Tennessee Code Annotated
Tenn. Code Ann. § 53-11-401 (2026)
Miscellaneous offenses - Penalties
✓ current as of May 2026
- (a) It is unlawful for any person:
- (1) Who is subject to part 3 of this chapter, to distribute or dispense a controlled substance in violation of § 53-11-308 or to distribute or dispense any controlled substance for any purposes other than those authorized by and consistent with the person's professional or occupational licensure or registration law, or to distribute or dispense any controlled substance in a manner prohibited by the person's professional or occupational licensure or registration law;
- (2) Who is a registrant to manufacture a controlled substance not authorized by the registrant's registration, or to distribute or dispense a controlled substance not authorized by the registrant's registration to another registrant or other authorized person;
- (3) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under part 3 of this chapter and this part, or title 39, chapter 17, part 4, except sanctions against a health care provider for the provider's failure to make a report required by § 53-11-309(a) shall be limited only to cases involving a pattern of willful failure to make such reports and, in those instances, the health care provider shall only be subject to a civil penalty assessed by the provider's licensing board;
- (4) To refuse an entry into any premises for any inspection authorized by part 3 of this chapter and this part, or title 39, chapter 17, part 4; or
- (5) Knowingly to keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place that is resorted to by persons using controlled substances in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, for the purpose of using these substances, or that is used for keeping or selling them in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4.
- (b)
- (1) A violation of this section is a Class D felony; provided, however, a healthcare provider who fails to make a report required by § 53-11-309 shall not be guilty of a felony and shall be punishable only by the sanctions set forth in subdivision (a)(3); and provided, further, that a person who fails to comply with § 53-11-308(h) or § 53-11-308(i) is not guilty of a felony and shall be punishable only by a civil penalty assessed by the provider's licensing board and only in cases involving a pattern of willful failure to comply.
- (2) Notwithstanding § 40-35-111, regarding the authorized fine for a Class D felony, the authorized fine for a violation of this section shall be as follows:
For a violation involving a Schedule I or II controlled substance
$ 100,000
For a violation involving a Schedule III or IV controlled substance
50,000
For a violation involving a Schedule V or VI controlled substance
5,000
For a violation involving a Schedule VII controlled substance
1,000
For any other violation of this section not involving a scheduled controlled substance
20,000
- (3) Nothing contained in this section shall preclude a prosecution under the general drug laws.
Amended by 2022 Tenn. Acts, ch. 1061, s 3, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 901, s 2, eff. 7/1/2018.
Acts 1971, ch. 163, § 28; 1976, ch. 579, § 1; T.C.A., § 52-1435; Acts 1990, ch. 980, § 13; 2010 , ch. 663, §§ 2, 3.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1998–2021 · leading case: United States v. Angelo Goldston, 906 F.3d 390 (6th Cir. 2018).
United States v. Angelo Goldston, 906 F.3d 390 (6th Cir. 2018). “er 53 of the Tennessee Code, which sets forth penalties for, among other things, practitioners who "dispense any controlled substance for any purposes other than those authorized by and consistent with the person's professional or occupational licensure or registration law," or…”
Stuart v. State of Tennessee Dept. of Saf., 963 S.W.2d 28 (Tenn. 1998). “” See Tenn.Code Ann. §§ 53-11-401 and -402 (1991).”
Dunaway v. Purdue Pharma L.P., 391 F. Supp. 3d 802 (2019). “, and a prohibition on "distribut[ing] or dispens[ing] any controlled substance for any purposes other than those authorized by and consistent with the person's professional or occupational licensure or registration law, or to distribute or dispense any controlled substance in a…”
State of Tennessee v. Jawaune Massey (Tenn. Crim. App. 2014). “Tenn. Code Ann. § 53-11-401 (a)(5) (2005).”
State of Tennessee v. Willard v. Fleming (Tenn. Crim. App. 2015). “T.C.A. § 53-11-401(a)(5) (2010). Ms. Fleming, the defendant’s daughter and accomplice, testified that she and the defendant had lived in the house since she was little.”
