Criminal Sanctions
The Metropolitan Government of Nashville/Davidson County prohibits the following acts and prescribes the corresponding penalties:
• It is unlawful to possess a hypodermic needle, syringe or other item used with an illicit drug or controlled substance that has traces of a controlled substance upon it.
• It is illegal to sell or give certain types of glue or plastic cement to anyone under 21 years of age. Being under the influence of one of these substances in public is also prohibited.
• It is unlawful for any person under the age of 19: a) to be present in an automobile on any public street when alcoholic beverages are being consumed in the automobile and b) to be present in any public park and be a companion of or otherwise associated with any person who is consuming alcoholic beverages who is not his or her parent or guardian or who has not secured written consent from the parent or guardian for the child to be present.
• It shall be a violation for any person, while on a public street or in a place generally open to the public (and not licensed for the on-premises consumption of alcoholic beverages) to have in their possession any alcoholic beverage for the purpose of consumption in a container unless the container be commercially sealed.
Each of these offenses is punishable by a fine up to $500.
The State of Tennessee prohibits the following acts and prescribes the corresponding penalties:
• Persuading, enticing, or sending a person under 21 years of age to purchase alcoholic beverages or buying an alcoholic beverage for one under the age of 21 is punishable by up to 200 hours of community service and revocation of driving privileges.
• It is illegal to be intoxicated in public. Such behavior can result in up to 30 days in jail and/or a $50 fine.
• Consuming or possessing alcohol on the premises of an elementary, junior high or high school is punishable by up to 30 days in jail and/or a $50 fine.
• Driving under the influence of an alcoholic beverage or drug is punishable by a jail term of up to 7 days, up to a $1500 fine and loss of driving privileges for one year for the first offence: a jail term of 11 months and 29 days, up to a $3,500 fine and loss of driving privileges for two year for the second offense; and a jail term of 11 months 29 days, up to a $10,000 fine and the loss of driving privileges for up to 10 years for the third offense. In addition, a court may order inpatient treatment at a drug and alcohol rehabilitation center.
• Killing another person while driving a vehicle under the influence of alcohol or drugs can result in up to a 30 year sentence, a fine of up to $10,000 and the loss of one’s license for up to 10 years.
• Being intoxicated and, as a result of intoxication, recklessly causing serious bodily injury to another while operating a motor vehicle is punishable by two to 12 years in prison, the loss of driving privileges for one year per offence with a maximum loss of 5 years and a fine up to $5,000.
• Consuming or possessing in an open container any alcoholic beverage or beer while operating a motor vehicle may result a fine up to $50.
• It is illegal to possess with the intent to manufacture, deliver or sell an illicit drug or controlled substance. Depending on the type of substance and its quantity, such fines will be at least $5,000 but not more than $250,000, is subject to a jail term of up to 11 months and 29 days and a $2,500 fine.
• If two or more prior convictions are present, the possible sentence increases to six years in prison and a $3,000 fine. In addition, a court may order enrollment in a drug offender school and/or community service at a drug treatment facility.
• The casual exchange of even small amounts of an illicit drug or controlled substance with a minor can result in a penalty of up to life in prison and a $500,000 fine.
• Inhaling, selling, giving or possessing glue, paint, gas aerosol or gas for an unlawful purpose is punishable by a jail term of 11 months and 29 days to six years and a fine of up to $3,000.
• It is illegal to sell or buy any item that is represented to be an illicit drug or controlled substance. Such an act is punishable by up to six years in prison and a $3,000 fine.
• It is illegal to sell, deliver or possess the seeds of jimsonweed on the premises of any elementary, junior high or high school. The penalty for such an act is 11 months and 29 days in jail and/or a fine up to $2,500.
• It is unlawful to possess with the intent to manufacture or deliver an anabolic steroid. This act is punishable by two to 12 years in prison and a fine of up to $50,000.
