The Tennessee Department of Labor and Workforce Development will hold a public hearing on the proposal Tuesday, November 10, at 11 a.m. at its offices at 220 French Landing Drive in Nashville. Written comments can be submitted to Amanda.Terry@tn.gov until 4:30 p.m. on November 24.

Kratom is not currently listed in the program's rules. The department said the change is mandated by Public Chapter 950, known as Matthew Davenport's Law, which took effect July 1, 2026. Section 6 of that law specifically directs the labor commissioner to adopt a rule adding kratom to the workplace program's drug definition. The same law separately banned knowingly possessing, manufacturing, delivering or selling kratom in Tennessee.

Kratom comes from a Southeast Asian tree, and products made from its leaves can produce opioid- and stimulant-like effects, according to the Tennessee Department of Mental Health and Substance Abuse Services.

The proposed rule would apply only to employers that voluntarily participate in the state's Drug-Free Workplace Program, not to every employer in Tennessee. Officials said it would not require kratom testing; the program's required testing list comes from the U.S. Department of Transportation.

The department said a positive drug test involving an injured worker whose employer participates in the program can create a legal presumption that the drug caused the injury, which could affect a workers' compensation claim. However, the worker can challenge that presumption with clear and convincing evidence that the drug did not cause the injury. Discipline remains governed by employer policies and applicable state and federal employment law.

Officials said the amendment only adds kratom to the program's rules and does not separately address off-duty use. The workplace rule is separate from the law's possession and sales prohibitions.

An effective date for the workplace rule has not been determined. Additional steps include review and approval by the attorney general's office and review by the legislature's Joint Government Operations Committee. The department said its website would be updated and employers would be responsible for notifying their employees.

Kratom has drawn national attention following the September deaths of two University of Mississippi students. Investigators found kratom products during the investigations, but reporting reviewed for this story did not establish that the products caused either death.

The proposal comes as Tennessee has already criminalized kratom possession and sales, raising questions about how the state's workplace safety net will treat a substance that is now illegal outside regulated channels. For workers in physically demanding jobs, the change could mean that a positive test after an injury becomes a hurdle to securing benefits, even without a requirement that employers screen for kratom.