran long, the only questions submitted were to allow the woman to continue her testimony. 

Helton-Haynes did not receive any follow-up questions, but one member of the subcommittee took his time to make a statement in support of further action. 

“I know this is an HJR, but we need to work on banning this outright in the future,” said Rep. Rick Scarbrough.

The resolution was advanced by a 19-0 vote of the Judiciary Committee to bring it to the House floor, where it passed by a vote of 90-1. 

Rep. Aftyn Behn was the only no vote in the entire process and used her time on the floor of the House to speak out about visiting a kava bar in her district to learn more about kratom. The diverse consumer base at the bar made for a “wonderful experience,” and Behn said it gave her a better understanding of the kratom industry and consumers of the supplement. Behn indicated that she wanted to work with the resolution’s sponsor to find a way to regulate and protect the legal kratom industry.

After passing the House floor vote, the resolution was transmitted to the Senate for further consideration. A separate bill would be required to propose any changes to Tennessee’s criminal code–such an action would require a public input period, and advocates are already urging kratom consumers to reach out to lawmakers.