reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 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 small amount of a controlled substance or substances that the controlled substance or substances so exchanged were possessed not with the purpose of selling or otherwise dispensing in violation of §
39-17-417(a)
. The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-421 - Substitution of drugs in filling prescriptions prohibited

(a)
Except as provided in title 53, chapter 10, part 2, it shall be unlawful for any pharmacist, or any pharmacy technician or pharmacy intern under the supervision of a pharmacist who dispenses prescriptions, drugs, and medicines, to substitute any drug or device different from the one ordered, or deviate in any manner from the requirements of an order or prescription, without the approval of the prescriber, as defined in §
63-10-204
.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 2005, ch. 434, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-422 - Inhaling, selling, giving or possessing glue, paint, gasoline, aerosol, gases for unlawful purposes

(a)
No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell or inhale the fumes from any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes, or to the use of nitrous oxide to implement the distribution of beverages or other foodstuffs for commercial purposes.
(b)
No person shall, for the purpose of violating subsection (a), use, or possess for the purpose of so using, any glue containing a solvent having the property of releasing toxic vapors or fumes.
(c)
No person shall sell, or offer to sell, or deliver or give away, to any person any tube or other container of glue, paint, gasoline, aerosol, chlorofluorocarbon gas or any other substance containing a solvent having the property of releasing toxic vapors or fumes, if the person has reasonable cause to suspect that the product sold or offered for sale, or delivered or given away, will be used for the purpose set forth in subsection (a).
(d)
As used in this section, "glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes" means and includes any glue, cement, paint, gasoline, aerosol, or any other substance of whatever kind containing one (1) or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluene or any group of polyhalogenated hydrocarbons containing fluorine and chlorine.
(e)
Nothing contained in this section shall be considered applicable to the sale of a hobby or model kit containing as a part of the kit a tube or other container of glue, nor shall this section be considered applicable to the sale of a tube or other container of glue immediately in conjunction with the sale of a hobby or model kit requiring the use of approximately the quantity of glue for the assembly of a model. Nothing contained in this section shall be applicable to the transfer of a tube or other container of glue from a parent to the parent's own child, or from a guardian to the guardian's own ward.
(f)
(1)
A violation of subsection (a), (b) or (d) is a Class A misdemeanor.
(2)
A violation of subsection (c) is a Class E felony.
Acts 1989, ch. 591, § 1; 1997, ch. 154, §§ 1, 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-423 - Counterfeit controlled substances

(a)
It is an offense for a person to:
(1)
Sell;
(2)
Deliver; or
(3)
Distribute a substance that is represented to be a controlled substance and which is substantially similar in color, shape, size, and markings or lack thereof, to a Schedule I, II, III or IV controlled substance as classified in §§
39-17-406
- 39-17-412, in order that the substance may be sold as a controlled substance.
(b)
It is an offense for a person to manufacture for sale or exchange any substance with the intent that the substance substantially imitate in color, shape, size, and markings or lack of markings, the physical appearance of a Schedule I, II, III or IV controlled substance, as classified in §§
39-17-406
- 39-17-412, in order that the substance may be sold as a controlled substance.
(c)
A violation of subsection (a) or (b) is a Class E felony.
(d)
It is an offense for a person to be the recipient of a sale or exchange of a substance set forth in this section. A violation of this subsection (d) is a Class A misdemeanor. In addition to the penalties set forth in this section, the court may impose a mandatory drug rehabilitation program.
(e)
This section shall not apply to:
(1)
Any person who manufactures or sells a substance for use as a placebo by a licensed physician, dentist, pharmacist or registered nurse acting under the direction of a physician, dentist, or pharmacist;
(2)
A licensed physician, dentist, pharmacist or registered nurse who sells, dispenses, administers or otherwise distributes a placebo to a patient of the physician or dentist for purposes of the medical care or treatment of the patient;
(3)
A noncontrolled substance that was introduced into commerce prior to the introduction into commerce of the controlled substance that it is alleged to imitate;
(4)
A substance that may be legally purchased at a drug or grocery store without a prescription; provided, that the substance is not represented by the seller to be a controlled substance; and
(5)
A substance that is packaged and labeled in accordance with appropriate rules and regulations of the United States food and drug administration shall create a rebuttable presumption that the manufacturer or wholesaler of the substance is exempted from this section.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-424 - Determination whether object is drug paraphernalia

