Tennessee Code Annotated

Tenn. Code Ann. § 39-17-438 (2026)

Production, manufacture, distribution or possession of salvia divinorum A

✓ current as of May 2026

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(a)
- (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids, including any of their isomers, esters, or salts:
  - (A) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; including, but not limited to, HU 210 or HU 211;
  - (B) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to JWH-015; JWH-210; AM-1220; or MAM-2201;
  - (C) Naphthylmethylindoles being any compound structurally derived from a 1-H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-175; JWH-184; or JWH-199;
  - (D) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-307;
  - (E) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-176;
  - (F) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; including, but not limited to, JWH-167; JWH-201; JWH-251; or JWH-302;
  - (G) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring whether or not further substituted in the cyclohexyl ring to any extent; including, but not limited to, the dimethylhexyl or dimethylnonyl homologues of CP 47,497;
  - (H) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;
  - (I) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; including, but not limited to, Pravadoline (WIN 48,098); AM-1241; or AM-2233;
  - (J) WIN-55; 212-2 or 2,3-Dihydro-5-methyl-3-(4-Morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone;
  - (K) Cyclopropanoylindoles, being any compound structurally derived from a 3-(cyclopropylmethanoyl) indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent; including, but not limited to, A-796,260;
  - (L) Adamantoylindoles, being any compound structurally derived from a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, AM-1248 or AB-001;
  - (M) Adamantoylindolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, STS-135; 2NE1;
  - (N) Adamantylindazolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent;
  - (O) Naphthoylnaphthalene, being any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent; including, but not limited to, CB-13;
  - (P) Quinolinylindolecarboxylate, being any compound structurally derived from indole-3carboxylic acid-1H-quinolinyl ester structure with substitution at the nitrogen atom of the indole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl)methyl; or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinolinyl ring to any extent;
  - (Q) (1-Aminocarbonyl)propylindazolecarboxamides, being any compound structurally derived from 3-[(1-aminocarbonyl)-1-propyl] indazole carboxamide structure with substitution at either nitrogen atom of the indazole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl) methyl; or 2-(4-morphonlinyl) ethyl group, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the propyl chain to any extent; including, but not limited to, AB-PINACA.
  - (R) Naphthoylindazoles, being any compound structurally derived from 3-(1-naphthoyl) indazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to THJ-2201;
  - (S) Methylindazolecarboxamidobutanoate, being any compound structurally derived from methyl-2-(indazole-3-carboxamido) butanoate structure with substitution at the nitrogen atom of the indazole ring whether or not further substituted in the indazole ring to any extent, whether or not substituted in the butanyl or methyl chain around the ester to any extent; including, but not limited to AMB and fluoro-AMB; and
  - (T) Naphthalenylindolecarboxylates, being any compound structurally derived from a naphthalen-1-yl 1 H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthalene ring to any extent; including, but not limited to NM-2201.
- (2) Subdivision (a)(1) concerning synthetic cannabinoids shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved or approved for study by the federal food and drug administration.

(b) This section shall not apply to the possession, planting, cultivation, growing, or harvesting of the hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.

(c) This section shall not apply to any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the federal food and drug administration as a homeopathic drug.

(d)
- (1) A first violation of this section is a Class D felony.
- (2) A second or subsequent violation of this section is a Class C felony.
- (3) If the violation of this section involved the delivery, dispensing, or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (d) for delivering, dispensing, or selling to an adult.

Amended by 2015 Tenn. Acts, ch. 401,s 1, eff. 7/1/2015.

Amended by 2015 Tenn. Acts, ch. 401,Secs.s2, s3 eff. 7/1/2015.

Amended by 2015 Tenn. Acts, ch. 302,s 6, eff. 7/1/2015.

Amended by 2014 Tenn. Acts, ch. 735,s 1, eff. 7/1/2014.

Amended by 2013 Tenn. Acts, ch. 161,s 1, eff. 7/1/2013.

Acts 2006, ch. 700, § 1; 2010, ch. 922, § 1; 2011, ch. 274, § 1; 2012, ch. 848, § 21; 2012, ch. 854, § 1.

Notes of Decisions

Cited in 2 cases, 2013–2018 · leading case: State of Tennessee v. Franklin Dee Rose (Tenn. Crim. App. 2018).

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State of Tennessee v. Franklin Dee Rose (Tenn. Crim. App. 2018). · cites it 4× “See T.C.A. § 39-17-438(a)(1)(K); see also 21 C.”

State of Tennessee v. Paresh J. Patel (Tenn. Crim. App. 2013). · cites it 2× “The purpose of the undercover agent was to purchase products that were banned by statute [T.C.A. § 39-17-438] known as synthetic drugs to most of us in the community.”

— Tenn. Code Ann. § 39-17-438(a)(1)(K) — 1 case

State of Tennessee v. Franklin Dee Rose (Tenn. Crim. App. 2018). “See T.C.A. § 39-17-438(a)(1)(K); see also 21 C.”

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