Mandatory minimum fines – Allocation of proceeds

(a) Notwithstanding any other provision of this part to the contrary, any person convicted of violating any provision of this part shall be fined no less than the amount set out in the schedule in subsection (b). The fines set out in the schedule shall be the minimum mandatory fine for each type of offense and offender and shall not be construed to be a separate fine or in addition to the fines currently authorized by law for the offense committed. Nothing in this section shall prohibit the court from imposing a fine in excess of the minimum set out in such schedule; provided, that the amount is authorized by law. (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Tennessee Code 39-17-402Drug paraphernalia: includes , but is not limited to:(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 39-17-402Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106Marijuana: means all parts of the plant cannabis, whether growing or not. See Tennessee Code 39-17-402Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source: Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106(b) In determining the minimum fine to impose upon any person convicted of violating any provision of this part, the court shall first determine whether the person was convicted of a misdemeanor or felony violation of this part and then shall determine if the person has any previous convictions for violations of this part. Having determined the category of offense and offender, the judge shall impose a minimum mandatory fine based upon the following: (1) First conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish……………….. $250 (2) Second conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish……………….. 500 (3) Third or subsequent conviction for a misdemeanor drug offense………………..1,000 (4) First conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI……………….. 750 (5) Second conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI……………….. 850 (6) Third or subsequent conviction for a misdemeanor drug offense, where the current offense involves a Schedule I controlled substance classified as heroin, enhanced as a felony under § 39-17-418(e)………………..1,000 (7) First conviction for possession of drug paraphernalia under § 39-17-425(a)(1)……………….. 150 (8) Second or subsequent conviction for possession of drug paraphernalia under § 39-17-425(a)(1) and conviction for all other misdemeanor drug offenses ……………….. 250 (9) First conviction for all felony drug offenses involving a scheduled controlled substance ……………….. 2,000 (10) Second conviction for all felony drug offenses involving a scheduled controlled substance ……………….. 3,000 (11) Third or subsequent conviction for all felony drug offenses involving a scheduled controlled substance ……………….. 5,000 (12) First conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) ……………….. 1,000 (13) Second or subsequent conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1)……………….. 1,500 (14) First conviction for an offense under § 39-17-431(m)………………..1,000. (15) Second or subsequent conviction for an offense under § 39-17-431(m)………………..2,000. (c) (1) Fifty percent (50%) of any fine collected pursuant to subsection (b) shall be allocated in the manner set out in § 39-17-420. The remaining fifty percent (50%) shall be paid to the ge