In determining whether a particular object is drug paraphernalia as defined by §
39-17-402
, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:
(1)
Statements by the owner or anyone in control of the object concerning its use;
(2)
Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues;
(3)
The existence of any residue of controlled substances or controlled substance analogues on the object;
(4)
Instructions, oral or written, provided with the object concerning its use;
(5)
Descriptive materials accompanying the object that explain or depict its use;
(6)
The manner in which the object is displayed for sale;
(7)
The existence and scope of legitimate uses for the object in the community; and
(8)
Expert testimony concerning its use.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 18.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-425 - Unlawful drug paraphernalia uses and activities

(a)
(1)
Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
(2)
Any person who violates this subsection (a) commits a Class A misdemeanor.
(b)
(1)
Except when delivered, possessed with the intent to deliver, or manufactured with the intent to deliver by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
(2)
Any person who violates subdivision (b)(1) commits a Class E felony.
(3)
Except when delivered by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, any person eighteen (18) years of age or over who violates this subsection (b) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person commits a Class E felony.
(c)
(1)
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(2)
Any person who violates subdivision (c)(1) commits a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 19.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-426 - Delivery, sale or possession of jimsonweed

(a)
It is an offense for a person to deliver, sell or possess the seed of the
gentiana lutea
plant, also known as jimsonweed, on the premises or grounds of any school, grades kindergarten through twelve (K-12).
(b)
A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-427 - Exception

It is an exception to this part if:
(1)
The person lawfully possessed the controlled substance as otherwise authorized by this part and title 53, chapter 11, parts 3 and 4; or
(2)
The only cannabis with a delta-9 tetrahydrocannabinol (THC) concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate, as defined in §
43-27-101
, and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a delta-9 THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subdivision (2) maintained proof of a grower's license from the department of agriculture in the transport vehicle.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-429 - Accountability for disposition of fines and forfeitures

(a)
The sheriff's department shall be accountable to the county legislative body and the municipal law enforcement department shall be accountable to the municipal legislative body for the proper disposition of the proceeds of goods seized and forfeited under §
53-11-451
, and for the fines imposed by §
39-17-428
.
(b)
An annual audited report of the funds shall be submitted by the sheriff or the proper official of the municipal law enforcement department to the respective local legislative body. In those years when the office of the comptroller of the treasury conducts an audit, if any, the audit shall satisfy this requirement. If no audit is conducted by the office of the comptroller of the treasury, then an audit shall be performed by a certified public accountant to satisfy this requirement.
Acts 1990, ch. 1036, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-430 - Anabolic steroids - Prohibited activities

(a)
It is unlawful for a practitioner to prescribe, order, distribute, supply or sell an anabolic steroid for:
(1)
Enhancing performance in an exercise, sport or game without medical necessity; or
(2)
Hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity.
(b)
(1)
It is unlawful for any person who is not a practitioner or lawful manufacturer of anabolic steroids to:
(A)
Knowingly or intentionally manufacture or deliver an anabolic steroid, pure or adulterated; or
(B)
Possess, with intent to manufacture or deliver, an anabolic steroid.
(2)
As used in this subsection (b), "practitioner" means a physician, dentist or veterinarian.
(c)
A person who knowingly violates this section shall be punished as provided in §
39-17-417(d)
for a violation of a Schedule III controlled substance.
Acts 1989, ch. 591, § 1; 1990, ch. 1044, § 1; T.C.A., §
39-17-416(c), (d)
; Acts 1992, ch. 700, §§ 1, 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-434 - Manufacture, delivery, sale or possession of methamphetamines

