Tennessee § 39-17-415 - Criteria and controlled substances for Schedule VI.

§ 39-17-415. Criteria and controlled substances for Schedule VI.

There is established a Schedule VI for the classification of substances which the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, upon considering the factors set forth in § 39-17-403, decides should not be included in Schedules I through V. The controlled substances included in Schedule VI are: Marijuana; Tetrahydrocannabinols; and Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following: 1 cis or trans tetrahydrocannabinol, and its optical isomers; 6 cis or trans tetrahydrocannabinol, and its optical isomers; or 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers. Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered. This section does not categorize hemp, as defined in § 43-27-101, as a controlled substance. Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2; 2014, ch. 916, § 2; 2016, ch. 728, § 2; 2019, ch. 87, § 3. 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 developmental disabilities. Compiler's Notes. Acts 2010, ch. 1100, § 153 provided that the commissioner of mental health and developmental disabilities, the commissioner of mental health, the commissioner of intellectual and developmental disabilities, and the commissioner of finance and administration are authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. For the preamble to the act concerning growing of industrial hemp, please refer to Acts 2014, ch. 916. Amendments. The 2019 amendment rewrote (c), which read: “Nothing in this section shall be construed to categorize industrial hemp, as defined in § 43-26-102 , as a controlled substance; provided, however, that industrial hemp shall be categorized as a controlled substance in circumstances where such classification is required by § 43-26-103(c) .” Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019. Cross-References. Licensing of hemp growers, § 43-26-103 . Law Reviews. Dignity, And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, 80 Tenn. L. Rev. 291 (2013). 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).