Part 1 Miscellaneous
Part 3 Disorderly Conduct and Riots
Part 4 Drugs
Part 5 Gambling
Part 6 Lottery Sales
Part 7 Intoxicating Liquors
Part 9 Obscenity
Part 10 Sexual Exploitation of Children
Part 11 Public Events
Part 13 Weapons
Part 14 Metals Recycling
Part 15 Prevention of Youth Access to Tobacco
Part 16 Children’s Act for Clean Indoor Air
Part 17 Child Curfew
Part 18 Non-Smoker Protection Act.

Terms Used In Tennessee Code > Title 39 > Chapter 17

  • 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) A practitioner or by the practitioner's authorized agent in the practitioner's presence. See

  • Agriculture: means :

    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

  • Annual event: means an event:

    (A) Authorized by a two-thirds (2/3) vote of all members elected to each house of the general assembly. See

  • Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See
  • Bodily injury: includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. See
  • Bureau: means the United States drug enforcement administration, United States department of justice, or its successor agency, except when used as the Tennessee bureau of investigation. See
  • Children: means individuals who have not attained eighteen (18) years of age. See
  • Club: means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument. See
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Coercion: means a threat, however communicated, to:

    (A) Commit any offense. See

  • Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representative. See
  • Community center: means any center operated by any city or county government that is used for children's activities. See
  • Controlled substance: means a drug, substance, or immediate precursor in Schedules I through VI of §. See
  • Corporation: means the Tennessee Education Lottery Corporation or its successor. See
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Crime of violence: includes any degree of murder, voluntary manslaughter, aggravated rape, rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault or aggravated kidnapping. See
  • Criminal negligence: refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. See
  • Deadly weapon: means :

    (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See

  • Deception: means that a person knowingly:

    (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true. See

  • Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See
  • delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See
  • Department: means the department of agriculture. See
  • Designated smoking area: means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. See
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See
  • Distributor: means a person who distributes. See
  • Drug: means :

    (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See

  • Drug paraphernalia: includes , but is not limited to:

    (A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance. See

  • Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity. See
  • Explosive weapon: means any explosive, incendiary or poisonous gas:

    (i) Bomb. See

  • Firearm: means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use. See
  • Firearm silencer: means any device designed, made or adapted to muffle the report of a firearm. See
  • Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See
  • Fraud: means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title. See
  • Gambling device or record: means anything designed for use in gambling, intended for use in gambling, or used for gambling. See
  • Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See
  • Group care home: means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization. See
  • Handgun: means any firearm with a barrel length of less than twelve inches (12²) that is designed, made or adapted to be fired with one (1) hand. See
  • Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Hoax device: means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. See
  • Immediate methamphetamine precursor: means ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, or any drug or other product that contains a detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers. See
  • Immediate precursor: means a substance that the commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See
  • Immediate vicinity: refers to the area within the person's immediate control within which the person has ready access to the ammunition. See
  • Intentional: means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. See
  • Jail: includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit. See
  • Knife: means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. See
  • Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See
  • Knuckles: means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. See
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:

    (A) Maintain public order. See

  • Legal privilege: means a particular or peculiar benefit or advantage created by law. See
  • Lottery: means the selling of anything of value for chances on a prize or stake. See
  • Machine gun: means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger. See
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:

    (A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See

  • Marijuana: means all parts of the plant cannabis, whether growing or not. See
  • Mental institution: means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital. See
  • Metals recycling facility: means any business that is predominantly engaged in performing the process by which scrap, used or obsolete ferrous or nonferrous metals are converted into raw materials consisting of proper grades and having an existing or potential economic value. See
  • Minor: means any person under eighteen (18) years of age. See
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Motor vehicle: means any vehicle which is self-propelled. See
  • Oath: includes affirmation. See Tennessee Code 1-3-105
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See
  • Official proceeding: means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath. See
  • Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See
  • Opium poppy: means the plant of the species Papaver somniferium 1 , except its seeds. See
  • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See
  • Participates: includes :

    (A) Assembling with or joining a group of three (3) or more persons who riot. See

  • PCB-containing capacitor: means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act. See
  • Person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See
  • Person: means individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See
  • Person: means an individual, corporation, partnership, sole proprietorship or other business entity. See
  • Person: means any individual, firm, fiduciary, partnership, corporation, trust, or association. See
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Pharmacist: means a licensed pharmacist as defined by the laws of this state, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist. See
  • Place of employment: means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. See
  • Place of worship: means any enclosed area that is:

    (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to §. See

  • Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See
  • Practitioner: means :

    (A) A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See

  • Proof of age: means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See
  • Proof of age: means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See
  • Public place: means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms. See
  • Public place: means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. See
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Reckless: means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. See
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Restricted firearm ammunition: means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. See
  • Rifle: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. See
  • Riot: means a disturbance in a public place or penal institution as defined in §. See
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Sampling: means the distribution of samples to members of the general public in a public place. See
  • School grounds: means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event. See
  • Scrap vehicle: means any motor vehicle that has been crushed, flattened or dismantled or that has been otherwise damaged to the extent that it cannot be economically repaired. See
  • Serious bodily injury: means bodily injury that involves:

    (A) A substantial risk of death. See

  • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (35) or a specific statute exists covering the same or similar conduct. See
  • Short barrel: means a barrel length of less than sixteen inches (16²) for a rifle and eighteen inches (18²) for a shotgun, or an overall firearm length of less than twenty-six inches (26²). See
  • Shotgun: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger. See
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Smoking: means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco. See
  • Smoking: means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form. See
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States. See
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • State lottery game: means any game of chance approved and operated pursuant to title
  • State lottery retailer: means :

    (A) A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person. See

  • State lottery ticket or share: means a lottery ticket or share issued by, or under the authority of, the corporation for evidence of participation in a state lottery game. See
  • Switchblade knife: means any knife that has a blade which opens automatically by:

    (A) Hand pressure applied to a button or other device in the handle. See

  • Tobacco product: means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis. See
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Unloaded: means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. See
  • Wholesaler: means a person who supplies a controlled substance that the person has not produced or prepared, on official written orders, but not on prescriptions. See
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105