(a)
It is an offense for a defendant to knowingly:
(1)
Manufacture methamphetamine;
(2)
Deliver methamphetamine;
(3)
Sell methamphetamine; or
(4)
Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine.
(b)
It is an offense for a person to knowingly possess or casually exchange methamphetamine.
(c)
If the violation is for methamphetamine, the defendant shall be charged, indicted, prosecuted and convicted under this section rather than §§
39-17-417
or
39-17-418
.
(d)
Any reference in Tennessee Code Annotated that provides a penalty, forfeiture, punishment, fine, disability or other adverse effect for a violation of §§
39-17-417
or
39-17-418
, shall be considered to apply to a conviction under this section if the violation involves methamphetamine.
(e)
(1)
A violation of subsection (a) shall be punished as provided in §
39-17-417
.
(2)
A violation of subsection (b) shall be punished as provided in §
39-17-418
.
Added by 2014 Tenn. Acts, ch. 904,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-435 - Initiation of a process intended to result in the manufacture of methamphetamine

(a)
It is an offense for a person to knowingly initiate a process intended to result in the manufacture of any amount of methamphetamine.
(b)
It shall not be a defense to a violation of this section that the chemical reaction is not complete, that no methamphetamine was actually created, or that the process would not actually create methamphetamine if completed.
(c)
For purposes of this section, "initiates" means to begin the extraction of an immediate methamphetamine precursor from a commercial product, to begin the active modification of a commercial product for use in methamphetamine creation, or to heat or combine any substance or substances that can be used in methamphetamine creation.
(d)
Expert testimony of a qualified law enforcement officer shall be admissible for the proposition that a particular process can be used to manufacture methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels.
(e)
A person may not be prosecuted for a violation of this section and of manufacturing a controlled substance in violation of §
39-17-417
based upon the same set of facts.
(f)
A violation of this section is a Class B felony.
Acts 2005, ch. 18, § 10.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-437 - Falsification of the results of a drug test - Synthetic urine prohibited

(a)
(1)
It is an offense for a person to intentionally use, or possess with the intent to use, any substance or device designed to falsify the results of a drug test of that person.
(2)
Except as provided in subdivision (a)(3), it is an offense for a person to sell synthetic urine.
(3)
It is not an offense for a person to sell synthetic urine to an individual for bona fide educational, medical or scientific purposes. Any person selling synthetic urine for such purposes shall maintain documentation as to the educational, medical or scientific purpose for each individual sale of such urine for a period not less than five (5) years.
(b)
As used in this section:
(1)
"Drug test" means a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue; and
(2)
"Synthetic urine" means any product or substance which is designed to falsify the results of a drug test for a human being.
(c)
(1)
A violation of subdivision (a)(1) is a Class A misdemeanor.
(2)
A violation of subdivision (a)(2) is a Class C misdemeanor.
Acts 2005, ch. 18, § 14; 2010, ch. 873, § 1; 2012, ch. 848, § 20.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-439 - Alcohol and drug addiction treatment fee

(a)
In addition to all other fines, fees, costs and punishments now prescribed by law, an alcohol and drug addiction treatment fee of one hundred dollars ($100) shall be assessed for each conviction for a violation under this part.
(b)
All proceeds collected pursuant to subsection (a) shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the alcohol and drug addiction treatment fund administered by the department.
(c)
(1)
All state funding to implement §
40-35-303(d)(11)
shall be paid only from the alcohol and drug addiction treatment fund.
(2)
Funds expended pursuant to §
40-35-303(d)(11)
shall not exceed the funds generated by this section, and, if necessary, treatment offered pursuant to §
40-35-303(d)(11)
shall not be available if the treatment would result in expenditures in excess of the amount so generated.
Acts 2007, ch. 311, § 2; 2009, ch. 186, § 4; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-452 - Synthetic derivatives or analogues of methcathinone

