Tennessee Heroin, Opioids, and Opiates Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024

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Possessing or selling illegal drugs in Tennessee can lead to severe criminal penalties and jail time. The applicable penalties vary based on the type of drug involved in the offense, where the offense occurred, and other factors.

Opiates and opioids like heroin and fentanyl have a high potential for abuse and dependence. Tennessee law classifies most opiates and opioids as Schedule I and II drugs. The unlawful possession, sale, or distribution of opiates and opioids are serious offenses in Tennessee.

The Tennessee Commissioner of Health and the state's Commissioner of Mental Health and Substance Abuse Services determine the classification of each controlled substance. Together, they classify each drug into one of seven schedules. These schedules are as follows:

  • Schedule I drugs are those that have a high potential for abuse and no accepted medical uses in the United States. Examples include heroin, fentanyl derivatives, LSD, and MDMA. (§§ 39-17-405 and 406)
  • Schedule II drugs also have a high potential for abuse. In addition, they can lead to severe physical or psychological dependence. However, Schedule II drugs have some accepted medical uses in the United States. Examples include methamphetamine, fentanyl, and cocaine. (§§ 39-17-407 and 408)
  • Schedule III drugs have a lower potential for abuse than Schedule I and II drugs, and they may lead to moderate or low dependence. They also have accepted medical uses in the United States. Examples include ketamine and anabolic steroids. (§§ 39-17-409 and 410)
  • Schedule IV controlled substances have a low potential for abuse and dependence relative to Schedule III drugs. Examples include clonazepam and diazepam. (§§ 39-17-411 and 412)
  • Schedule V drugs have a low potential for abuse and dependence relative to Schedule IV drugs. Examples include narcotic drugs that contain non-narcotic active medicinal ingredients. (§§ 39-17-413 and 414)
  • Schedule VI controlled substances are the types of drugs that the commissioners believe do not warrant inclusion in Schedules I through V. Examples include marijuana, tetrahydrocannabinols, and synthetic equivalents of the substances contained in the cannabis plant. (§ 39-17-415)
  • Schedule VII drugs are those that do not belong in Schedules I through VI. The only drug classified in Schedule VII is Butyl nitrite and any isomer of it. (§ 39-17-416)

The table below contains information about Tennessee's laws and criminal penalties regarding opioids and opiates, including heroin and fentanyl. For more information, read FindLaw's Drug Charges section.

Tennessee Heroin, Opiates, and Opioids Laws Code Sections

Tennessee Code

Tennessee Heroin, Opiates, and Opioids Criminal Offenses

Per § 39-17-417(a), a person who engages in the following violates Tennessee law:

  • Knowingly manufacturing a controlled substance (e.g., heroin, opioids, or opiates)
  • Delivering a controlled substance
  • Selling a controlled substance
  • Possessing a controlled substance with intent to manufacture, deliver, or sell it

Tennessee Heroin, Opiates, and Opioids Criminal Penalties

Class A Felonies

Manufacturing, delivering, possessing with intent, or selling any of the following is a Class A felony:

  • 150 or more grams of any substance containing heroin
  • 150 or more grams of any substance containing morphine
  • 50 or more grams of any substance containing hydromorphone
  • 150 or more grams of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48)
  • 2000 or more grams of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions § 39-17-417(i)(1)-(12)

Penalties include between 15 to 60 years of imprisonment and a fine of up to $500,000.

Class B Felonies

Manufacturing, delivering, possessing with intent, or selling any of the following substances is a Class B felony:

  • A Schedule I drug (e.g., heroin)
  • Fentanyl exceeding 0.5 grams
  • Possessing less than 0.5 grams while also possessing a deadly weapon during the offense or causing the death or bodily injury of a person

Penalties include between eight to 30 years of imprisonment and a fine of up to $100,000.

Manufacturing, delivering, possessing with intent, or selling any of the following amounts of a controlled substance is a Class B felony:

  • 15 or more grams of any substance containing heroin
  • 15 or more grams of any substance containing morphine
  • Five or more grams of any substance containing hydromorphone
  • 15 or more grams of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48)
  • 200 or more grams of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions § 39-17-417(i)(1)-(12)

Penalties include up to 30 years of imprisonment and a fine of up to $200,000.

Class C Felonies

Manufacturing, delivering, possessing with intent, or selling less than 0.5 grams of fentanyl is a Class C felony punishable by:

  • Between three to 15 years of imprisonment
  • A fine of up to $100,000

Class D Felonies

Manufacturing, delivering, possessing with intent, or selling a Schedule III or IV controlled substance is a Class D felony, punishable by:

  • Between two to 12 years of imprisonment
  • A fine of up to $50,000

Class E Felonies

Manufacturing, delivering, possessing with intent, or selling a Schedule V controlled substance: Class E felony

  • Between one to six years of imprisonment
  • A fine of up to $5,000

A person who knowingly possesses or engages in the casual exchange of a Schedule I controlled substance classified as heroin (unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice) with two or more prior convictions for drug offenses is guilty of a Class E felony offense.

Selling, delivering, distributing, or manufacturing a substance that a person represents to be and closely resembles a Schedule I, II, III, or IV controlled substance is a Class E felony.

Delivering, possessing with the intent to deliver, or manufacturing with the intent to deliver drug paraphernalia knowing that someone will use it 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).

Class A misdemeanor

Using (or possessing with the 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 a controlled substance (or controlled substance analogue) into the human body.

The penalty for a Class A misdemeanor conviction is up to 11 months and 29 days of imprisonment and a fine of up to $2,500.

If a person delivers or intends to deliver a controlled substance to someone who is younger than 18 years old is punished one classification higher than usual:

Manufacturing, delivering, possessing with intent, or selling heroin, opiates, or opioids on school grounds or within 500 feet of or within the area bounded by a divided federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park may be punishable by one classification higher than the violation imposes. They may face additional fines and a mandatory minimum prison sentence.

Note: Tennessee state drug laws change often. Contact a Tennessee drug crime attorney to confirm current state laws.

Tennessee Heroin Laws: Related Resources

Browse the links below for more information about Tennessee's state laws regarding drug crimes:

For more information about other states' drug laws, visit FindLaw's State Codes section. If you or someone you know has a drug or substance abuse problem, contact Tennessee's Department of Mental Health and Substance Abuse Services for resources.

Dealing With Heroin, Opioid, or Opiate Charges in Tennessee? An Attorney Can Help

If Tennessee law enforcement has brought drug possession charges against you, contact a drug crime attorney. An experienced criminal defense attorney can provide specific legal advice for charges ranging from simple possession to felony charges. They'll examine your case, explain your options, and ensure your rights are protected throughout a criminal prosecution.

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