2018 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 4 - Drugs
§ 39-17-452. Synthetic derivatives or analogues of methcathinone.
(a) (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;
(B) Substitution at the 3-position with an alkyl substituent; or
(C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(2) Compounds recognized under subdivision (a)(1) include, but are not limited to:
(A) 4-Methoxymethcathinone (Methedrone);
(B) 3-Methoxymethcathinone (HMMC);
(C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP);
(D) 4-Ethylmethcathinone (4-EMC);
(E) 3,4-Dimethylmethcathinone (3,4-DMMC);
(F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone);
(G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
(H) Mitragynine and hydroxymitragynine;
(I) Desoxypipradol;
(J) URB 754; and
(K) URB602.
(3) (A) It is an offense for a person to knowingly:
(i) Sell, or offer for sale, Kratom unless labeled and in its natural form;
(ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or
(iii) Purchase or possess Kratom if under the age of twenty-one (21) years.
(B) For purposes of this subdivision (a)(3):
(i) "Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and
(ii) "Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(b) Subsection (a) shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the federal food and drug administration.
(c) A violation of subsection (a) is a Class A misdemeanor.