(a)
(1)
Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
(A)
Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;
(B)
Substitution at the 3-position with an alkyl substituent; or
(C)
Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(2)
Compounds recognized under subdivision (a)(1) include, but are not limited to:
(A)
4-Methoxymethcathinone (Methedrone);
(B)
3-Methoxymethcathinone (HMMC);
(C)
4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP);
(D)
4-Ethylmethcathinone (4-EMC);
(E)
3,4-Dimethylmethcathinone (3,4-DMMC);
(F)
[beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone);
(G)
3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
(H)
Mitragynine and hydroxymitragynine;
(I)
Desoxypipradol;
(J)
URB 754; and
(K)
URB602.
(3)
(A)
It is an offense for a person to knowingly:
(i)
Sell, or offer for sale, Kratom unless labeled and in its natural form;
(ii)
Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or
(iii)
Purchase or possess Kratom if under the age of twenty-one (21) years.
(B)
For purposes of this subdivision (a)(3):
(i)
"Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and
(ii)
"Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(b)
Subsection (a) shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the federal food and drug administration.
(c)
A violation of subsection (a) is a Class A misdemeanor.
Amended by 2018 Tenn. Acts, ch. 1040,s 10, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302,s 7, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 161,s 5, eff. 7/1/2013.
Acts 2011, ch. 169, § 1; 2012, ch. 838, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-455 - Manufacture of marijuana concentrate by process which includes use of inherently hazardous substance - Use of premises

(a)
As used in this section:
(1)
"Inherently hazardous substance" means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius (38° C) or one hundred degrees Fahrenheit (100° F), including butane, propane, and diethyl ether; and
(2)
"Inherently hazardous substance" does not include all forms of alcohol and ethanol.
(b)
It is an offense for a person to knowingly manufacture marijuana concentrate by a process which includes use of an inherently hazardous substance.
(c)
It is an offense for any person who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises by a process which includes use of an inherently hazardous substance.
(d)
(1)
A violation of subsection (b) is a Class E felony.
(2)
A violation of subsection (c) is a Class A misdemeanor.
Added by 2016 Tenn. Acts, ch. 1014,s 1, eff. 7/1/2016.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 4 - DRUGS (§§ 39-17-401 — 39-17-456) › Section 39-17-456 - Prohibitions against the possession, manufacture, or sale of xylazine

(a)
It is an offense to knowingly possess xylazine.
(b)
It is an offense to knowingly manufacture, deliver, or sell xylazine.
(c)
It is an offense to knowingly possess xylazine with intent to manufacture, deliver, or sell xylazine.
(d)
Notwithstanding subsections (a) - (c):
(1)
It is not an offense to possess, manufacture, deliver, or sell xylazine in the course of legitimate veterinary practice; and
(2)
It is not an offense to possess xylazine pursuant to a valid prescription from a licensed veterinarian;
(e)
As used in this section, "xylazine" means xylazine and any salt, sulfate, isomer, homologue, analog, or other preparation of xylazine, and any salt, sulfate, isomer, compound, derivative, precursor, homologue, analog, or other preparation thereof that is substantially chemically equivalent or identical to xylazine.
(f)
A violation of subsection (a) is a Class A misdemeanor; and
(g)
A violation of subsection (b) or (c) is a Class C felony.
Added by 2023 Tenn. Acts, ch. 412, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-502 - Gambling - Defenses

(a)
A person commits an offense who knowingly engages in gambling.
(b)
It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that a person reasonably and in good faith relied upon the representations of a gambling promoter that a gambling activity was lawful because it was an authorized annual event pursuant to title 3, chapter 17. It is not an affirmative defense to prosecution under this section that a person engaged in a gambling activity that was not an authorized type of lottery game pursuant to title 3, chapter 17.
(c)
The offense of gambling is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 2004, ch. 476, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-503 - Gambling promotion

