11/04/2026
Thank you to all the agencies involved in helping get those products off the shelves and helping keep our youth safe.
Recently products being labeled, marketed, and sold as not containing Kratom have subsequently tested positive. In fairness to any stores that may have unknowingly purchased such products, a District wide enforcement effort was undertaken by my office, the 10th Judicial District Drug Task Force, and the listed law enforcement agencies to provide a forty-eight (48) hour grace period to identify and turn over any such products. That time period is now over.
Notice has been given and is hereby given again that it is illegal to knowingly possess, manufacture, deliver, sell, or possess with the intent to manufacture, deliver, or sell “any part of the mitragyna speciosa plant containing the alkaloid mitragynine or metabolite 7-hydroxymitragynine; any substance or compound obtained by extraction of the mitragyna speciosa leaf; any alkaloid or alkaloid derivative that has been created by chemical synthesis or biosynthetic means that synthetically alters the composition of any Kratom alkaloid or alkaloid derivative; any derivative, analog, or other preparation of Kratom; and any derivative, analog, or other preparation thereof that is substantially chemically equivalent or identical to Kratom.”
“Knowing” under Tennessee law means someone “acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.”
Notice has also been given and is hereby given again that a product may not be labeled as containing Kratom when it in fact meets the definition above. As a practical matter, methamphetamine, fentanyl, co***ne, and other illegally possessed drugs typically are not labeled and they are no less illegal. If a label made the difference, the drug cartels would undoubtedly invest in label makers. Any person or business entity relying on labeling should consider the wisdom of that reliance going forward if doing business in the 10th Judicial District.
As always, it is my distinct honor to serve you as District Attorney General. If I can ever be of assistance, please do not hesitate to contact my office.
- Stephen M. Hatchett
