Archive for May, 2014

Tennessee Medical Marijuana Bill

HB 1385 by *Jones.

Drugs, Prescription – As introduced, creates the “Koozer-Kuhn Medical Cannabis Act”. – Amends TCA Title 4, Chapter 29; Title 4, Chapter 3, Part 2; Title 39; Title 43; Title 53, Chapter 11; Title 63 and Title 68.
Fiscal Summary

Not Available
Bill Summary

Under present law, it is a criminal offense for any person to manufacture, deliver, or sell cannabis (marijuana) except as provided in the Tennessee Legend Drug and Controlled Substance Research Act of 1984. The classification of the offense and severity of the offense depends on the amount of cannabis involved, as well as numerous aggravating and mitigating factors.

 

Generally, this bill decriminalizes the use of medical cannabis by a qualifying patient who is enrolled in the safe access program established by this bill and described below.

Under this bill, a qualifying patient is any Tennessee resident who has been diagnosed as having a qualifying medical condition, including:
(1) Cancer, glaucoma, multiple sclerosis, positive status for HIV, acquired immune deficiency syndrome, Hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, post-traumatic stress disorder, or Alzheimer’s disease or the treatment of these conditions;
(2) A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe, debilitating, chronic pain; severe nausea; seizures; severe and persistent muscle spasms;
(3) Any medical condition for which a patient receives hospice services; or
(4) Any other medical condition or its treatment as prescribed by a practitioner and approved by the health department.

SAFE ACCESS PROGRAM

This bill establishes the safe access program. To enroll in the program:
(1) A nurse practitioner, physician assistant or physician (a “practitioner”) with whom the patient has a bona fide patient-practitioner relationship, must assess the patient’s medical history;
(2) The practitioner must state that in the practitioner’s professional opinion the potential benefits of the medical use of cannabis would likely outweigh the health risks for the qualifying patient; and
(3) The certification and safe access program enrollment completed at the participating pharmacy or regulated dispensary must specify the qualifying patient’s debilitating medical condition.

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Tennessee Marijuana Penalities

Posted: May 5, 2014 in Nitegator
Offense Penalty Incarceration   Max. Fine  

Possession

1/2 oz or less (first offense) misdemeanor 1 year $ 250
1/2 oz or less (second offense) misdemeanor 1 year $ 500
1/2 oz or less (third offense) felony 1 – 6 years $ 1,000
Fines for possession are mandatory.

Sale

1/2 oz – 10 lbs felony 1 – 6 years $ 5,000
10 – 70 lbs felony 2 – 12 years $ 5,000
70 – 300 lbs felony 8 – 30 years $ 200,000
More than 300 lbs felony 15 – 60 years $ 500,000
Includes possession with intent to distribute.
Subsequent offense carries higher penalty.

Cultivation

10 plants or less felony 1 – 6 years $ 5,000
10 – 19 plants felony 2 – 12 years $ 50,000
20 – 99 plants felony 3 – 15 years $ 100,000
100 – 499 plants felony 8 – 30 years $ 200,000
More than 500 plants felony 15 – 60 years $ 500,000
Subsequent offense carries higher penalty.

Hash & Concentrates

Possession misdemeanor 11 mos $ 2,500
Manufacture, deliver, or sell less than 2 lbs felony 6 years $ 5,000
Manufacture, deliver, or sell 2 – 4 lbs felony 12 years $ 50,000
Manufacture, deliver, or sell 4 – 8 lbs felony 15 years $ 100,000
Manufacture, deliver, or sell 8 – 15 lbs felony 30 years $ 200,000
Manufacture, deliver, or sell more than 15 lbs felony 60 years $ 500,000

Paraphernalia

Possession of paraphernalia misdemeanor 1 year $ 2,500
Sale of paraphernalia felony 1 – 6 years $ 3,000

Miscellaneous (license suspensions, civil damages, etc…)

Falsification of drug tests misdemeanor 1 year $ 2,500

Penalty Details

Possession

Possession of a half ounce of marijuana or less is a Class A misdemeanor with penalties of up to a year in jail and a fine of up to $2,500. First offenses bring with them a minimum fine of $250. A second offense brings a mandatory fine of at least $500. Third time offenders will be charged with a Class E felony, bringing a punishment of between 1 and 6 years in prison and a mandatory minimum fine of $1,000.

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Sale

The sale or possessing with the intent to distribute between a half ounce of marijuana and 10 lbs. of marijuana is a Class E felony punishable with between 1-6 years of incarceration and a fine of no more than $5,000.