(a)
A person commits an offense who knowingly induces or aids another to engage in gambling, and:
(1)
Intends to derive or derives an economic benefit other than personal winnings from the gambling; or
(2)
Participates in the gambling and has, other than by virtue of skill or luck, a lesser risk of losing or greater chance of winning than one (1) or more of the other participants.
(b)
The offense of gambling promotion is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-504 - Aggravated gambling promotion

(a)
A person commits an offense who knowingly invests in, finances, owns, controls, supervises, manages or participates in a gambling enterprise.
(b)
For purposes of this section, "gambling enterprise" means two (2) or more persons regularly engaged in gambling promotion as defined in §
39-17-503
.
(c)
The offense of aggravated gambling promotion is a Class E felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-506 - Lotteries, chain letters and pyramid clubs

(a)
A person commits an offense who knowingly makes or aids in the making of any lottery. For the purposes of this section, "makes or aids in the making of any lottery" does not include:
(1)
Ownership or possession in this state of a lottery ticket originating from another state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale; provided, however, that nothing in this subdivision (a)(1) shall be construed as preventing the sale of lottery tickets or shares under the authority of the Tennessee Education Lottery Corporation; or the sale of tickets, shares, chances or similar records for an annual event pursuant to title 3, chapter 17, and part 6 of this chapter;
(2)
The Tennessee Education Lottery operated pursuant to title 4, chapter 51, part 1; or
(3)
An annual event operated pursuant to title 3, chapter 17, and part 6 of this chapter.
(b)
For the purposes of this section, "makes or aids in the making of any lottery" includes the organization of, membership in, or solicitation of persons for membership in any chain letter club, pyramid club, or other group organized under any plan whereby anything of value to be given by a member of the club or group is to be given to any other member of the club or group, which plan includes any provision for the increase in membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where the members in turn receive things of value from other members.
(c)
An offense under this section is:
(1)
A Class C misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is fifty dollars ($50.00) or less;
(2)
A Class B misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is more than fifty dollars ($50.00) but less than two hundred fifty dollars ($250);
(3)
A Class A misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is two hundred fifty dollars ($250) or more but less than ten thousand dollars ($10,000); or
(4)
A Class E felony if the amount of money involved in the lottery, chain letter, or pyramid club is ten thousand dollars ($10,000) or more.
Acts 1989, ch. 591, § 1; 1994, ch. 856, § 2; 2003, ch. 297, §§ 6, 7; 2004, ch. 476, §§ 5, 6.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-507 - Customer referral rebates unlawful

(a)
With respect to a consumer sale, consumer credit sale or consumer lease, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee referring or giving to the seller or lessor the names of prospective customers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount, commission or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease.
(b)
If a buyer or lessee is induced by a violation of this section to enter into a consumer sale, consumer credit sale or consumer lease, then the transaction is declared to be a lottery and the agreement is unenforceable by the seller or lessor, and the buyer or lessee, at the buyer's or lessee's option, may rescind the agreement or retain the goods delivered and the benefits of any services performed, without any obligation to pay for them.
(c)
Any person offering to sell or lease goods or services in violation of this section commits a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-508 - Premiums at fairs

It is lawful and not in violation of this part for a person, upon complying with the rules of public fairs, to enter and contend for any and all premiums as may be offered at such fairs.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 5 - GAMBLING (§§ 39-17-501 — 39-17-509) › Section 39-17-509 - Preemption

