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TCA 39-17-424

Determination whether object is drug paraphernalia

VIOLATIONViolation

What does this charge mean?

This statute provides guidance for courts to determine whether an object is "drug paraphernalia" (equipment used to consume or make drugs) by considering statements about its use, the owner's criminal history, and other relevant facts. The statute itself does not create a crime—it only provides rules for identifying paraphernalia.

Penalty Details

ClassificationViolation
Penalty SummaryViolation
In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following: (1) Statements by the owner or anyone in control of the object concerning its use; (A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance. See Tennessee Code 39-17-402Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States. See Tennessee Code 39-17-402Testimony: Evidence presented orally by witnesses during trials or before grand juries.written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues; (3) The existence of any residue of controlled substances or controlled substance analogues on the object; (4) Instructions, oral or written, provided with the object concerning its use; (5) Descriptive materials accompanying the object that explain or depict its use; (6) The manner in which the object is displayed for sale; (7) The existence and scope of legitimate uses for the object in the community; and (8) Expert testimony concerning its use.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

VIOLATION
TCA Section39-17-424