Tennessee § 39-17-418 - Simple possession or casual exchange.

§ 39-17-418. Simple possession or casual exchange.

It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice. It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams). Except as provided in subsections (d) and (e), a violation of this section is a Class A misdemeanor. A violation of subsection (a) with respect to any amount of methamphetamine shall be punished by confinement for not less than thirty (30) days, and the person shall serve at least one hundred percent (100%) of the thirty (30) day minimum. The thirty (30) day minimum sentence required by subdivision (c)(2)(A) shall not be construed to prohibit a person sentenced pursuant to this subsection (c) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services. Any person participating in such a court may receive sentence credit for up to the full thirty (30) day minimum required by subdivision (c)(2)(A). A violation of subsections (a) or (b), where there is casual exchange to a minor from an adult who is at least two (2) years the minor's senior, and who knows that the person is a minor, is punished as a felony as provided in § 39-17-417. A violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section and the current violation involves a Schedule I controlled substance classified as heroin. In addition to the other penalties provided in this section, any person convicted of violating this section for possession of a controlled substance may be required to attend a drug offender school, if available, or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center. Any person required to attend a drug offender school pursuant to this subsection (f) shall also be required to pay a fee for attending the school. If the court determines that the person, by reason of indigency, cannot afford to pay a fee to attend the school, the court shall waive the fee and the person shall attend the school without charge. The amount of fee shall be established by the local governmental authority operating the school, but the fee shall not exceed the fee charged for attending an alcohol safety DUI school program if such a program is available in the jurisdiction. All fees collected pursuant to this subsection (f) shall be used by the governmental authority responsible for administering the school for operation of the school. Acts 1989, ch. 591, § 1; 1990, ch. 992, § 3; 1993, ch. 456, §§ 1, 2; 2014, ch. 970, § 2; 2016, ch. 876, § 12. Sentencing Commission Comments. This section creates an enhanced penalty for third and subsequent offenses. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2014, ch. 904, which enacted § 39-17-434 , provided that any reference in Tennessee Code Annotated that provides a penalty, forfeiture, punishment, fine, disability or other adverse effect for a violation of § 39-17-417 or § 39-17-418 , shall be considered to apply to a conviction under § 39-17-434 if the violation involves methamphetamine. Cross-References. Manufacture, delivery, sale or possession of methamphetamines, § 39-17-434 . Penalties for driving while intoxicated, §§ 55-10-402 , 55-10-403 . Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Attorney General Opinions. Vehicle forfeiture for violation of T.C.A. § 39-17-418 , OAG 93-46 (5/13/93). Imposition of penalties for simple possession or casual exchange of a controlled substance. OAG 12-33, 2012 Tenn. AG LEXIS 33 (3/9/12). Registration requirements and sentencing for methamphetamine offenses. OAG 14-104, 2014 Tenn. AG LEXIS 107 (12/3/14). The conflict-preemption principles that are well established in Tennessee’s jurisprudence prevent a municipality from enacting and enforcing an ordinance that allows a police officer to issue a municipal citation that carries a civil penalty of fifty dollars or community service for the offense of possession of one-half ounce or less of marijuana. Such an ordinance conflicts with the provisions of the Drug Control Act and with the prosecutorial discretion and responsibilities of the district attorneys general in enforcing the Act. OAG 16-40, 2016 Tenn. AG LEXIS 40 (11/16/2016).