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TOPIC: Individual Arrested in Tennessee for Kratom

Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3142

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Hello, my name is Melissa Bean. I was pulled over for not having my seatbelt on in Gallatin, TN. I had purchased Kratom from Kratom King ( I am also wondering if they are a certified vendor by the Kratom association, if anyone knows) over the internet and had the FedEx package with the Kratom in it with me in my vehicle. Long story short, they searched my vehicle and found the Kratom in the Fed Ex box, in its correct package, that was labelled as Kratom, and the packing slip stating that I had purchased it and that it was kratom was even in the box. I was arrested for controlled substanc analogue T.C.A 39-17-454. I am charged with a class D felony. I had an $8,000.00 bond(which was only $837.00 with the bondsman, thank god!)They seized my vehicle, my cell phone, and my laptop computer that I had with me. I know what you are thinking. They think it is something else, right? No, they know it is Kratom. That is what i am charged with. I have researched this new law and it was created for the continuously newly created strands of bath salts and fake weed, but this law is written up so very vague that they could charge you with coffee if they wanted to. The question is, since Kratom is legal, will this be thrown out in court when I go. I definitely hope so. I don't know. They seem to think that they really got something here. If anyone reading this knows of any helpful info or good kratom lawyers(LOL. I know there aren't any. Due to the fact that it is LEGAL) please reply or contact me at This email address is being protected from spambots. You need JavaScript enabled to view it. . This is craziness. I know that I am doing right in my life. I had been on many different presciption pain and anxiety medications that are extremely addictive and have horrible side effects. I was able to come off all of that with the help of kratom. I have Trichotillomania and have never found anything to help ease the symptoms like Kratom does. Thanks. I look forward to reading your replies.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3143

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What did they say to you pertaining to the state's stance on kratom itself? Did they return it to you once it was established that it's an uncontrolled substance and not a synthetic analogue? Was your package already opened? I cannot imagine it being legal for them to open up a package without just cause, just for a seatbelt issue.
"A little madness, now and again, is relished by even the wisest of men." - Unknown.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3144

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Please contact Robert Vaughn, Esquire in Nashville. 615-259-1230. He will help you.
Tell him Rockin Randy referred you to him. He helped me win cases in Federal and State Court.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3145

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They kept on saying that it was illegal. I of course told them that it wasn't. They took it. It was opened but still in its original package, in the fedex box with the packing slip stating what it was (Kratom) and that I had purchased it from Kratom king. The thing that worries me is that it has a sticker that says not for human consumption on the bag. I have gotten many bags of kratom from kratom king that didn't have the not for human consumption sticker on it and i know that it is for consumption. I have purchased it from herbal shops it tn and the packages had supplement facts on the back along with dosage information.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3147

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Thanks Rockin Randy! Was your case pertaining to kratom because I can't find any other cases or arrests in TN that have anything to do with Kratom. I know it is legal! And can not believe this is happening! Is he an expensive lawyer and do you think he will take payments?
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3149

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I called him and talked to his secretary. He is going to call me late this afternoon. The secretary said that TN passed a law putting a lot of substances under controlled substance analogue but she cant be sure if kratom was one of them, although she has heard of it. Someone please tell me that Kratom is not a controlled substance analogue. I cant find anything stating that it is. Besides, it is not a synthetic, so how could it be? This is driving me insane!!
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3150

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Does anyone think it would be productive to write letters to important players - police, perhaps, also - in Gallatin, TN? To defend this lady, TKK, and kratom itself? I am concerned for you and your state, but also for TKK - my vendor, as well - lest this trickles their way somehow.

Gods, this must blow over...
"A little madness, now and again, is relished by even the wisest of men." - Unknown.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3152

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What does Kratom King, as far as you know, sell Kratom for? To do what with ? Consume/eat? Smoke?
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3156

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Hi Melissa, sorry you have been caught up in this nonsense. I don't think it matters what TKK has on their website -- but I agree with you that this likely is not something covered by a law that is meant to control synthetics. Mitragynine, for example, is not a chemical analogue to any controlled substance of which I am aware -- someone correct me if I'm wrong?

Do not worry, as a worst case scenario for you might be something like probation, if indeed this does go that far (I doubt it will). But just let due process take its course and the lawyer will take care of you. It's unfortunate that you'll have to pay for this, but on the bright side, it might set a good precedent. Please let us know as events progress. Also, would anyone be willing to donate to help with costs? I can pitch in a little. Melissa, could you perhaps set up a paypal account, and also let us know the costs. I think it would be beneficial to all of us to see you win this.
Last Edit: 2 years 1 week ago by ken.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3157

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As a Tennesian I may be willing to contribute a little.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3168

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Hello Ken,
Thanks so much. Anything would help. I've only just finished paying back friends for the bond. I talked with the lawyer. He didn't exactly know what kratom was, although he had heard of it. He said to give him 24 hours to look into the case, and the legality of kratom and is supposed to call me back tomorrow and let me know something. Hopefully, since kratom is legal, he won't charge that much. This is all so ridiculous. Whenever I tell someone what has happened, they sort of look at me as if I am lying because Why would the police charge someone with a legal substance? It is all absolute craziness! I will keep you all posted and I already have a paypal account from back when you used to be able to buy kratom over the net with it.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3172

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GideonFlux wrote:
Does anyone think it would be productive to write letters to important players - police, perhaps, also - in Gallatin, TN? To defend this lady, TKK, and kratom itself? I am concerned for you and your state, but also for TKK - my vendor, as well - lest this trickles their way somehow.

