How Are Drug and Narcotics Crimes Charged in Tennessee?

Drug and narcotics crimes in Tennessee encompass possession, sale, and manufacture of controlled substances, with varying degrees of felonies based on drug schedule, type, amount, intent, and prior convictions. Simple possession is a Class A misdemeanor, while possession with intent to sell incurs penalties based on drug quantity and schedule. Schedule I, II, III, IV, V, and VI drugs have distinct consequences, with fines ranging up to $500,000. Prescription fraud, involving deceptive means to obtain controlled substances, is a Class D felony, except for failing to disclose a prior prescription, which is a Class A misdemeanor. Illegal wiretapping, without consent from one party in the conversation, is also a Class D felony in Tennessee, given the state’s one-party consent law.

Prescription Fraud

Prescription fraud in Tennessee is when the perpetrator intentionally attempts to gain access to a controlled substance using deception, including fraud, forgery, or misrepresenting their identity.

This can involve stealing someone’s identifying information and using it to access a drug prescription. It’s important to note that you can be found guilty of this crime even if you don’t live in Tennessee yourself, but steal a Tennessee resident’s identifying information.

Other scenarios that are considered prescription drug fraud include:

• Distributing as a registrant a Schedule I or II controlled substance without a proper order form.
• Manufacturing or distributing as a registrant a controlled substance with a fake or fraudulent registration number.
• Using false information in applications, documents, or reports related to the manufacture or distribution of a controlled substance
• Using the name or trademark of another brand of drug on a controlled substance or its container
• Accepting a prescription for a controlled substance from a healthcare provider but not disclosing to them that you already received the same prescription from another provider in the past 30 days.

Prescription fraud is a Class D felony in Tennessee. The only exception is accepting a prescription for a controlled substance from a healthcare provider and failing to disclose that you already have a prescription. In this case, the charge is a Class A misdemeanor.

Illegal Wiretapping

Wiretapping illegally and disclosing or using information from an illegal wiretap is a Class D felony in Tennessee. Tennessee is a one-party consent state, so intercepting and recording a phone call is a crime unless one party consents. 

This could mean you if you’re a party in the conversation. If you’re not in the conversation, another person involved in it can provide their consent as long as they understand the conversation will be recorded.