Tennessee § 39-17-408 - Controlled substances in Schedule II.

§ 39-17-408. Controlled substances in Schedule II.

Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. Substances, vegetable origin or chemical synthesis, unless specifically excepted or unless listed in another schedule, means any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding apomorphine, dextrorphan, thebaine-derived butorphanol, nalmefene, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following: Codeine; Dihydroetorphine; Ethylmorphine; Etorphine hydrochloride; Granulated opium; Hydrocodone; Hydromorphone; Metopon; Morphine; Opium extracts; Opium fluid; Oripavine; Oxycodone; Oxymorphone; Powdered opium; Raw opium; Thebaine; or Tincture of opium; Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1), except that these substances shall not include the isoquinoline alkaloids of opium; Opium poppy and poppy straw; Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy). Opiates, unless specifically excepted or unless in another schedule, means any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: Alfentanil; Alphaprodine; Anileridine; Bezitramide; Carfentanil; Dextropropoxyphene (bulk, non-dosage forms); Dihydrocodeine; Diphenoxylate; Fentanyl; lsomethadone; Levo-alphacetylmethadol Other names: levo-alpha-acetylmethadol; levomethadyl acetate; LAAM; Levomethorphan; Levorphanol; Metazocine; Methadone; Methadone-Intermediate; 4-cyano-2-dimethylamino-4,4-diphenyl butane; Moramide-lntermediate; diphenylpropane-carboxylic acid; 2-methyl-3-morpholino-1,1-Pethidine (meperidine); Pethidine (meperidine); Pethidine-Intermediate-A; 4-cyano-1-methyl-4-phenylpiperidine; Pethidine-Intermediate-B; ethyl-4-phenylpiperidine-4-carboxylate; Pethidine-Intermediate-C; 1-methyl-4-phenylpiperidine-4-carboxylic acid; Phenazocine; Piminodine; Racemethorphan; Racemorphan; Remifentanil; Sufentanil; Tapentadol; or Thiafentanil. Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system: Amphetamine, its salts, optical isomers, and salts of its optical isomers; Methamphetamine, its salts, isomers, and salts of its isomers; Phenmetrazine and its salts; Methylphenidate; or Lisdexamfetamine, its salts, isomers, and salts of its isomers. Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: Amobarbital; Glutethimide; Pentobarbital; Phencyclidine; or Secobarbital. Hallucinogenic substances: Nabilone Other names: (1)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one; or Dronabinol in oral solution in drug product approved for marketing by United States food and drug administration Other names: [(-)-delta-9-trans tetrahydrocannabinol], Syndros. Immediate precursors, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances: Immediate precursor to amphetamine and methamphetamine: Phenylacetone Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone; Immediate precursors to phencyclidine (PCP): 1-phenylcyclohexylamine; or 1-piperidinocyclohexanecarbonitrile (PCC); or Immediate precursor to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP). Acts 1989, ch. 591, § 1; 2000, ch. 884, § 1; 2007, ch. 298, §§ 5-7; 2012, ch. 812, § 2; 2015, ch. 302, § 2; 2018, ch. 1040, §§ 4-6. Sentencing Commission Comments. No changes were made in the substantive language in this section; however, the chemical names for the drugs were updated to conform to the most recent list used by the department of mental health and mental retardation [mental health and developmental disabilities]. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Amendments. The 2018 amendment rewrote (c)(17) which read: “Moramide-Intermediate; 2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid”; added (c)(29); added (f)(2); and, in (g)(2)(A), added “or” following the semicolon at the end. Effective Dates. Acts 2018, ch. 1040, § 13. July 1, 2018. Cross-References. Prescription of Schedule II stimulants for weight control prohibited, § 53-10-109 . Attorney General Opinions. Applicability of Tennessee law to synthetic forms of LSD and cocaine. OAG 11-28, 2011 Tenn. AG LEXIS 30 (3/24/11).