United States v. Angelo Goldston (6th Cir. 2018). “er 53 of the Tennessee Code, which sets forth penalties for, among other things, practitioners who “dispense any controlled substance for any purposes other than those authorized by and consistent with the person’s professional or occupational licensure or registration law,” or…”
State of Tennessee v. Marvin Magay James Green - concurring opinion (Tenn. Crim. App. 2021). “§ 39-17-432; T.C.A. § 53-11-401; T.C.A. § 39-17-425. All of his sentences were to run concurrently with his fifteen-year sentence for the drug-free school zone offense, and the judgment forms reflect that he was granted 508 days of pretrial jail credit, from August 18, 2006, to…”
State of Tennessee v. Elmer Herbert Simpson (Tenn. Crim. App. 2014). “” T.C.A. § 53-11-401(a)(5). In the present case, the defendant is much aggrieved that he was charged with and convicted of these two offenses.”
State of Tennessee v. John Anthony Garrett (Tenn. Crim. App. 2013). “5 grams of cocaine in violation of Tennessee Code Annotated section 39-17-417, knowingly casually exchanging marijuana in violation of Tennessee Code Annotated section 39-17-418, and maintaining a dwelling where controlled substances were used or sold in violation of Tennessee…”
State of Tennessee v. Ricky Joe Headley (Tenn. Crim. App. 2009). “Appellant was also indicted by the Davidson County Grand Jury for seventeen counts of unlawful distribution of a controlled substance, a Class D felony, in violation of Tennessee Code Annotated section 53-11-401, three counts of unlawful distribution of a legend drug,1 a Class C…”
State of Tennessee v. John Briggs (Tenn. Crim. App. 2002). “Tenn. Code Ann. § 53-11-401 (a)(1) (1997).”
State of Tennessee v. Robert Diggs (2019). “See Tenn. Code Ann. § 53-11-401 (2015). Because Defendant’s sentences were within the appropriate range, the trial court’s sentencing determinations are entitled to a presumption of reasonableness, and we will not reverse absent an abuse of discretion.”
— Tenn. Code Ann. § 53-11-401(a)(1) — 2 cases
United States v. Angelo Goldston, 906 F.3d 390 (6th Cir. 2018). “er 53 of the Tennessee Code, which sets forth penalties for, among other things, practitioners who "dispense any controlled substance for any purposes other than those authorized by and consistent with the person's professional or occupational licensure or registration law," or…”
United States v. Angelo Goldston (6th Cir. 2018). “er 53 of the Tennessee Code, which sets forth penalties for, among other things, practitioners who “dispense any controlled substance for any purposes other than those authorized by and consistent with the person’s professional or occupational licensure or registration law,” or…”
— Tenn. Code Ann. § 53-11-401(a)(5) — 3 cases
State of Tennessee v. Willard v. Fleming (Tenn. Crim. App. 2015). “T.C.A. § 53-11-401(a)(5) (2010). Ms. Fleming, the defendant’s daughter and accomplice, testified that she and the defendant had lived in the house since she was little.”
State of Tennessee v. Elmer Herbert Simpson (Tenn. Crim. App. 2014). “” T.C.A. § 53-11-401(a)(5). In the present case, the defendant is much aggrieved that he was charged with and convicted of these two offenses.”
State of Tennessee v. Ron \Cotton\" Seals" (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 53-11-401(b)(3) — 2 cases
United States v. Angelo Goldston, 906 F.3d 390 (6th Cir. 2018). “er 53 of the Tennessee Code, which sets forth penalties for, among other things, practitioners who "dispense any controlled substance for any purposes other than those authorized by and consistent with the person's professional or occupational licensure or registration law," or…”
United States v. Angelo Goldston (6th Cir. 2018). “er 53 of the Tennessee Code, which sets forth penalties for, among other things, practitioners who “dispense any controlled substance for any purposes other than those authorized by and consistent with the person’s professional or occupational licensure or registration law,” or…”
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