Tennessee Code Annotated
Tenn. Code Ann. § 39-17-415 (2026)
Criteria and controlled substances for Schedule VI
✓ current as of May 2026
- (a) There is established a Schedule VI for the classification of substances which the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, upon considering the factors set forth in § 39-17-403, decides should not be included in Schedules I through V. The controlled substances included in Schedule VI are:
- (1) Marijuana;
- (2) Tetrahydrocannabinols; and
- (3) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:
- (A) 1 cis or trans tetrahydrocannabinol, and its optical isomers;
- (B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or
- (C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
- (b) Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.
- (c) This section does not categorize hemp, as defined in § 43-27-101, as a controlled substance.
Amended by 2019 Tenn. Acts, ch. 87, s 3, eff. 4/4/2019.
Amended by 2016 Tenn. Acts, ch. 728, s 2, eff. 4/7/2016.
Amended by 2014 Tenn. Acts, ch. 916, s 2, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2.
Notes of Decisions
Cited in 33
cases (7 in the last 5 years), 1997–2026 · leading case: United States v. Edwin Santiago, 139 F.4th 570 (6th Cir. 2025).
United States v. Edwin Santiago, 139 F.4th 570 (6th Cir. 2025). “See Tenn. Code Ann. § 39-17-415 (c) (West 2025).”
State of Tennessee v. Shuan Terrell Marsh (Tenn. Crim. App. 2016). “Marijuana is classified as a Schedule VI controlled substance, see T.C.A. § 39-17-415(a)(1), and “[a] violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section.”
State of Tennessee v. Christopher Demotto Linsey (Tenn. Crim. App. 2016). “Tenn. Code Ann. § 39-17-418 (a). Marijuana is a Schedule VI controlled substance.”
State of Tennessee v. Anthony Miller (Tenn. Crim. App. 2017). “Tenn. Code Ann. § 39-17-1324 (i)(1)(L). As pertinent to our review, marijuana is a Schedule VI controlled substance.”
State of Tennessee v. Kimberly Johnson Hart (Tenn. Crim. App. 2018). “Marijuana is classified as a Schedule VI drug, see Tenn. Code Ann. § 39-17-415 (1) (2014), and possession with the intent to sell or deliver not less than one-half ounce nor more than ten pounds of marijuana is a Class E felony.”
State of Tennessee v. Damarko D. Clay (Tenn. Crim. App. 2018). “See Tenn. Code Ann. § 39-17-415 (a)(1). “It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrrounding the arrest, that the controlled substance or substances were possessed with the purpose of…”
State of Tennessee v. Arturo Cardenas, Jr. (Tenn. Crim. App. 2018). “Tenn. Code Ann. § 39-17-417 (a)(4) (2008).”
State of Tennessee v. Tequan Laquarious Evans (Tenn. Crim. App. 2018). “Possession of marijuana with the intent to sell or to deliver is a Class E felony if the amount involved is not less than one-half ounce nor more than ten pounds. Id. § 39-17-417(g)(1). Because the Defendant concedes he possessed the marijuana, our review is limited to whether…”
State of Tennessee v. Gregory Gill (Tenn. Crim. App. 2019). “Tenn. Code Ann. § 39-17-415 (a)(1) (2016).”
State of Tennessee v. Sangria Venturia Baker, Jr. (Tenn. Crim. App. 2019). “T.C.A. § 39-17-415(a)(1). A jury may infer from the amount of a controlled substance, along with other relevant facts surrounding the arrest, that the defendant possessed the controlled substance with the intent of selling or otherwise dispensing it.”
State of Tennessee v. George Ronald Perez (Tenn. Crim. App. 2020). “Possession of a controlled substance with the intent to sell or deliver is one of the applicable listed dangerous felonies.”
State of Tennessee v. Ramell Martez Jackson (Tenn. Crim. App. 2020). ““Delivery” is defined as the actual, constructive, or attempted transfer of a controlled substance from one person to another.”
— Tenn. Code Ann. § 39-17-415(1) — 1 case
State of Tennessee v. Gay Nathan Yarbro (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 39-17-415(a)(1) — 12 cases
State of Tennessee v. Shuan Terrell Marsh (Tenn. Crim. App. 2016). “Marijuana is classified as a Schedule VI controlled substance, see T.C.A. § 39-17-415(a)(1), and “[a] violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section.”
State of Tennessee v. Tequan Laquarious Evans (Tenn. Crim. App. 2018). “Possession of marijuana with the intent to sell or to deliver is a Class E felony if the amount involved is not less than one-half ounce nor more than ten pounds. Id. § 39-17-417(g)(1). Because the Defendant concedes he possessed the marijuana, our review is limited to whether…”
State of Tennessee v. Sangria Venturia Baker, Jr. (Tenn. Crim. App. 2019). “T.C.A. § 39-17-415(a)(1). A jury may infer from the amount of a controlled substance, along with other relevant facts surrounding the arrest, that the defendant possessed the controlled substance with the intent of selling or otherwise dispensing it.”
State of Tennessee v. George Ronald Perez (Tenn. Crim. App. 2020). “Possession of a controlled substance with the intent to sell or deliver is one of the applicable listed dangerous felonies.”
State of Tennessee v. Ramell Martez Jackson (Tenn. Crim. App. 2020). ““Delivery” is defined as the actual, constructive, or attempted transfer of a controlled substance from one person to another.”
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