TCA 39-17-438
Production, manufacture, distribution or possession of salvia divinorum A
FELONY DClass D Felony
Sentence enhancement may apply
What does this charge mean?
It is illegal to produce, manufacture, distribute, or possess salvia divinorum (a hallucinogenic plant) or possess it with intent to produce, manufacture, or distribute it. The statute specifically addresses the active chemical ingredients in this hallucinogenic substance. Violation is a Class D felony punishable by 2 to 12 years in prison and a fine up to $5,000.
Penalty Details
ClassificationClass D Felony
Maximum Jail2-12 years
Maximum Fine$5,000
Penalty SummaryClass D felony; 2-12 years; fine up to $5,000
Enhancement NotesMultiple classifications: Class C felony, Class D felony
(a) (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 39-17-402Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:(A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See Tennessee Code 39-17-402Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402(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
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY D
TCA Section39-17-438
Max Jail2-12 years
Max Fine$5,000