Drug Crimes

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TN Drug Schedule (39-17-401 to 417)

Schedule I

High potential for abuse; no accepted medical use in treatment or lacks accepted safety for use in treatment under medical supervision.

 

Schedule II

High potential for abuse; has currently accepted medical use in treatment, or currently accepted medical use with severe restrictions; abuse of the substance may lead to severe psychic or physical dependence

 

Schedule III

Potential for abuse less than the substances listed in Schedules I and II; has currently accepted medical use in treatment; and may lead to moderate or low physical dependence or high psychological dependence.

 

Schedule IV

Low potential for abuse relative to substances in Schedule III; has currently accepted medical use in treatment; and may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.

 

Schedule V

Low potential for abuse relative to the controlled substances listed in Schedule IV; has currently accepted medical use in treatment in the United States; and has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.

 

Schedule VII.

Butyl nitrite and any isomer thereof

Manufacture/Deliver/Sell/Possess Controlled Substance (39-17-417)

Excerpt: It is an offense for a defendant to knowingly:

     (1)  Manufacture a controlled substance;

     (2)  Deliver a controlled substance;

     (3)  Sell a controlled substance; or

     (4)  Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.

Penalties include:

Controlled Substance

Class of Offense

Schedule I

Class B felony

Cocaine (.5 grams or more)

Class B felony and an additional fine of no more than one hundred thousand dollars ($100,000)

Schedule II, including cocaine (less than .5 grams)

Class C felony

Schedule III

Class D felony

Schedule IV

Class D felony

Schedule V

Class E felony

Schedule VI

Depends on amount; seeMarijuana/Hashish table below

Schedule VII

Class E Felony

Marijuana

Hashish

Level of Offense (and additional fine)

Less than ½ ounce

Class A misdemeanor

1/2 ounce to 10 lbs.

up to 2 lbs.

Class E felony + $5,000 fine

10 to 70 lbs.; 10 to 19 plants regardless of weight

2 to 4 lbs.

Class D felony + $50,000 fine

20 to 99 plants regardless of weight

4 to 8 lbs.

Class C felony + $100,000 fine

70 to 300 lbs.; 100 to 499 plants regardless of weight

8 to 15 lbs.

Class B felony + $200,000 fine

More than 300 lbs.; 500 or more plants regardless of weight

15 lbs. or more

Class A felony + $500,000 fine

Simple Possession or Casual Exchange (39-17-418)

Excerpt: It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice. It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce.

Penalties include:

  • Class A Misdemeanor; UNLESS:
    • There is casual exchange to a minor from an adult who is at least two (2) years the minor’s senior, and who knows that the person is a minor, or 
    • The person has two (2) or more prior convictions under this section.
  • May be required to attend a drug offender school.
  • May be required to perform community service work at a drug or alcohol rehabilitation or treatment center.

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