Tennessee § 39-17-401 - Tennessee Drug Control Act.

§ 39-17-401. Tennessee Drug Control Act.

This part and title 53, chapter 11, parts 3 and 4 shall be known and may be cited as the “Tennessee Drug Control Act of 1989.” Except as otherwise expressly permitted by state law, the state preempts the entire field of determining the appropriate sanction for conduct involving a drug or other substance that is classified by this part or title 53, chapter 11, as a Class A or B misdemeanor or a Class A, B, C, D, or E felony. No county, city, town, municipality, or metropolitan form of government has the authority by ordinance, resolution, regulation, or other local law to enact or adopt a sanction for conduct involving a drug or other substance if the sanction for that conduct is established by this part or title 53, chapter 11, as a criminal offense other than a Class C misdemeanor. Any ordinance, resolution, regulation, or other local law enacted or adopted prior to April 12, 2017, regulating drugs and other substances that is inconsistent with this part and title 53, chapter 11, is superseded and repealed. Any policy, guideline, or practice of any agency, department, or employee of a county, city, town, municipality, or metropolitan form of government that regulates or permits the enforcement of conduct covered by this subsection (b) in a manner inconsistent with state law is void. Acts 1989, ch. 591, § 1; 2017, ch. 124, § 1. Cross-References. Confiscation of property due to illegal drug-related activities, title 53, ch. 11, part 2. Controlled substance monitoring, title 53, ch. 10, part 3. Disposition of proceeds, § 53-11-204 . Drug crimes, fines and forfeitures, § 39-17-420 . Enforcement powers of department of safety, § 65-15-106 . Goods subject to forfeiture, § 53-11-451 . Lodging establishments, conduct of guests, title 68, ch. 14, part 6. Real property subject to forfeiture, § 53-11-452 . School drug testing, student assistance program; counseling, § 49-6-4213 . Penalty for Class C misdemeanor, § 40-35-111 . Law Reviews. Dignity, and Danger: Human Dignity as a Constitutional Constraint to Limit Overcriminalization, 80 Tenn. L. Rev. 291 (2013). Drug Treatment Courts and Emergent Experimentalist Government, 53 Vand. L. Rev. 831 (2000). Forfeitures Under the Tennessee Drug Control Act (Lewis L. Laska), 16 Mem. St. U.L. Rev. 431 (1986). Joint Authority? The Case For State-Based Marijuana Regulation, 8 Tenn. J. L. & Pol'y 44 (2012). On the Limits of Supremacy: Medical Marijuana and the States' Overlooked Power to Legalize Federal Crime, 62 Vand. L. Rev. 1421 (2009). States Are Making Their Own Decisions Regarding Whether Marijuana Should Be Illegal: How Should The Federal Government React?, 9 Tenn. J. L. & Pol'y 233 (2013). The Need For Prescription Drug Buy-Back Programs, 6 Tenn. J. L. & Pol'y 103 (2010). Urine Trouble! Extending Constitutionality to Mandatory Suspicionless Drug Testing of Students in Extracurricular Activities, 53 Vand. L. Rev. 387 (2000). Attorney General Opinions. Fines imposed for simple possession under the Tennessee Drug Control Act of 1989, OAG 91-82 (9/4/91).