Controlled Substances - As introduced, deletes the offense for a person to distribute a small amount of marijuana not in excess of one-half ounce (14.175 grams); increases the amount of marijuana, from one-half ounce to one ounce, that a person must possess, casually exchange, or distribute to be considered a criminal offense punishable as a Class C misdemeanor by a $100 fine for each violation. - Amends TCA Title 39, Chapter 17, Part 4.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB0873Date
    Taken off notice for cal in s/c Finance, Ways & Means Subcommittee of Finance, Ways & Means Committee04/06/2016
    Sponsor(s) Added.03/31/2016
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/6/201603/30/2016
    Sponsor(s) Added.02/11/2016
    Action Def. in s/c Finance, Ways & Means Subcommittee to 201604/08/2015
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/8/201504/01/2015
    Assigned to s/c Finance, Ways & Means Subcommittee04/01/2015
    Rec. for pass. if am., ref. to Finance, Ways & Means Committee04/01/2015
    Sponsor(s) Added.03/30/2015
    Placed on cal. Criminal Justice Committee for 4/1/201503/25/2015
    Rec for pass if am by s/c ref. to Criminal Justice Committee03/24/2015
    Move to Heel03/24/2015
    Placed on s/c cal Criminal Justice Subcommittee for 3/24/201503/18/2015
    Action Def. in s/c Criminal Justice Subcommittee to 3/24/201503/17/2015
    Move to Heel03/17/2015
    Placed on s/c cal Criminal Justice Subcommittee for 3/17/201503/11/2015
    Assigned to s/c Criminal Justice Subcommittee02/19/2015
    P2C, ref. to Criminal Justice Committee02/18/2015
    Intro., P1C.02/12/2015
    Filed for intro.02/11/2015
    Actions For SB1211Date
    Failed in Senate Judiciary Committee03/30/2016
    Placed on Senate Judiciary Committee calendar for 3/30/201603/30/2016
    Action deferred in Senate Judiciary Committee to 3/30/201603/29/2016
    Placed on Senate Judiciary Committee calendar for 3/29/201603/23/2016
    Action deferred in Senate Judiciary Committee to last calendar.02/02/2016
    Placed on Senate Judiciary Committee calendar for 2/2/201601/27/2016
    Action deferred in Senate Judiciary Committee to 2/2/201601/26/2016
    Placed on Senate Judiciary Committee calendar for 1/26/201601/20/2016
    Action deferred in Senate Judiciary Committee to 1/12/201604/08/2015
    Placed on Senate Judiciary Committee calendar for 4/8/201504/08/2015
    Action deferred in Senate Judiciary Committee to 4/8/201504/07/2015
    Placed on Senate Judiciary Committee calendar for 4/7/201504/01/2015
    Passed on Second Consideration, refer to Senate Judiciary Committee02/18/2015
    Introduced, Passed on First Consideration02/12/2015
    Filed for introduction02/12/2015
  • AmendmentsFiscal Memos
    HA0311Amendment 1-1 to HB0873Fiscal Memo for HA0311 (5187)  
    AmendmentsFiscal Memos
    SA0920Amendment 1-1 to SB1211Fiscal Memo for SA0920 (11684)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB0873

  • Fiscal Summary

    (Corrected) Decrease State Expenditures - $1,765,600/Incarceration*


    Bill Summary

    Under present law 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. Also, it is an offense to distribute a small amount of marijuana not in excess of one-half ounce. Generally a violation of these provisions is a Class A misdemeanor. If a person has two or more prior convictions for these offenses, a violation is a Class E felony.

    This bill makes the above provisions applicable to Schedule I, II, III, IV, or V controlled substance, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), removes the prohibition on the distribution of marijuana not in excess of one-half ounce, and makes the offense of knowingly possessing, casually exchanging, or distributing a Schedule VI controlled substance (which includes marijuana) in an amount in excess of one ounce (except for hashish) a Class C misdemeanor punishable by a fine of $100. This bill also specifies in regard to all violations described above in present law and this bill that each violation constitutes a separate offense.

    Also under this bill, the offenses described above that are Class A misdemeanors will be enhanced to Class E felonies when there are three or more, instead of two or more, prior convictions.

    Under present law, in addition to the other penalties, any person convicted of 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. This bill makes community service mandatory instead of discretionary.

    Under present law, it is an offense for a person to knowingly manufacture a controlled substance, deliver a controlled substance, sell a controlled substance, or possess a controlled substance with intent to manufacture, deliver, or sell the controlled substance. A violation of this offense with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half ounce nor more than 10 pounds of marijuana is a Class E felony and may be fined not more than $5,000. This bill increases the minimum amount of marijuana for this offense to apply from one-half ounce to one ounce.

  • FiscalNote for HB0873/SB1211 filed under HB0873
  • House Floor and Committee Votes

    HB0873 by Love - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Rec. for pass. if am., ref. to Finance, Ways & Means Committee 4/1/2015
    Passed
              Ayes................................................5
              Noes................................................4

              Representatives voting aye were: Akbari, Goins, Parkinson, Stewart, VanHuss -- 5.
              Representatives voting no were: Butt, Farmer, Lamberth, Weaver -- 4.

              HB0873 by Love - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Criminal Justice Committee 3/24/2015
              Voice Vote - Ayes Prevail Rep(s). Akbari, Lamberth requested to be recorded as voting No

    Senate Floor and Committee Votes

    SB1211 by Yarbro - SENATE JUDICIARY COMMITTEE:
    Failed in Senate Judiciary Committee 3/30/2016
    Failed
              Ayes................................................3
              Noes................................................6

              Senators voting aye were: Gardenhire, Harris, Kyle -- 3.
              Senators voting no were: Bell, Bowling, Kelsey, Overbey, Roberts, Stevens -- 6.