Tennessee § 53-11-402 - Fraud — Penalties.

§ 53-11-402. Fraud — Penalties.

It is unlawful for any person knowingly or intentionally to: Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 53-11-307; Use in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended or issued to another person; Acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Any person who violates this subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center; Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under part 3 of this chapter and this part, or title 39, chapter 17, part 4, or any record required to be kept by part 3 of this chapter and this part, or title 39, chapter 17, part 4; Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of the trademark, trade name, or other identifying mark, imprint or device of another upon any drug or container or labeling of any drug or container so as to render the drug a counterfeit substance; or Notwithstanding § 71-5-2601, deceive or fail to disclose to a physician, nurse practitioner, ancillary staff or other health care provider from whom the person obtains a controlled substance or a prescription for a controlled substance that the person has received either the same controlled substance or a prescription for the same controlled substance or a controlled substance of similar therapeutic use or a prescription for a controlled substance of similar therapeutic use from another practitioner within the previous thirty (30) days. A violation of this section is a Class D felony, except that a violation of subdivision (a)(6) is a Class A misdemeanor and any violation of subdivision (a)(6) involving more than two hundred fifty (250) units of a controlled substance is a Class E felony. For purposes of this subdivision (b)(1), a “unit” means an amount of a controlled substance in any form that would equate to the initial single individual dosage recommended by the manufacturer of the controlled substance. 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. Any person who violates subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center. Acts 1971, ch. 163, § 29; 1972, ch. 597, §§ 5-7; T.C.A., § 52-1436; Acts 1990, ch. 980, § 14; 2009, ch. 67, §§ 2, 3; 2012, ch. 880, § 23; 2016, ch. 1002, § 13. Compiler's Notes. The controlled substances schedules, referred to in this section, appear in title 39, ch. 17, part 4. Acts 2012, ch. 880, § 25, provided that the act, which amended subdivision (b)(1) effective from January 1, 2013, until July 1, 2016, shall be interpreted to be consistent with all state and federal laws addressing privacy of patient records. Acts 2016, ch. 1002, § 13, deleted the provisions of Acts 2012, ch. 880, § 29 that provided for the expiration of the amendments by Acts 2012, ch. 880, § 23. Therefore, the amendments by ch. 880, § 23 remain in effect. Amendments. The 2009 amendment added (a)(6); and added “, except that a violation of subdivision (a)(6) is a Class A misdemeanor” to the end of (b)(1). The 2012 amendment by ch. 880, as amended by Acts 2016, ch. 1002, in (b)(1), added “and any violation of subdivision (a)(6) involving more than two hundred fifty (250) units of a controlled substance is a Class E felony” to the end of the first sentence, and added the second sentence. Effective Dates. Acts 2009, ch. 67, § 4. July 1, 2009. Acts 2012, ch. 880, § 29. January 1, 2013; provided, that, for purposes of promulgating rules and regulations, including emergency rulemaking, the act shall take effect May 9, 2012; and provided further, that the provisions of the act shall expire and be of no force and effect after June 30, 2016, and on July 1, 2016, the existing provisions of title 53, chapter 10, part 3, shall be revived and reenacted as they were codified on March 1, 2012. Acts 2016, ch. 1002, § 17. April 27, 2016. Cross-References. Penalty for Class A misdemeanor and Class D felony, § 40-35-111 . Law Reviews. Criminal Law in Tennessee in 1976-1977 — A Critical Survey, II. Offenses (Joseph G. Cook), 45 Tenn. L. Rev. 3. Cited: McLean v. State, 527 S.W.2d 76, 1975 Tenn. LEXIS 635 (Tenn. 1975); State v. Cummings, 868 S.W.2d 661, 1992 Tenn. Crim. App. LEXIS 310 (Tenn. Crim. App. 1992); State v. Vermillion, — S.W.3d —, 2007 Tenn. Crim. App. LEXIS 629 (Tenn. Crim. App. Aug. 10, 2007); State v. Stinnett, — S.W.3d —, 2008 Tenn. Crim. App. LEXIS 570 (Tenn. Crim. App. July 2, 2008); Ealey v. State, — S.W.3d —, 2008 Tenn. Crim. App. LEXIS 819 (Tenn. Crim. App. Oct. 14, 2008); State v. Nichols, — S.W.3d —, 2009 Tenn. Crim. App. LEXIS 333 (Tenn. Crim. App. May 8, 2009).