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§ 39-17-401. Tennessee Drug Control Act

This part and title 53, chapter 11, parts 3 and 4 shall be known and may be cited as the “Tennessee Drug Control Act of 1989.” Except as otherwise expressly permitted by state law, the state preempts the entire field of determining the appropriate sanction for conduct involving a drug or other substance that is […]

§ 39-17-402. Definitions for This Part And Title 53, Chapter 11, Parts 3 and 4

As used in this part and title 53, chapter 11, parts 3 and 4, unless the context otherwise requires: “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: A practitioner or by the practitioner’s authorized agent […]

§ 39-17-404. Name of Drug

The controlled substances listed or to be listed in the schedules in this part are included by whatever official, common, usual, chemical, or trade name designated. Notwithstanding any law to the contrary, the following are excluded from all schedules: Non-narcotic substances excluded under 21 CFR 1308.22, as amended; Chemical preparations exempted under 21 CFR 1308.24, […]

§ 39-17-405. Criteria for Schedule I

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule I upon finding that the substance has: High potential for abuse; and No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical […]

§ 39-17-406. Controlled Substances in Schedule I

Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Opiates, unless specifically excepted or unless listed in another schedule, means any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and […]

§ 39-17-407. Criteria for Schedule Ii

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule II upon finding that: The substance has high potential for abuse; The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; […]

§ 39-17-408. Controlled Substances in Schedule Ii

Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Substances, vegetable origin or chemical synthesis, unless specifically excepted or unless listed in another schedule, means any of the following substances whether produced directly or indirectly by extraction […]

§ 39-17-409. Criteria for Schedule Iii

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule III upon finding that: The substance has a potential for abuse less than the substances listed in Schedules I and II; The substance has currently accepted medical use in treatment in the […]

§ 39-17-410. Controlled Substances in Schedule Iii

Schedule III consists of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant […]

§ 39-17-411. Criteria for Schedule Iv

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that: The substance has a low potential for abuse relative to substances in Schedule III; The substance has currently accepted medical use in treatment in the United States; and […]

§ 39-17-412. Controlled Substances in Schedule Iv

Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Narcotic drugs, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts […]

§ 39-17-413. Criteria for Schedule v

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule V upon finding that: The substance has low potential for abuse relative to the controlled substances listed in Schedule IV; The substance has currently accepted medical use in treatment in the United […]

§ 39-17-414. Controlled Substances in Schedule v

Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Narcotic drugs containing non-narcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base […]

§ 39-17-415. Criteria and Controlled Substances for Schedule Vi

There is established a Schedule VI for the classification of substances which the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, upon considering the factors set forth in § 39-17-403, decides should not be included in Schedules I through V. The controlled substances included in Schedule VI […]

§ 39-17-416. Controlled Substances in Schedule Vii

There is established a Schedule VII for the classification of substances that should not be included in Schedules I through VI. The controlled substance included in Schedule VII is Butyl nitrite and any isomer of Butyl nitrite.

§ 39-17-417. Criminal Offenses and Penalties

It is an offense for a defendant to knowingly: Manufacture a controlled substance; Deliver a controlled substance; Sell a controlled substance; or Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance. A violation of subsection (a) with respect to a Schedule I controlled substance is a Class B felony and, […]

§ 39-17-418. Simple Possession or Casual Exchange

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 […]

§ 39-17-419. Inferences

It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. It may be inferred from circumstances indicating a casual exchange among individuals of a […]

§ 39-17-420. Fines and Forfeitures

Except as provided in subdivision (a)(2) and in subsection (d), all fines and forfeitures of appearance bonds received because of a violation of any provision of this part and that are specifically set forth in this part, and the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law, shall […]