Tennessee Code Annotated
Tenn. Code Ann. § 39-17-425 (2026)
Unlawful drug paraphernalia uses and activities
✓ current as of May 2026
- (a)
- (1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
- (2) Any person who violates this subsection (a) commits a Class A misdemeanor.
- (b)
- (1) Except when delivered, possessed with the intent to deliver, or manufactured with the intent to deliver by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
- (2) Any person who violates subdivision (b)(1) commits a Class E felony.
- (3) Except when delivered by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, any person eighteen (18) years of age or over who violates this subsection (b) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person commits a Class E felony.
- (c)
- (1) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
- (2) Any person who violates subdivision (c)(1) commits a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 19.
Notes of Decisions
Cited in 99
cases (21 in the last 5 years), 1997–2026 · leading case: State v. Ross, 49 S.W.3d 833 (Tenn. 2001).
State v. Ross, 49 S.W.3d 833 (Tenn. 2001). “Tennessee Code Annotated section 39-17-425(a)(1) requires the State to prove three elements beyond a reasonable doubt: (1) that the defendant possessed an object; (2) that the object possessed was classifiable as drug paraphernalia; and (3) that the defendant intended to use…”
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001). “On November 4, 1998, the Rutherford County Grand Jury indicted the appellant on one count of unlawful possession of drug paraphernalia with intent to use in violation of Tennessee Code Annotated section 39-17-425(a) (1997). Prior to trial, the State served notice of its…”
State v. Norris, 47 S.W.3d 457 (Tenn. Crim. App. 2000). “See Tenn. Code Ann. § 39-17-417 (1997) (manufacture and possession with intent to sell or deliver); Tenn.”
State v. Baker, 966 S.W.2d 429 (Tenn. Crim. App. 1997). “On July 6, 1994, a Franklin County grand jury issued a four-count indictment against Appellant for simple possession of a Schedule VI controlled substance in violation of Tennessee Code Annotated Section 39-17 — 418, possession of drug paraphernalia in violation of Tennessee…”
State v. Bobadilla, 181 S.W.3d 641 (Tenn. 2005). “The defendants were each indicted for possession of a controlled substance with intent to sell or deliver in violation of Tennessee Code Annotated section 39-17-417 and possession of drug paraphernalia in violation of Tennessee Code Annotated section 39-17-425. The defendants…”
State of Tennessee v. Gary Lee Marise, 197 S.W.3d 762 (Tenn. 2006). “Tenn.Code Ann. § 39-17-433(a)(1) (2003). 2 .”
State v. Moore, 949 S.W.2d 704 (Tenn. Crim. App. 1997). “See T.C.A. § 39-17-425. The defendant argues that the search of her pockets for drugs violated her Fourth Amendment rights because the search went beyond that which is permitted under Terry .”
State of Tennessee v. John Edward Roach (Tenn. Crim. App. 2025). “See Tenn. Code Ann. § 39-17-425 (a)(1)-(2). The Defendant argues that the State failed to establish (1) that the items seized from the search of his home constituted drug paraphernalia and (2) that the Defendant intended to use any of the seized items for an illicit purpose.”
State of Tennessee v. Jadarius Sankevious Foster (Tenn. Crim. App. 2021). “Tenn. Code Ann. § 39-17-425 (a)(1). In addition, drug paraphernalia is defined as follows: “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing,…”
State of Tennessee v. Gregory Gill (Tenn. Crim. App. 2019). “2001) (citing Tenn. Code Ann. § 39-17-425 (a)(1)). The “illicit purposes” outlined in section 39-17-425(a)(1) include the following, in pertinent part: to “process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into…”
State of Tennessee v. Michele Lee Ridgeway (Tenn. Crim. App. 2026). “Tenn. Code Ann. § 39-17-425 (a)(1) (2025).”
State of Tennessee v. Tyson Reed King (Tenn. Crim. App. 2018). “T.C.A. § 39-17-425(a)(1). Prior Tennessee decisions have held that a baggie may be drug paraphernalia.”
— Tenn. Code Ann. § 39-17-425(a) — 5 cases
State v. Mallard, 40 S.W.3d 473 (Tenn. 2001). “On November 4, 1998, the Rutherford County Grand Jury indicted the appellant on one count of unlawful possession of drug paraphernalia with intent to use in violation of Tennessee Code Annotated section 39-17-425(a) (1997). Prior to trial, the State served notice of its…”
State of Tennessee v. Norman Eugene Banks (Tenn. Crim. App. 2010).
Allen Jean Stephens v. State of Tennessee (Tenn. Crim. App. 2009).
State of Tennessee v. Kevin Dewayne Stinnett (Tenn. Crim. App. 2022).
State of Tennessee v. Chysea Myranda Marney (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 39-17-425(a)(1) — 35 cases
State v. Ross, 49 S.W.3d 833 (Tenn. 2001). “Tennessee Code Annotated section 39-17-425(a)(1) requires the State to prove three elements beyond a reasonable doubt: (1) that the defendant possessed an object; (2) that the object possessed was classifiable as drug paraphernalia; and (3) that the defendant intended to use…”
State of Tennessee v. Gary Lee Marise, 197 S.W.3d 762 (Tenn. 2006). “Tenn.Code Ann. § 39-17-433(a)(1) (2003). 2 .”
State of Tennessee v. Tyson Reed King (Tenn. Crim. App. 2018). “T.C.A. § 39-17-425(a)(1). Prior Tennessee decisions have held that a baggie may be drug paraphernalia.”
State of Tennessee v. Jadarius Sankevious Foster (Tenn. Crim. App. 2021). “Tenn. Code Ann. § 39-17-425 (a)(1). In addition, drug paraphernalia is defined as follows: “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing,…”
State of Tennessee v. John Edward Roach (Tenn. Crim. App. 2025). “See Tenn. Code Ann. § 39-17-425 (a)(1)-(2). The Defendant argues that the State failed to establish (1) that the items seized from the search of his home constituted drug paraphernalia and (2) that the Defendant intended to use any of the seized items for an illicit purpose.”
— Tenn. Code Ann. § 39-17-425(a)(l) — 1 case
State v. Ross, 49 S.W.3d 833 (Tenn. 2001). “Tennessee Code Annotated section 39-17-425(a)(1) requires the State to prove three elements beyond a reasonable doubt: (1) that the defendant possessed an object; (2) that the object possessed was classifiable as drug paraphernalia; and (3) that the defendant intended to use…”
— Tenn. Code Ann. § 39-17-425(b)(1) — 3 cases
State of Tennessee v. Edward Poe (Tenn. Crim. App. 2008).
State of Tennessee v. Lori Anne Pierce (Tenn. Crim. App. 2023).
State of Tennessee v. Corey Danielle Wellman (Tenn. Crim. App. 2009).
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