The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part. No governmental subdivision or agency may enact or enforce a law that regulates or makes any conduct in the area covered by this part an offense, a violation, or the subject of a criminal or civil penalty or sanction of any kind.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-601 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"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;
(B)
Operated for the benefit of a nonprofit organization located in Tennessee;
(C)
Conducted with a single type of lottery game, as defined in §
3-17-102
;
(D)
Conducted on an event date, as defined in §
3-17-102
; and
(E)
Conducted at a location within a county where the organization maintains a physical presence;
(2)
"Corporation" means the Tennessee Education Lottery Corporation or its successor;
(3)
"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;
(4)
"State lottery game" means any game of chance approved and operated pursuant to title 4, chapter 51, part 1, including, but not limited to, instant tickets, online games, and games using mechanical or electronic devices;
(5)
"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; or
(B)
The corporation or an employee or agent of the corporation; and
(6)
"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.
Amended by 2015 Tenn. Acts, ch. 134,s 24, eff. 4/14/2015.
Acts 2003, ch. 297, § 8; 2004, ch. 476, § 7.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-602 - Sales to persons under 18 years of age

(a)
It is an offense for any person, including a state lottery retailer, to sell a state lottery ticket or share to any person under eighteen (18) years of age.
(b)
It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to purchase a state lottery ticket or share from an electronic or mechanical device.
(c)
It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to play any state lottery game.
(d)
It is an offense for a state lottery retailer to redeem a state lottery ticket or share for any person under eighteen (18) years of age.
(e)
A person's first violation of this section is a Class B misdemeanor. A person's second or subsequent violation of this section is a Class A misdemeanor.
(f)
It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the state lottery retailer reasonably and in good faith relied upon a representation of proof of age in making, or allowing, the sale or redemption.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-603 - Delinquent acts

(a)
It is a delinquent act for a person under eighteen (18) years of age to purchase, or attempt to purchase, a state lottery ticket or share.
(b)
It is a delinquent act for a person under eighteen (18) years of age to redeem, or attempt to redeem, a state lottery ticket or share.
(c)
A violation of this section is punishable by a fine not to exceed fifty dollars ($50.00) or, in the discretion of the court, community service work not less than twenty (20) hours nor more than fifty (50) hours.
(d)
This section shall not be construed as prohibiting any person under eighteen (18) years of age from handling or transporting state lottery tickets or shares as a part of and in the course of the person's employment; provided, however, that the person is under the supervision of another employee who is at least twenty-one (21) years of age.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-604 - Illegal sales - Exceptions

(a)
It is an offense for a person, other than a state lottery retailer, to sell a state lottery ticket or share.
(b)
It is an offense for a person to sell a state lottery ticket or share at a price other than face value.
(c)
It is an offense for a state lottery retailer to sell a state lottery ticket or share at a location other than the location listed on the retailer's certificate of authorization.
(d)
A violation of this section is a Class A misdemeanor.
(e)
It is an exception to the application of this section that:
(1)
A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a price other than the price established by the corporation; and
(2)
A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a temporary location.
(f)
This section shall not be construed as preventing the corporation from giving or selling state lottery tickets or shares at any price or at any location.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-605 - Failure to display certificate of authorization

(a)
It is an offense for a state lottery retailer to fail to display a certificate of authorization pursuant to §
4-51-115(d)
at each location where the retailer sells state lottery tickets or shares.
(b)
A violation of this section is a Class C misdemeanor.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-606 - Signage

(a)
Each state lottery retailer shall display, in a prominent place at the location where the retailer sells lottery tickets or shares, a sign, at least seventeen inches (17") high and twenty-two inches (22") wide, stating:
ATTENTION: STATE LAW STRICTLY PROHIBITS THE SALE OF LOTTERY TICKETS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS; PROOF OF AGE MAY BE REQUIRED FOR PURCHASE.
* * *
ATENCION: POR LEY DEL ESTADO DE TENNESSEE ES ESTRICTAMENTE PROHIBIDO VENDER BOLETAS DE LOTERIA A PERSONAS MENORES DE DIECIOCHO AÑOS; PRUEBA DE EDAD PUEDE SER REQUERIDA PARA COMPRARLAS.
(b)
A violation of this section is a Class C misdemeanor.
Acts 2003 , ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-607 - Fraud