FEDERAL TRAFFICKING PENALTIES
|
||||
| DRUG/SCHEDULE
|
QUANTITY
|
PENALTIES
|
QUANTITY
|
PENALTIES
|
| Cocaine (Schedule II)
|
500-4999 gms mixture
|
First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual
|
5 kgs or more mixture
|
First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual. Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual. 2 or More Prior Offenses: Life Imprisonment
|
| Cocaine Base (Schedule II)
|
5-49 gms mixture
|
50 gms or more mixture
|
||
| Fentanyl (Schedule II)
|
40-399 gms mixture
|
400 gms or more mixture
|
||
| Fentanyl Analogue (Schedule I)
|
10-99 gms mixture
|
100 gms or more mixture
|
||
| Heroin (Schedule I)
|
100-999 gms mixture
|
1 kg or more mixture
|
||
| LSD (Schedule I)
|
1-9 gms mixture
|
10 gms or more mixture
|
||
| Methamphetamine (Schedule II)
|
5-49 gms pure or 50-499 gms mixture
|
50 gms or more pure or 500 gms or more mixture
|
||
| PCP (Schedule II)
|
10-99 gms pure or 100-999 gms mixture
|
100 gm or more pure or 1 kg or more mixture
|
||
|
DRUG/SCHEDULE
|
QUANTITY
|
PENALTIES
|
| Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)
|
Any amount
|
First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual
|
| Flunitrazepam (Schedule IV)
|
1 gm or more
|
|
| Other Schedule III drugs
|
Any amount
|
First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual
|
| Flunitrazepam (Schedule IV)
|
30 to 999 mgs
|
|
| All Other Schedule IV drugs
|
Any amount
|
First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual. Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
|
| Flunitrazepam (Schedule IV)
|
Less than 30 mgs
|
|
|
|
|
|
| All Schedule V drugs
|
Any amount
|
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual. Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.
|
|
FEDERAL TRAFFICKING PENALTIES- MARIJUANA
|
|||
| DRUG/SCHEDULE
|
QUANTITY
|
1st OFFENSE
|
2nd OFFENSE
|
| Marijuana
|
1,000 kg or more mixture; or 1,000 or more plants
|
*Not less than 10 years, not more than life *If death or serious injury, not less than 20 years, not more than life *Fine not more than $4 million if an individual, $10 million if other than an individual
|
*Not less than 20 years, not more than life. *If death or serious injury, mandatory life *Fine not more than $8 million if an individual, $20 million if other than an individual
|
| Marijuana
|
100 kg to 999 kg mixture; or 100 to 999 plants
|
*Not less than 5 years, not more than 40 years *If death or serious injury, not less than 20 years, not more than life *Fine not more than $2 million if an individual, $5 million if other than an individual
|
*Not less than 10 years, not more than life *If death or serious injury, mandatory life *Fine not more than $4 million if an individual, $10 million if other than an individual
|
| Marijuana
|
More than 10 kgs hashish; 50 to 99 kg mixture More than 1 kg of hashish oil; 50 to 99 plants
|
*Not more than 20 years *If death or serious injury, not less than 20 years, not more than life *Fine $1 million if an individual, $5 million if other than an individual
|
*Not more than 30 years *If death or serious injury, mandatory life *Fine $2 million if an individual, $10 million if other than individual |
| Marijuana
|
1 to 49 plants; less than 50 kg mixture
|
*Not more than 5 years *Fine not more than $250,000 if an individual, $1 million if other than individual
|
*Not more than 10 years *Fine $500,000 if an individual, $2 million if other than an individual
|
| Hashish
|
10 kg or less
|
||
| Hashish Oil
|
1 kg or less
|
||
|
PENALTIES
|
|
|
| Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)
|
Any Amount
|
First Offense: Not more than 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual
|
| Flunitrazepam (Schedule IV)
|
1 gm or more
|
|
| Other Schedule III drugs
|
Any Amount
|
First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual
Second Offense: Not more than 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual
|
| Flunitrazepam (Schedule IV)
|
30 to 999 mgs
|
