Amends TCA Title 39, Chapter 17, Part 4 and Section 49-2-116.
This bill expands the enhanced penalties for a certain drug offense in a drug-free zone to include the offense of distribution of 1/2 ounce or less of marijuana and reduces drug-free zone sizes in Hamilton, Knox, Davidson, and Shelby counties.<br /> <br /> Under present law, a person who is convicted for the offense of manufacturing, delivering, selling, or possessing a controlled substance with intent to manufacture, deliver, or sell the controlled substance, or conspiracy to do so, that occurs on the grounds or facilities of any school or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park is subject to:<br /> <br /> (1) An enhanced fine;<br /> (2) A requirement to serve at least the minimum sentence for the defendant's appropriate range of sentence; and<br /> (3) For violations which occur on the grounds or facilities of any school or within 1,000 feet of the real property that compromises a public or private elementary school, middle school, or secondary school, additional incarceration of one classification higher than otherwise provided by law.<br /> <br /> Under present law, the offense of distributing a small amount of marijuana not in excess of 1/2 ounce is a Class A misdemeanor and is not a drug offense that is subject to the punishment enhancements listed in (1), (2), and (3) above for violations that occur in drug-free zones.<br /> <br /> This bill subjects a person who is convicted of the offense of distributing, or conspiring to distribute, a small amount of marijuana not in excess of 1/2 ounce in a drug-free zone to the punishments listed in (1), (2), and (3) above. An offense of distributing a small amount of marijuana not in excess of 1/2 ounce in a school's drug free zone will be a Class E felony.<br /> <br /> This bill also reduces the drug-free zone from 1,000 feet to 500 feet in Hamilton, Knox, Davidson, and Shelby counties. <br /> <br />
This bill expands the enhanced penalties for a certain drug offense in a drug-free zone to include the offense of distribution of 1/2 ounce or less of marijuana and reduces drug-free zone sizes in Hamilton, Knox, Davidson, and Shelby counties.<br /> <br /> Under present law, a person who is convicted for the offense of manufacturing, delivering, selling, or possessing a controlled substance with intent to manufacture, deliver, or sell the controlled substance, or conspiracy to do so, that occurs on the grounds or facilities of any school or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park is subject to:<br /> <br /> (1) An enhanced fine;<br /> (2) A requirement to serve at least the minimum sentence for the defendant's appropriate range of sentence; and<br /> (3) For violations which occur on the grounds or facilities of any school or within 1,000 feet of the real property that compromises a public or private elementary school, middle school, or secondary school, additional incarceration of one classification higher than otherwise provided by law.<br /> <br /> Under present law, the offense of distributing a small amount of marijuana not in excess of 1/2 ounce is a Class A misdemeanor and is not a drug offense that is subject to the punishment enhancements listed in (1), (2), and (3) above for violations that occur in drug-free zones.<br /> <br /> This bill subjects a person who is convicted of the offense of distributing, or conspiring to distribute, a small amount of marijuana not in excess of 1/2 ounce in a drug-free zone to the punishments listed in (1), (2), and (3) above. An offense of distributing a small amount of marijuana not in excess of 1/2 ounce in a school's drug free zone will be a Class E felony.<br /> <br /> This bill also reduces the drug-free zone from 1,000 feet to 500 feet in Hamilton, Knox, Davidson, and Shelby counties. <br /> <br />
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