Tennessee § 53-11-401 - Miscellaneous offenses — Penalties.

§ 53-11-401. Miscellaneous offenses — Penalties.

It is unlawful for any person: Who is subject to part 3 of this chapter, to distribute or dispense a controlled substance in violation of § 53-11-308 or to distribute or dispense any controlled substance for any purposes other than those authorized by and consistent with the person's professional or occupational licensure or registration law, or to distribute or dispense any controlled substance in a manner prohibited by the person's professional or occupational licensure or registration law; Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration, or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or other authorized person; To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under part 3 of this chapter and this part, or title 39, chapter 17, part 4, except sanctions against a health care provider for the provider's failure to make a report required by § 53-11-309(a) shall be limited only to cases involving a pattern of willful failure to make such reports and, in those instances, the health care provider shall only be subject to a civil penalty assessed by the provider's licensing board; To refuse an entry into any premises for any inspection authorized by part 3 of this chapter and this part, or title 39, chapter 17, part 4; or Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place that is resorted to by persons using controlled substances in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, for the purpose of using these substances, or that is used for keeping or selling them in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4. A violation of this section is a Class D felony; provided, however, a healthcare provider who fails to make a report required by § 53-11-309 shall not be guilty of a felony and shall be punishable only by the sanctions set forth in subdivision (a)(3); and provided, further, that a person who fails to comply with § 53-11-308(h) is not guilty of a felony and shall be punishable only by a civil penalty assessed by the provider's licensing board and only in cases involving a pattern of willful failure to comply. Notwithstanding § 40-35-111, regarding the authorized fine for a Class D felony, the authorized fine for a violation of this section shall be as follows: For a violation involving a Schedule I or II controlled substance $ 100,000 For a violation involving a Schedule III or IV controlled substance 50,000 For a violation involving a Schedule V or VI controlled substance 5,000 For a violation involving a Schedule VII controlled substance 1,000 For any other violation of this section not involving a scheduled controlled substance 20,000 Nothing contained in this section shall preclude a prosecution under the general drug laws. Acts 1971, ch. 163, § 28; 1976, ch. 579, § 1; T.C.A., § 52-1435; Acts 1990, ch. 980, § 13; 2010, ch. 663, §§ 2, 3; 2018, ch. 901, § 2. Compiler's Notes. Section 39-17-401 provides that title 39, ch. 17, part 4 and title 53, ch.11, parts 3 and 4 shall be known and may be cited as the “Tennessee Drug Control Act of 1989.” Some of the sections in this part refer to sections within the scope of title 39, chs. 1-6. Acts 1989, ch. 591 repealed title 39, chs. 1-6 effective November 1, 1989. See the notes under the repealed sections for information concerning the location of new material. Amendments. The 2010 amendment added “, except sanctions against a health care provider for the provider's failure to make a report required by § 53-11-309(a) shall be limited only to cases involving a pattern of willful failure to make such reports and, in those instances, the health care provider shall only be subject to a civil penalty assessed by the provider's licensing board” to the end of (a)(3); and added the proviso to the end of (b)(1). The 2018 amendment added the second proviso in (b)(1). Effective Dates. Acts 2010, ch. 663, § 4. March 30, 2010. Acts 2018, ch. 901, § 3. July 1, 2018. Cross-References. Definition of terms used in this part, § 39-17-402 . Drugs, criminal offenses, title 39, ch. 17, part 4. Penalty for Class D felony, § 40-35-111 . Smoking offenses concerning children, §§ 39-15-407 — 39-15-413 . Use of drug law confiscations and fines to promote DARE programs or other drug abuse prevention programs, § 39-17-420 . Law Reviews. Drug Treatment Courts and Emergent Experimentalist Government, 53 Vand. L. Rev. 831 (2000). Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987). Attorney General Opinions. The effect of the filing of a federal bankruptcy petition upon the commencement or continuation of confiscation proceedings against the individual filing for bankruptcy, OAG 91-62 (7/3/91). Cited: Stuart v. State Department of Safety, 963 S.W.2d 28, 1998 Tenn. LEXIS 96 (Tenn. 1998); State v. Dominy, 6 S.W.3d 472, 1999 Tenn. LEXIS 571 (Tenn. 1999); State v. Robinson, 139 S.W.3d 661, 2004 Tenn. Crim. App. LEXIS 82 (Tenn. Crim. App. 2004); State v. Headley, — S.W.3d —, 2009 Tenn. Crim. App. LEXIS 817 (Tenn. Crim. App. Sept. 29, 2009); State v. Seals, — S.W.3d —, 2010 Tenn. Crim. App. LEXIS 709 (Tenn. Crim. App. Aug. 27, 2010).