Tennessee Heroin, Opioids, and Opiates Laws

Tennessee Code

• TN Code Section 39-17-401(Tennessee Drug Control Act of 1989)
• TN Code Section 39-17-406 (substances in schedule i)
• TN Code Section 39-17-408 (substances in schedule ii)
• TN Code Section 39-17-417 (criminal offenses)
• TN Code Section 40-35-111 (Tennessee Criminal Sentencing Reform Act of 1989)

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

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:

• Someone convicted of manufacturing, delivering, possessing with intent, or selling less than 0.5 grams of fentanyl to a 16-year-old faces a Class B felony instead of a Class C felony

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.