Tennessee Code Annotated
Tenn. Code Ann. § 53-11-402 (2026)
Fraud - Penalties
✓ current as of May 2026
- (a) It is unlawful for any person knowingly or intentionally to:
- (1) Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 53-11-307;
- (2) Use in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended or issued to another person;
- (3) Acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Any person who violates this subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center;
- (4) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under part 3 of this chapter and this part, or title 39, chapter 17, part 4, or any record required to be kept by part 3 of this chapter and this part, or title 39, chapter 17, part 4;
- (5) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of the trademark, trade name, or other identifying mark, imprint or device of another upon any drug or container or labeling of any drug or container so as to render the drug a counterfeit substance; or
- (6) Notwithstanding § 71-5-2601, deceive or fail to disclose to a physician, nurse practitioner, ancillary staff or other health care provider from whom the person obtains a controlled substance or a prescription for a controlled substance that the person has received either the same controlled substance or a prescription for the same controlled substance or a controlled substance of similar therapeutic use or a prescription for a controlled substance of similar therapeutic use from another practitioner within the previous thirty (30) days.
- (b)
- (1) A violation of this section is a Class D felony, except that a violation of subdivision (a)(6) is a Class A misdemeanor and any violation of subdivision (a)(6) involving more than two hundred fifty (250) units of a controlled substance is a Class E felony. For purposes of this subdivision (b)(1), a "unit" means an amount of a controlled substance in any form that would equate to the initial single individual dosage recommended by the manufacturer of the controlled substance.
- (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.
- (c) Any person who violates subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center.
Acts 1971, ch. 163, § 29; 1972, ch. 597, §§ 5-7; T.C.A., § 52-1436; Acts 1990, ch. 980, § 14; 2009 , ch. 67, §§ 2, 3; 2012 , ch. 880, § 23.
Notes of Decisions
Cited in 14
cases, 2000–2013 · leading case: State of Tennessee v. Odessa Pope (Tenn. Crim. App. 2006).
State of Tennessee v. Stephen Davis (Tenn. Crim. App. 2011). “Tennessee law further clarifies that “‘[f]raud’ means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes” of our state’s criminal laws.”
State of Tennessee v. Odessa Pope (Tenn. Crim. App. 2006). “See Tenn. Code Ann. § 53-11-402 (b)(1), Tenn.”
State of Tennessee v. Matthew Brian Graham (Tenn. Crim. App. 2013). “On the same day, he pled guilty to three informations, each charging him with possession of a controlled substance in violation of Tennessee Code Annotated, section 53-11-402. Appellant received a two-year sentence in the Tennessee Department of Correction for the attempted…”
State of Tennessee v. Carlos Burris (Tenn. Crim. App. 2012). “Attempting to Obtain a Controlled Substance by Fraud Pursuant to Tennessee Code Annotated section 53-11-402(a)(3) (Supp. 2009), “[i]t is unlawful for any person knowingly or intentionally to[] .”
State of Tennessee v. Derrick Futch (Tenn. Crim. App. 2009). “Under Tennessee Code Annotated section 53-11-402(a)(3), “[i]t is unlawful for any person knowingly or intentionally to: .”
State of Tennessee v. Carlos Cooper (Tenn. Crim. App. 2009). “See Tenn. Code Ann §§ 53-11-402(b)(2); 39-17-417.”
State of Tennessee v. Jennifer Lynn Stinnett (Tenn. Crim. App. 2008). “In case number 17341, the Defendant was indicted for 104 counts of obtaining controlled substances by fraud in violation of Tennessee Code Annotated section 53-11-402, Class D felonies; 1 count of theft of property valued at $1,000 or more but less than $10,000 in violation of…”
William P. Livingston, Jr. v. State of Tennessee (Tenn. Crim. App. 2005). “See Tenn. Code Ann. § 53-11-402 (a) (1999). He was sentenced as a Range II persistent offender to six years’ incarceration for each count, with the sentences to be served concurrently to each other but consecutively to a previously imposed 21-year sentence.”
State of Tennessee v. Jimmy Ray Dockery (Tenn. Crim. App. 2004). “See Tenn. Code Ann. § 53-11-402 (a)(3), (b)(1) (Supp.”
Doris Cannon v. Peninsula Hosp. (Tenn. Ct. App. 2003). “1 The Complaint alleged that criminal charges were instituted against the Plaintiff for acquisition of a controlled substance in violation of Tenn. Code Ann. § 53-11-402 and that the Defendant was responsible for her prosecution of the criminal charge by reason of a report by…”
State of Tennessee v. Robert Gentry Galbreath (Tenn. Crim. App. 2002). “Tennessee Code Annotated § 53-11-402(a) provides, in pertinent part, as follows: It is unlawful for any person knowingly or intentionally to: .”
State of Tennessee v. Stephen E. Cline (Tenn. Crim. App. 2001). “The trial court also found that the appellant had fraudulently obtained his stepson’s medication, a controlled substance, in violation of Tenn. Code Ann. § 53-11-402 (a)(3) (1997).”
— Tenn. Code Ann. § 53-11-402(5)(b)(1) — 1 case
State v. James R. Horn, Sr. (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 53-11-402(a) — 1 case
State of Tennessee v. Robert Gentry Galbreath (Tenn. Crim. App. 2002). “Tennessee Code Annotated § 53-11-402(a) provides, in pertinent part, as follows: It is unlawful for any person knowingly or intentionally to: .”
— Tenn. Code Ann. § 53-11-402(a)(3) — 5 cases
State of Tennessee v. Stephen Davis (Tenn. Crim. App. 2011). “Tennessee law further clarifies that “‘[f]raud’ means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes” of our state’s criminal laws.”
State of Tennessee v. Carlos Burris (Tenn. Crim. App. 2012). “Attempting to Obtain a Controlled Substance by Fraud Pursuant to Tennessee Code Annotated section 53-11-402(a)(3) (Supp. 2009), “[i]t is unlawful for any person knowingly or intentionally to[] .”
State of Tennessee v. Derrick Futch (Tenn. Crim. App. 2009). “Under Tennessee Code Annotated section 53-11-402(a)(3), “[i]t is unlawful for any person knowingly or intentionally to: .”
State of Tennessee v. Odessa Pope (Tenn. Crim. App. 2006). “See Tenn. Code Ann. § 53-11-402 (b)(1), Tenn.”
State of Tennessee v. Robert Gentry Galbreath (Tenn. Crim. App. 2002). “Tennessee Code Annotated § 53-11-402(a) provides, in pertinent part, as follows: It is unlawful for any person knowingly or intentionally to: .”
— Tenn. Code Ann. § 53-11-402(b)(2) — 1 case
State of Tennessee v. Carlos Cooper (Tenn. Crim. App. 2009). “See Tenn. Code Ann §§ 53-11-402(b)(2); 39-17-417.”
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