(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Tennessee Code 39-17-452

  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Tennessee Code 39-17-402
  • Drug: means :
    (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Tennessee Code 39-17-402
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:
    (A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See Tennessee Code 39-17-402
  • Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402
(1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:

(A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;
(B) Substitution at the 3-position with an alkyl substituent; or
(C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(2) Compounds recognized under subdivision (a)(1) include, but are not limited to:

(A) 4-Methoxymethcathinone (Methedrone);
(B) 3-Methoxymethcathinone (HMMC);
(C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP);
(D) 4-Ethylmethcathinone (4-EMC);
(E) 3,4-Dimethylmethcathinone (3,4-DMMC);
(F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone);
(G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
(H) Mitragynine and hydroxymitragynine;
(I) Desoxypipradol;
(J) URB 754; and
(K) URB602.
(3)

(A) It is an offense for a person to knowingly:

(i) Sell, or offer for sale, Kratom unless labeled and in its natural form;
(ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or
(iii) Purchase or possess Kratom if under the age of twenty-one (21) years.
(B) For purposes of this subdivision (a)(3):

(i) “Labeled” means a label containing the manufacturer’s information and a warning that includes, at a minimum, “Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication.”; and
(ii) “Natural form” means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(b) Subsection (a) shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the federal food and drug administration.
(c) A violation of subsection (a) is a Class A misdemeanor.
  Previous section
Next section  
 Part 4 Contents