Gods, this must blow over...
That's a good question. Anyone else care to chime in? We're fighting the good fight here and I don't believe that there is really any "small and unimportant" battle in this fight.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3174

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I don't know who we can write to regarding this matter, though. I also don't understand how they can confiscate something that is not even named on their list of known analogues and alternatives. Gives a new meaning to 'buckle your seat belt.'
"A little madness, now and again, is relished by even the wisest of men." - Unknown.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3175

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OK - well - this is a real bummer for Tenn.. I looked up the law and it is absolutely UNBELIEVABLE!! Melissa86 is RIGHT they can basically charge you for having a cup of coffee! Here is the Law info link wapp.capitol.tn.gov/apps/BillInfo/Defaul...px?BillNumber=HB2286
Really sorry to hear this got thru!! Tenn residents need to rise up against this and try to get it repealed at the next legislative session.
Looks like the FDA got to someone in that state for sure (as noted in the bill WHO gets say on what is an analogue substance!
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3176

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I talked to the senator yesterday and she said that although this law that she had passed was originally intended for bath salts and k4, the law is up to the presiding judges interpretation of it and whether or not he thinks that kratom applies. Up to his interpretation huh, what about how I interpret it? And, what about the fact that kratom is legal? Next, they will be busting people for valarian root (which is closer chemically in structure to a controlled substance than kratom) korean ginseng, and echinacea. Where does it end? In this law that they have me charged with, it says something about there being investigational exemptions under 505 of the Food and Drug and Cosmetic Act. So, if the FDA is currently investigating kratom than I should be ok. I watched the August 2012 kratom news yesterday and I think it said something about drug companies coming out with a pill that has the chemical extracts from kratom in it. So, I would think, that would have to mean that kratom is under investigation by the FDA, therefore making it exempt from this law. I can't find anything on it being under investigation, so , does anyone out there know if it is or where I might find this information?
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3178

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Sorry to hear that you are being arrested for this Melissa, it is ridiculous to see that this is possible for possession of kratom.

The Tenese law speaks about " an imitation controlled substance", although I'm no expert in the local laws, I could imagine that kratom should not be regarded as an "imitation" , since it is a natural product, it is clearly not "created or designed" to imitate anything. I agree with the statement that coffee could indeed end up on this list as well otherwise, that can clearly not be the objective of this law.

Besides the fact that it is not an imitation, kratom in itself is indeed a legal substance, so it shouldnt be a difficult case for your lawyer to get these charges dropped.

I noticed the proposal to raise funds for the defense, which is something we could indeed support through this forum, but also think you should contact your vendor and ask for their assistance in this.
Do keep us posted!
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3183

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It is not really true to say that coffee could fall under this law since the law specifies that the substance must not be approved for sale by the FDA.

Having said that, there are dozens of botanicals and herbs that are available in mainstream health food stores that are not approved by the FDA, and could easily be found to fall under this law.

Melissa's attorney should argue that this case be thrown out because the law is unreasonably vague and too difficult to interpret by a layperson so that they might conclude that any given substance falls under it, and that if the State had wanted to ban Kratom, then they should have listed Kratom in the bill directly, since it is not a novel synthetic substance that the State couldn't possibly know about until after it hits the market (such as bath salts and other designer drugs). Kratom is widely known, was banned in other countries years ago, and on the DEA watch list since 2010, so by not specifically listing the plant in the law, the State is de facto saying that they are OK with it. This is a reasonable conclusion that any citizen might make from the facts at hand.

The State has no excuse for not naming Kratom if the State wanted it banned.
Last Edit: 2 years 1 week ago by Starman1111.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3185

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I have contacted and asked them if they could refer me to a lawyer or provide any legal help at all and they said that they could not. The director looked up the law that I had been charged with and was a little worried at how vague it is. She did contact the major importers of kratom into this country to see if they knew of anything about it being illegal in TN and they did not. I imagine that this is the first that TKK has heard of anyone needing legal help over their kratom, due to the fact that it is legal. I agree with you on that, it should be an extremely easy case for any lawyer, but for some reason all of the ones that I have spoken with have not given me much hope on the matter. They all say that it must be illegal or I wouldn't have been charged with it. That is, except for Robert Vaughn, the one that RockinRandy referred me to. He is at least investigating its legality before telling me anything.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3186

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I know! That is what is crazy! This law that I have been charged with was specifically created for all of the new strands of bath salts and K4. I can't see how Kratom could possibly fall under any of the categories that it states.
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Individual Arrested in Tennessee for Kratom 2 years 1 week ago #3191

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Thanks so much for the referral, RockinRandy! He is the first lawyer that I have talked to that agrees with me that it is legal. I feel a lot better about the whole situation now. He is a little expensive, but I can see why. He actually knows what he is talking about and, unlike other lawyers, he actually gives a damn about his clients.
Last Edit: 2 years 1 week ago by melissa86.
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