Tennessee Criminal Lawyer Blog

Tennessee Attorneys understand the complexities of the numerous drug laws. Whenever an individual is cited with a drug offense, it is important to contact a lawyer in Tennessee so that the Tennessee Lawyer can explore all avenues to optimize one’s legal defense. Drug Attorneys in Tennessee focus on the intricate procedures and heavy burdens that the state must prove to vigorously defend against drug charges.

The classification of drugs is important under Tennessee law. The severity of the offense and the sentence one can receive due to a drug offense will often depend upon the classification of the drug. Drugs are typically classified by their chemical composition and their relative accepted use throughout the medical community. The commissioner of mental health and developmental disabilities, upon the agreement of the commissioner of health, shall place a substance in Schedule V upon finding that:

• The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
• The substance has currently accepted medical use in treatment in the United States; and
• The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV. Tenn. Code Ann. § 39-17-413 (2007).

Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed below.

• Any material, compound, mixture, or preparation containing the narcotic drug buprenorphine or its salts unless listed or excepted in another schedule

Schedule V also includes narcotic drugs containing nonnarcotic active medicinal ingredients. Any 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 above which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:

• Not more than two hundred (200) milligrams of codeine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than one hundred (100) milligrams of dihydrocodeine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than one hundred (100) milligrams of ethylmorphine per one hundred (100) milliliters or per one hundred (100) grams;
• Not more than two and one half (2.5) milligrams of diphenoxylate and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit;
• Not more than one hundred (100) milligrams of opium per one hundred (100) milliliters or per one hundred (100) grams; or
• Not more than one-half (0.5) milligram of difenoxin (DEA Drug Code No. 9168) and not less than twenty-five (25) micrograms of atropine sulfate per dosage unit. Tenn.Code Ann. § 39-17-414 (2007).

Penalties for schedule V violations can be stiff under Tennessee law. A violation with respect to a schedule V controlled substance is usually a Class E felony and, in addition, may be fined not more than five thousand dollars. If you are charged with possession, delivery, manufacture, or selling a drug listed in schedule V it is imperative that you find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee Criminal Attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.