Tennessee § 39-17-410 - Controlled substances in Schedule III.

§ 39-17-410. Controlled substances in Schedule III.

Schedule III 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. 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, including its salts, isomers (whether optical, positional, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under 21 CFR 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances; Benzphetamine; Clorphentermine; Clortermine; or Phendimetrazine. 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: Any compound, mixture, or preparation containing: Amobarbital; Secobarbital; Pentobarbital; or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule; Any suppository dosage form containing: Amobarbital; Secobarbital; Pentobarbital; or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository; Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof. Examples include the following drugs: Aprobarbital; Butabarbital (secbutabarbital); Butalbital; Butobarbital (butethal); Talbutal; Thiamylal; Thiopental; or Vinbarbital; Chlorhexadol; Embutramide; Gamma hydroxybutyric acid preparations. Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under § 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.); Ketamine, its salts, isomers, and salts of isomers Other name: (1)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone; Lysergic acid; Lysergic acid amide; Methyprylon; Perampanel, and its salts, isomers, and salts of isomers; Sulfondiethylmethane; Sulfonethylmethane; Sulfonmethane; or Tiletamine and zolazepam or any salt of tiletamine or zolazepam: Other name for a tiletamine-zolazepam combination product: Telazol(R); Other name for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; and Other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo[3,4-e],[1,4]-diazepin-7(1H)-one; flupyrazapon. Nalorphine. Narcotic drugs, unless specifically excepted or unless listed in another schedule, means: Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; or Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; Any material, compound, mixture, or preparation containing any of the following narcotic drug or its salts: Buprenorphine. Anabolic steroids, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, esters, and ethers: Anabolic steroids: 3[alpha],17[beta]-dihydroxy-5a-androstane; 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane; 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane; 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; 17[alpha]-methyl-[delta]1-dihydrotestosterone(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one Other Names: 17-[alpha]-methyl-1-testosterone; 17[alpha]-methyl-4-hydroxynandrolone(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); 1-Androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); 1-Androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene); 4-Androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); 5-Androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); 1-Androstenedione (5[alpha]-androst-1-en-3,17-dione); 4-Androstenedione (androst-4-en-3,17-dione); 5-Androstenedione (androst-5-en-3,17-dione); 3[Beta],17[beta]-dihydroxy-5a-androstane; 13[Beta]-ethyl-17[beta]-hydroxygon-4-en-3-one; Androstanedione (5[alpha]-androstan-3,17-dione); Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); Boldione (androsta-1,4-diene-3,17-dione); Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one) Other Name: 4-Chlorotestosterone; Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); [Delta]1-dihydrotestosterone (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one) Other name: 1-testosterone; Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol) Other name: madol; 4-Dihydrotestosterone (17[beta]-hydroxyandrostan-3-one); Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan); 4-Hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); 4-Hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-diene-3-one); Methandranone; Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); Methandrostenolone; Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one); Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9,11-trien-3-one); Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); Nandrolone (17[beta]-hydroxyestr-4-en-3-one); 19-Nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); 19-Nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene); 19-Nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene); 19-Nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene); 19-Nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene); 19-Nor-4-androstenedione (estr-4-en-3,17-dione); 19-Nor-5-androstenedione (estr-5-en-3,17-dione); Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one); Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pryazole); Stanolone (17[beta]-hydroxy-5alpha-androstan-3-one); Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole); Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one); Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); Testosterone (17[beta]-hydroxyandrost-4-en-3-one); Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); or Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one). Any salt, ester, or ether of a drug or substance described in this subsection (f), except such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States secretary of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection (f); or Anabolic steroids with a combination of estrogens intended for administration to hormone deficient women are exempt from this rule unless such steroids are prescribed, dispensed, or distributed to women who are not hormone deficient. Hallucinogenic substances: Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6-H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol. Acts 1989, ch. 591, § 1; 1992, ch. 700, § 3; 1996, ch. 694, §§ 1, 2; 2000, ch. 755, § 2; 2000, ch. 884, § 2; 2007, ch. 298, §§ 8-10; 2012, ch. 812, § 3; 2015, ch. 302, § 3; 2018, ch. 1040, § 7. Sentencing Commission Comments. The chemical names for the drugs in this section were updated to conform to the most recent list used by the department of mental health and mental retardation [mental health and developmental disabilities]. The 1992 amendment moved steroids from Schedule VIII to this section. 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 (f)(1)(A) which read: “(A) 3[Alpha],17[beta]-dihydroxy-5a-androstane”; deleted former (f)(1)(B) which read: “(B) 5[Alpha]-androstan-3,17-dione;” rewrote former (f)(1)(C) through (f)(1)(G) which read:“(C) 17[Alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;“(D) 17[Alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane;“(E) 17[Alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;“(F) 17[Alpha]-methyl-delta1-dihydrotestosterone (17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one) (a.k.a. “17-[alpha]-methyl-1-testosterone”);“(G) 17[Alpha]-methyl-4-hydroxynandrolone (17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);” and redesignated them as (f)(1)(B) through (f)(1)(F), respectively; redesignated former (f)(1)(H) through (f)(1)(P) as (f)(1)(G) through (f)(1)(O); added present (f)(1)(P); deleted former (f)(1)(U) which read: “Chlorotestosterone”; redesignated former (f)(1)(V) as present (f)(1)(U) and added “Other name: 4-Chlorotestosterone” therein; redesignated former (f)(1)(W) and (f)(1)(X) as present (f)(1)(V) and (f)(1)(W), respectively; in present (f)(1)(W), added “Other name: 1-testosterone”; redesignated former (f)(1)(Z) through (f)(1)(FF) as present (f)(1)(Y) through (f)(1)(EE); rewrote present (f)(1)(EE) which read: “(FF) 4-hydroxy-19-nortestosterone (4,17[beta]-dihydroxy-estr-4-en-3-one)”; rewrote present (f)(1)(FF) which read: “(GG) 4-hydroxytestosterone (4,17[beta]-dihydroxy-androst-4-en-3-one)”;redesignated former (f)(1)(HH) through (f)(1)(FFF) as present (f)(1)(GG) through (f)(1)(EEE); rewrote present (f)(1)(EEE) which read: “Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-[5[alpha]]-androstan-3-one)”; redesignated former (f)(1)(GGG) through (f)(1)(LLL) as present (f)(1)(FFF) through (f)(1)(KKK); rewrote present (f)(1)(HHH) which read: “(III) Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pyrazole)” rewrote present (f)(1)(III) which read: “(JJJ) Stanolone”; rewrote present (KKK) which read: “(LLL) Stenbolone (17[beta]-hydroxy-2-methyl-[5alpha]-androst-1-en-3-one)”; and redesignated former (f)(1)(MMM) through (f)(1)(PPP) as present (f)(1)(LLL) through (f)(1)(OOO). Effective Dates. Acts 2018, ch. 1040, § 13. July 1, 2018. Cross-References. Anabolic steroids, prohibited activities, § 39-17-430 .