Legislation that would ban kratom, an opioid-like substance used recreationally and for pain relief, is advancing toward a floor vote in the Tennessee legislature.
Tennessee law already criminalizes synthetic forms of the substance, but the latest bill, championed by state Rep. Esther Helton-Haynes, R-East Ridge, would designate both natural and synthetic forms as a Schedule I drug. The U.S. Drug Enforcement Administration defines Schedule I drugs as “drugs with no currently accepted medical use and a high potential for abuse.” Examples include heroin, LSD, marijuana and ecstasy.
Despite the current ban, Helton-Haynes said by phone that synthetic kratom products are still easy to buy and that state officials should do everything they can to protect young people from turning to the substance.
Kratom is derived from the leaves of a plant native to Southeast Asia, can have psychoactive effects when consumed and can lead to addiction, overdoses and liver toxicity.
The active ingredient, a naturally occurring compound known as 7-OH, can be extracted and used to produce synthetic products that are much stronger.
(READ MORE: Helton-Haynes wants kratom ban in Tennessee)
Chris French, who is planning to open a kratom bar in Chattanooga’s Southside neighborhood with his wife this summer and opposes the legislation, said there’s a big difference between synthetic products and the raw leaf.
“Natural kratom is literally just the leaf taken off of a tree that grows in Southeast Asia, and that leaf is then crushed up and either served in a capsule or brewed to make a tea,” French said by phone. “You’re basically consuming the plant and only the plant.”
The legislation would make possession of kratom a misdemeanor, while manufacturing, distributing or selling it would be a felony. Knowingly selling it to a minor would be a more serious felony.
The bill would also require county medical examiners to test for the presence of kratom during an autopsy.
A ban on natural kratom could harm people who use it to treat chronic pain, ease addiction recovery and as a recreational alternative to alcohol, French said.
“I’ve seen this firsthand,” French said. “These folks are switching over to something that is much, much, much safer and helping them kick a much more dangerous addiction.”
Despite the ban on synthetic kratom, those products are still widely available, both Helton-Haynes and French said.
The lawmaker said that’s because labs are not able to distinguish between synthetic 7-OH and when the compound is occurring in a natural product.
French, on the other hand, said labs testing the products can identify the concentration of the compound, which is never greater than 2% of all similar alkaloid compounds.
“I have tested my kratom powder at a certified lab to determine that it is natural,” French said. “If I can do it as a consumer, the state can do it as well. They just need to find a testing facility.”
French said he supports legislation and enforcement of bans on synthetic kratom.
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A Change.org petition that opposes Helton-Haynes’ legislation has over 900 signatures.
Helton-Haynes said it’s hard to verify how many of those signatories are Tennesseans, but said she’s heard from people on both sides of the issue.
“People have been on my campaign Facebook page from all over the country trying to get involved in discussing this with me,” she said.
The bill unanimously passed the House Finance, Ways and Means subcommittee Wednesday. The same day, an identical version passed the Senate Judiciary Committee with six voting in favor, one against and two present but not voting.
State Sen. Todd Gardenhire, R-Chattanooga, sponsored the Senate bill.
A fiscal note attached to the legislation estimates the law could result in more than $1.2 million in lost tax revenue earned on the state’s estimated $18 million kratom market. The note also estimates that local jails could see as much as $385,000 in new costs.
The version in both branches of the legislature could mean passage of the law is smoother because the two bills will not have to be reconciled, Helton-Haynes said.
Including the lead sponsor, the bill has 64 cosponsors. The House has 99 members, meaning the bill could pass the lower legislative chamber with 50 votes.
“It’s very good, and I’ve got bipartisan support,” Helton-Haynes said. “The speaker of the House and the minority leader have signed on the bill.”
The Food and Drug Administration, which regulates controlled substances and pharmaceutical drugs, has said kratom cannot be sold as a dietary supplement or as an over-the-counter drug. The federal government has not issued any bans on the substance, leaving further regulation to states.
Six states have total kratom bans — Alabama, Arkansas, Indiana, Rhode Island, Vermont and Wisconsin.
Contact Report for America corps member Jules Feeney at jfeeney@timesfreepress.com or 423-757-6431.
Jules Feeney is a Report for America corps member covering the local impacts of the Trump administration for the Chattanooga Times Free Press. Before moving to Tennessee, Feeney worked as a freelance researcher and editorial intern at the Guardian US.
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