The sale or possessing with the intent to distribute between 10 and 70 lbs. of marijuana is a Class D felony punishable with between 2-12 years of incarceration and a fine of no more than $5,000.

The sale or possessing with the intent to distribute between 70-300 lbs. of marijuana is a Class B felony punishable with between 8-30 years of incarceration and a fine of no more than $200,000.

The sale or possessing with the intent to distribute more than 300 lbs. of marijuana is a Class A felony punishable with between 15-60 years of incarceration and a fine of no more than $500,000.

A first-time felony conviction will receive a minimum fine of at least $2,000. A second felony conviction will bring a minimum fine of at least $3,000. The third and all subsequent felony convictions will bring a fine of at least $5,000, and will be punished at one grade higher.

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Sale to a minor is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

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Sale to a minor within 1,000 ft. of a school is an unclassified felony which results in a increase in the grade of the offense (determined by amount of marijuana present) by one sentencing grade.

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Cultivation

Cultivation of 10 plants or less is a Class E felony and can lead to incarceration of between 1 and 6 years, and will bring a maximum fine of $5,000.

Cultivation of between 10 and 19 plants is a Class D felony and can lead to incarceration of between 2 and 12 years, and will bring a maximum fine of $50,000.

Cultivation of between 20 and 99 plants is a Class C felony and can lead to incarceration of between 3 and 15 years, and will bring a maximum fine of $100,000.

Cultivation of between 100 and 499 plants is a Class B felony and can lead to incarceration of between 8 and 30 years, and will bring a maximum fine of $200,000.

Cultivation of 500 or more plants is a Class A felony and can lead to incarceration of between 15 and 60 years, and will bring a maximum fine of $500,000.

First-time felony convictions will receive a mandatory minimum fine of at least $2,000.

Second-time felony convictions will receive a mandatory minimum fine of at least $3,000.

Any repeat felony conviction after the second will receive a mandatory minimum fine of at least $5,000.

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Hash & Concentrates

Hashish and concentrates are schedule VI controlled substances.

See:

  • Tennessee CODE ANN. § 39-17-415(a)(2) Web Search

Possession of hashish or concentrates is a crime. If the amount of hashish or concentrates is less than 14.75 grams the offense is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. A second or subsequent conviction is punishable as a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

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It is a crime to manufacture, deliver, sell, or possess with intent to manufacture, deliver, or sell hashish or concentrates. If the amount of hashish or concentrates is less than 2 pounds, the offense is a Class E felony punishable by a fine no greater than $5,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

If the amount of hashish or concentrates is greater than 2 pounds but less than 4 pounds, the offense is a Class D felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 years and no greater than 12 years.

If the amount of hashish or concentrates is greater than 4 pounds but less than 8 pounds, the offense is a Class C felony punishable by a fine no greater than $100,000 and a term of imprisonment no less than 3 years and no greater than 15 years.

If the amount of hashish or concentrates is greater than 8 pounds but less than 15 pounds, the offense is a Class B felony punishable by a fine no greater than $200,000 and a term of imprisonment no less than 8 years and no greater than 30 years.

If the amount of hashish or concentrates is greater than 15 pounds, the offense is a Class A felony punishable by a fine no greater than $500,000 and a term of imprisonment no less than 15 years and no greater than 60 years.

If the offense occurred within a designated area, then the penalty of that offense is increased by one class, i.e. a Class D felony becomes a Class C felony, a Class B felony becomes a Class A felony, etc. This designated area is anywhere within 1,000 feet of a school, recreation center, public library, child day care facility, or park.

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Any device or equipment used to make or create hashish is considered drug paraphernalia. Using paraphernalia or possessing paraphernalia with the intent to use is a Class A misdemeanor punishable by a fine no greater than $2,500 and a term of imprisonment no greater than 11 months and 29 days. Possessing or manufacturing with intent to deliver drug paraphernalia is a Class E felony punishable by a fine no greater than $3,000 and a term of imprisonment no less than 1 year and no greater than 6 years.

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Paraphernalia

Possession of paraphernalia is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine of between $150 and $2,500. For a second or subsequent violation, the mandatory minimum fine increases to $250.

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Sale of paraphernalia is a Class E felony and is punishable with 1-6 years of incarceration and a maximum fine of $3,000.

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Miscellaneous

Falsification of Drug Tests

Falsifying a dug test is a Class A misdemeanor and is punishable with up to 1 year of incarceration and a fine not to exceed $2,500.

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Tax Stamps

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML’s report Marijuana Tax Stamp Laws And Penalties.

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