Tennessee Considers Adding Kratom to Drug-Free Workplace Rules

Tennessee officials are moving to add kratom to the state’s drug-free workplace rules, a shift that could change how injured workers handle compensation claims.

The Tennessee Department of Labor and Workforce Development is considering a proposal to include the substance in its official drug definitions, FOX 17 News reported. While the change would not mandate that employers test for kratom, it would change the laws for those participating in the state's voluntary Drug-Free Workplace Program.

A public hearing regarding this proposal is scheduled for Tuesday, November 10, at 11 a.m. at the Tennessee Department of Labor and Workforce Development in Nashville.

The proposed rule change is tied to a legal presumption that could impact financial recovery for injured employees. According to the department, if an injured worker tests positive for kratom while working for an employer in the program, it can create a legal presumption that the substance caused the injury.

Tennessee considers kratom workplace rule change

This presumption directly affects workers’ compensation claims. However, the department noted that workers maintain the right to challenge this presumption. To do so, they must provide clear and convincing evidence that the kratom did not cause the injury in question.

The department clarified that the rule change does not dictate how employers handle discipline. Such actions remain governed by individual employer policies and existing state and federal employment laws.

Tennessee Considers Adding Kratom to Drug-Free Workplace Rules

Kratom is derived from a Southeast Asian tree. The Tennessee Department of Mental Health and Substance Abuse Services states that products made from its leaves can produce effects similar to opioids and stimulants.

This regulatory move follows the implementation of Public Chapter 950, commonly referred to as Matthew Davenport’s Law. This legislation, which took effect on July 1, 2026, established separate prohibitions against the knowing possession, manufacture, delivery, or sale of kratom within the state.

The current proposal is a specific requirement of that law. Section 6 of the legislation directs the labor commissioner to adopt a rule that officially adds kratom to the drug definition used by the workplace program.

Tennessee is considering adding kratom to its voluntary drug-free workplace program. The state says testing would NOT be required—but a positive result could affect a workers’ compensation claim. A public hearing is today. What workers need to know on @FOXNashville. pic.twitter.com/Kv98MwaLWh

— Post by @ChrisNallsTV on X

The department emphasized that the amendment is distinct from the laws governing possession and sales. The proposal is intended only for employers who choose to participate in the Tennessee Drug-Free Workplace Program; it does not apply to every business operating in the state.

The department also noted that the proposed amendment does not specifically address off-duty use of the substance.

The timeline for the rule’s implementation remains unconfirmed. Before the change becomes official, the proposal must undergo several more layers of scrutiny, including review and approval by the attorney general’s office and the legislature’s Joint Government Operations Committee.

Once approved, the department will update its website, and participating employers will be responsible for notifying their staff of the new rules.

Public feedback is still being accepted. Stakeholders and citizens can submit written comments to Amanda Terry at [email protected] until 4:30 p.m. on November 24.