§ 39-17-401 Tennessee Drug Control Act
§ 39-17-402 Definitions for This Part And Title 53, Chapter 11, Parts 3 and 4
§ 39-17-403 Power to Schedule Dangerous Drugs — Federal Determination — Exclusions — Revision and Publication of Schedules
§ 39-17-404 Name of Drug
§ 39-17-405 Criteria for Schedule I
§ 39-17-406 Controlled Substances in Schedule I
§ 39-17-407 Criteria for Schedule Ii
§ 39-17-408 Controlled Substances in Schedule Ii
§ 39-17-409 Criteria for Schedule Iii
§ 39-17-410 Controlled Substances in Schedule Iii
§ 39-17-411 Criteria for Schedule Iv
§ 39-17-412 Controlled Substances in Schedule Iv
§ 39-17-413 Criteria for Schedule v
§ 39-17-414 Controlled Substances in Schedule v
§ 39-17-415 Criteria and Controlled Substances for Schedule Vi
§ 39-17-416 Controlled Substances in Schedule Vii
§ 39-17-417 Criminal Offenses and Penalties
§ 39-17-418 Simple Possession or Casual Exchange
§ 39-17-419 Inferences
§ 39-17-420 Fines and Forfeitures
§ 39-17-421 Substitution of Drugs in Filling Prescriptions Prohibited
§ 39-17-422 Inhaling, Selling, Giving or Possessing Glue, Paint, Gasoline, Aerosol, Gases for Unlawful Purposes
§ 39-17-423 Counterfeit Controlled Substances
§ 39-17-424 Determination Whether Object Is Drug Paraphernalia
§ 39-17-425 Unlawful Drug Paraphernalia Uses and Activities
§ 39-17-426 Delivery, Sale or Possession of Jimsonweed
§ 39-17-427 Exception
§ 39-17-428 Mandatory Minimum Fines — Allocation of Proceeds
§ 39-17-429 Accountability for Disposition of Fines and Forfeitures
§ 39-17-430 Anabolic Steroids — Prohibited Activities
§ 39-17-431 Immediate Methamphetamine Precursor — Prohibitions
§ 39-17-432 Drug-Free School Zone — Enhanced Criminal Penalties for Violations Within Zone
§ 39-17-433 Promotion of Methamphetamine Manufacture
§ 39-17-434 Manufacture, Delivery, Sale or Possession of Methamphetamines
§ 39-17-435 Initiation of a Process Intended to Result in the Manufacture of Methamphetamine
§ 39-17-436 Drug Offender Registry
§ 39-17-437 Falsification of the Results of a Drug Test — Synthetic Urine Prohibited
§ 39-17-438 Production, Manufacture, Distribution or Possession of Salvia Divinorum A
§ 39-17-439 Alcohol and Drug Addiction Treatment Fee
§ 39-17-440 Sale of Product Containing Dextromethorphan to Person Under 18 Years of Age — Exception — Proof of Age — Violation
§ 39-17-453 Imitation Controlled Substances
§ 39-17-454 Controlled Substance Analogues
§ 39-17-455 Manufacture of Marijuana Concentrate by Process Which Includes Use of Inherently Hazardous Substance — Use of Premises

Terms Used In Tennessee Code > Title 39 > Chapter 17 > Part 4 - Drugs

  • 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:
    1. A practitioner or by the practitioner's authorized agent in the practitioner's presence. See Tennessee Code 39-17-402
    2. Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
    3. Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Tennessee Code 39-17-402
    4. Agriculture: means :
      1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
      2. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
      3. Amortization: Paying off a loan by regular installments.
      4. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
      5. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
      6. Arrest: Taking physical custody of a person by lawful authority.
      7. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
      8. 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 Tennessee Code 39-11-106
      9. 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 Tennessee Code 39-11-106
      10. 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 Tennessee Code 39-17-402
      11. 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
      12. Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
      13. Contract: A legal written agreement that becomes binding when signed.
      14. Controlled substance: means a drug, substance, or immediate precursor in Schedules I through VII of §§. See Tennessee Code 39-17-402
      15. Conviction: A judgement of guilt against a criminal defendant.
      16. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      17. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
      18. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      19. Deadly weapon: means :
        1. A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106
        2. Deed: The legal instrument used to transfer title in real property from one person to another.
        3. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
        4. 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 Tennessee Code 39-11-106
        5. 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 Tennessee Code 39-17-402
        6. Devise: To gift property by will.
        7. 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 Tennessee Code 39-17-402
        8. Dispenser: means a practitioner who dispenses. See Tennessee Code 39-17-402
        9. Distribute: means to deliver other than by administering or dispensing a controlled substance. See Tennessee Code 39-17-402
        10. Distributor: means a person who distributes. See Tennessee Code 39-17-402
        11. Drug: means :
          1. 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 Tennessee Code 39-17-402
          2. Drug paraphernalia: includes , but is not limited to:
            1. 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 Tennessee Code 39-17-402
            2. Emancipated minor: means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents. See Tennessee Code 39-11-106
            3. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
            4. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
            5. Ex officio: Literally, by virtue of one's office.
            6. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
            7. Felony: A crime carrying a penalty of more than a year in prison.
            8. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
            9. Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
            10. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
            11. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
            12. 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 Tennessee Code 39-11-106
            13. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
            14. Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106
            15. 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
            16. 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 Tennessee Code 39-17-402
            17. Immediate precursor: means a substance that the commissioner of mental health and substance abuse services, 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 Tennessee Code 39-17-402
            18. Jail: includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit. See Tennessee Code 39-11-106
            19. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
            20. 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 Tennessee Code 39-11-106
            21. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
            22. Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:
              1. Maintain public order. See Tennessee Code 39-11-106
              2. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
              3. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
              4. Lien: A claim against real or personal property in satisfaction of a debt.
              5. 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:
                1. A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See Tennessee Code 39-17-402
                2. Marijuana: means all parts of the plant cannabis, whether growing or not. See Tennessee Code 39-17-402
                3. Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
                4. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                5. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
                6. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                7. Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:

                  Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Tennessee Code 39-17-402

                8. Oath: includes affirmation. See Tennessee Code 1-3-105
                9. Oath: A promise to tell the truth.
                10. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
                11. 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 Tennessee Code 39-11-106
                12. 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 Tennessee Code 39-17-402
                13. Opium poppy: means the plant of the species papaver somniferum 1 , except its seeds. See Tennessee Code 39-17-402
                14. 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 Tennessee Code 39-11-106
                15. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
                16. Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402
                17. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                18. 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 Tennessee Code 39-17-402
                19. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
                20. Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Tennessee Code 39-17-402
                21. Practitioner: means :

                  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 Tennessee Code 39-17-402

                22. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
                23. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
                24. Production: includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. See Tennessee Code 39-17-402
                25. 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 Tennessee Code 39-11-106
                26. Property: includes both personal and real property. See Tennessee Code 1-3-105
                27. Quorum: The number of legislators that must be present to do business.
                28. 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 Tennessee Code 39-11-106
                29. 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
                30. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
                31. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
                32. 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
                33. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                34. 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
                35. Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service 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 (a)(37) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
                36. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                37. 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
                38. 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 Tennessee Code 39-17-402
                39. 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
                40. Statute: A law passed by a legislature.
                41. Testify: Answer questions in court.
                42. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                43. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
                44. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                45. Trustee: A person or institution holding and administering property in trust.
                46. Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for the administering to an animal owned by the person or by a member of the person's household. See Tennessee Code 39-17-402
                47. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                48. Venue: The geographical location in which a case is tried.
                49. 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 Tennessee Code 39-17-402
                50. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                51. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                52. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105