Amends TCA Title 39 and Title 40.

This bill increases the penalties for drug offenses involving fentanyl and other associated drugs, extends confinement minimums to fentanyl and other associated drugs, and revises the penalties for violations involving controlled substance analogues, as discussed below.<br /> <br /> Present law classifies fentanyl, carfentanil, and sufentanil as a Schedule II controlled substance. Generally under present law, with certain exceptions, the manufacture; delivery; sale of; or possession with intent to manufacture, deliver, or sell (referred to as a violation of TCA 39-17-417) a Schedule II controlled substance is a Class C felony with a fine not more than $100,000, regardless of the amount involved.<br /> <br /> This bill increases the penalty for violations of TCA 49-17-417 involving certain amounts of fentanyl, carfentanil, and sufentanil, and expands the offense to specifically include analogues of fentanyl, as follows:<br /> <br /> (1) Class B felony if the amount involved is 0.1 grams or more but 10 grams or less of fentanyl, or an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl and in addition the person may be fined not more than $100,000;<br /> (2) Class A felony if the amount involved is more than 10 grams of fentanyl, or an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl and in addition the person may be fined not more than $500,000 and will be required to serve 100 percent of the minimum sentence for the defendant's appropriate sentencing range; and<br /> (3) Class C felony if the amount involved is less than 0.1 grams of fentanyl, or an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl and in addition the person may be fined not more than $100,000. However, if the amount involved is less than 0.1 grams of fentanyl, or an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl and the person carried or employed a deadly weapon during the commission of the offense or the offense resulted in death or bodily injury to another individual, the offense is a Class B felony.<br /> <br /> This bill also:<br /> <br /> (1) Adds that a violation of TCA 39-17-417 with respect to a substance that is the combination of fentanyl, or an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl, and any other controlled substance will be punished one classification higher than otherwise provided by law. This increase in classification will not occur when the offense is a Class A felony;<br /> (2) Extends the present law provision whereby a violation of TCA 29-17-417 with respect to any amount of methamphetamine must be punished by confinement for no less than 180 days, and the person must serve at least 100 percent of the 180-day minimum to also include fentanyl, and an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl;<br /> (3) Adds fentanyl, and an equipotent amount of carfentanil, sufentanil, or the analogues of fentanyl to the minimum sentence provisions of present law regarding simple possession. Under present law, it is a Class A misdemeanor for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice. If the offense involves any amount of methamphetamine, the person must be confined for not less than 30 days, and the person must serve at least 100 percent of the 30-day minimum; and<br /> (4) Revises the penalties for violations involving controlled substance analogues. Under present law, it is an offense to knowingly manufacture, deliver, dispense, or sell a controlled substance analogue or to possess a controlled substance analogue with the intent to manufacture, deliver, dispense, or sell such substance. A first violation is a Class D felony; a second or subsequent violation is a Class C felony. This bill rewrites the penalty provisions to instead provide that a violation will be punished in the same manner as a violation of TCA 39-17-417 involving the controlled substance of which the substance is an analogue.<br /> <br />