(a)
It is an offense for any person to falsely make, alter, forge, pass or counterfeit a state lottery ticket with the intent to defraud.
(b)
It is an offense for any person to knowingly influence, or attempt to influence, the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials.
(c)
(1)
A violation of subsection (a) is a Class D felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
(2)
A violation of subsection (b) is a Class C felony; provided, however, that the maximum fine shall be one hundred thousand dollars ($100,000).
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-608 - False statements in applications or records

(a)
It is an offense for any person to knowingly:
(1)
Make a material false statement in any application to the corporation for a license or proposal to conduct lottery activities; or
(2)
Make a material false entry in any book or record which is compiled for the corporation, maintained for the corporation, or submitted to the corporation.
(b)
A violation of this section is a Class D felony; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000) or the dollar amount of the false entry or statement, whichever is greater.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-609 - Federal exemption

All terminals, tickets, shares, and other devices imported, transported, or distributed under the authority of the Tennessee Education Lottery Corporation are exempt from the provisions of
15 U.S.C. § 1172
.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-610 - Preemption

The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part and the Tennessee Education Lottery Implementation Law, compiled in title 4, chapter 51. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by this part and title 4, chapter 51.
Acts 2003, ch. 297, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-651 - Offense of selling annual event tickets, shares, chances or similar records for period longer than authorized

(a)
It is an offense for any person to knowingly sell annual event tickets, shares, chances or similar records for a period longer than the period authorized pursuant to §
3-17-103(d)(3)
.
(b)
A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be one thousand dollars ($1,000) per day in excess of the authorized period.
Acts 2004, ch. 476, § 9.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-652 - Offense of conducting more than one annual event

(a)
It is an offense for any person to knowingly conduct more than one (1) annual event for the benefit of the same nonprofit organization within the twelve-month period beginning July 1 following the application deadline and ending the next June 30.
(b)
A violation of this section is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000) per event in excess of the authorized annual event.
Amended by 2015 Tenn. Acts, ch. 134,s 25, eff. 4/14/2015.
Acts 2004, ch. 476, § 9.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-653 - Offense of conducting annual event at an unauthorized location or on unauthorized date

(a)
It is an offense for any person to knowingly conduct an annual event at a location other than the location, or locations, listed in a nonprofit organization's annual event application pursuant to §
3-17-104(e)(4)
.
(b)
It is an offense for any person to knowingly conduct an annual event on a date not authorized pursuant to title 3, chapter 17.
(c)
A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be ten thousand dollars ($10,000).
Amended by 2015 Tenn. Acts, ch. 134,s 26, eff. 4/14/2015.
Acts 2004, ch. 476, § 9.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-654 - Offense of engaging in gambling promotion under the pretense of conducting an annual event - Offense of managing, conducting or operating an annual event

(a)
(1)
It is an offense for any person to knowingly engage in gambling promotion under the pretense of conducting an annual event.
(2)
A violation of this subsection (a) is a Class E felony; provided, however, that the maximum fine shall be the greater of:
(A)
Fifty thousand dollars ($50,000); or
(B)
The amount of gross proceeds derived from the gambling activity.
(b)
(1)
It is an offense for any person authorized to conduct an annual event to knowingly employ, contract with, or otherwise utilize the services of any person, management company or consultant to manage, conduct or operate an annual event.
(2)
A violation of this subsection (b) is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
(c)
(1)
It is an offense for any person not authorized pursuant to title 3, chapter 17, to knowingly manage, conduct or operate an annual event for a nonprofit organization.
(2)
A violation of this subsection (c) is a Class D felony; provided, however, that the maximum fine shall be the greater of:
(A)
Fifty thousand dollars ($50,000); or
(B)
The amount of the consideration obtained for the management, conducting or operation of the annual event.
Amended by 2015 Tenn. Acts, ch. 134,s 27, eff. 4/14/2015.
Acts 2004, ch. 476, § 9.