Kratom Under Fire: Tennessee Lawmakers Push for Ban, Georgia Intensifies Regulations

Kratom Under Fire: Tennessee Lawmakers Push for Ban, Georgia Intensifies Regulations

Nashville, TN & Atlanta, GA – The legal landscape for kratom in the Southeastern United States is experiencing significant upheaval, with lawmakers in both Tennessee and Georgia actively pursuing measures that could drastically alter the industry. While Tennessee sees renewed efforts for an outright ban, Georgia is implementing and proposing stricter regulations, creating a complex and challenging environment for kratom merchants and consumers alike.

What's Happening in Tennessee and Georgia

In Tennessee, the debate over kratom's legality is heating up. Although kratom is currently legal for adults 21 and older, under regulations similar to a Kratom Consumer Protection Act (KCPA), there's a strong push for more restrictive measures or a complete prohibition. House Joint Resolution 147 (HJR 147), passed in 2025 and signed by the Governor, highlights growing concerns about kratom's safety, alleged lack of oversight, and reported overdoses, explicitly supporting "regulation or ban" on its sale. Local governmental bodies, such as the Jackson City Council, are also advocating for a statewide ban, signaling a concerted effort to restrict access to the botanical.

Meanwhile, Georgia has already enacted significant changes and is poised for further regulatory tightening. Effective January 1, 2025, Georgia House Bill 181 (HB 181) raised the legal age for kratom purchase and possession to 21. The law also prohibits kratom ingestion via vaping devices, mandates that products be displayed behind counters or in secured areas, and sets limits on alkaloid concentrations (mitragynine and 7-hydroxymitragynine) while requiring enhanced labeling. Further legislative action is on the horizon with Georgia House Bill 757 (HB 757) for the 2025-2026 session, which seeks to establish a comprehensive regulatory framework. This proposed bill would require annual product registration with the Department of Agriculture, sworn certification of compliance, and submission of Certificates of Analysis (COAs) from third-party laboratories. It would also mandate that all registered products be listed on a public website by January 1, 2026, and introduce revised penalties for violations.

Why It Matters to Kratom Merchants and Consumers

These legislative movements carry profound implications. For consumers in Tennessee, the possibility of an outright ban threatens access to a product many use for various personal wellness reasons. In Georgia, the new and proposed regulations mean a more restricted market, potentially limiting product availability and increasing costs due to compliance requirements.

For kratom merchants, the impact is even more immediate and severe. Operating in a "high-risk" industry, businesses already face challenges securing payment processing due to regulatory scrutiny and varying state laws. The shifting legal landscape in these states adds layers of complexity, increasing the risk of compliance failures, which can lead to frozen funds, account terminations, or repeated application denials from payment processors.

Compliance Implications for High-Risk Merchants

The heightened regulatory scrutiny in Tennessee and Georgia underscores the critical need for robust compliance strategies for all kratom merchants, especially those operating in high-risk environments. The ongoing legislative efforts, particularly Georgia's HB 757, set a precedent for detailed product registration and transparency.

High-risk merchants must prioritize and invest in comprehensive lab testing and Certificates of Analysis (COAs). A credible COA is more than just a document; it's a testament to product quality, safety, and legal adherence. COAs should originate from independent, ISO 17025 accredited third-party laboratories and clearly detail:

• Product Identity and Batch Information: Ensuring traceability and authenticity.
• Alkaloid Potency: Quantifying key compounds like mitragynine and 7-hydroxymitragynine, and confirming they are within legal limits (as will be required in Georgia).
• Purity and Contaminant Screening: Testing for heavy metals (lead, mercury, arsenic, cadmium, nickel), microbial contaminants (Salmonella, E. coli, yeast, mold), and pesticide residues.
• Absence of Adulterants: Verifying that products are free from synthetic kratom alkaloids or other dangerous substances.

Furthermore, merchants must ensure their manufacturing practices align with current Good Manufacturing Practices (cGMP) and be prepared to provide sworn certifications, as Georgia's HB 757 proposes. Maintaining up-to-date COAs for every product batch and making them readily available to consumers and regulatory bodies is no longer optional but a fundamental requirement for operating responsibly.

The evolving regulatory environment in Tennessee and Georgia serves as a stark reminder that proactive, transparent, and rigorous compliance is paramount for the sustainability and legitimacy of the kratom industry. Merchants must stay informed, adapt quickly, and uphold the highest standards of product safety and labeling to navigate these challenging waters successfully.