HB0413112th GA (Historical)Introduced

Amends TCA Title 39, Chapter 17, Part 4 and Title 40.

This bill decriminalizes the possession and casual exchange of less than one-ounce of marijuana, as follows.<br /> <br /> Under present law, it is a Class A misdemeanor offense for a person to:<br /> <br /> (1) 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 a professional practice; or <br /> <br /> (2) Distribute a small amount of marijuana not in excess of 1/2 ounce (14.175 grams).<br /> <br /> This bill provides that, notwithstanding item (1) above, it is not an offense for a person to possess or casually exchange marijuana in an amount less than one-ounce (28.35 grams). This bill rewrites item (2) above to provide that it is an offense for a person to sell or distribute marijuana in an amount less than one-ounce (28.35 grams). <br /> <br /> Under present law, a violation of item (1) or (2) above, where the casual exchange is to a minor from an adult who is at least two years older than the minor and who knows that the person is a minor, is punishable by felony as provided in the present law provisions for drug possession/distribution. Under this bill, the enhanced penalty provision will not apply to persons who possess or casually exchange marijuana in an amount less than one-ounce (28.35 grams). <br /> <br /> Under present law, it is a Class E felony offense for a defendant to knowingly manufacture, deliver, sell, or possess with the intent to manufacture, deliver, or sell a Schedule VI controlled substance classified as marijuana containing not less than 1/2 ounce (14.175 grams) nor more than ten pounds (4535 grams). The offender may also be fined up to $5,000. This bill replaces the applicable amount of marijuana to "not less than one-ounce (28.35 grams)."<br />

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Overview

This bill decriminalizes the possession and casual exchange of less than one-ounce of marijuana, as follows.<br /> <br /> Under present law, it is a Class A misdemeanor offense for a person to:<br /> <br /> (1) 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 a professional practice; or <br /> <br /> (2) Distribute a small amount of marijuana not in excess of 1/2 ounce (14.175 grams).<br /> <br /> This bill provides that, notwithstanding item (1) above, it is not an offense for a person to possess or casually exchange marijuana in an amount less than one-ounce (28.35 grams). This bill rewrites item (2) above to provide that it is an offense for a person to sell or distribute marijuana in an amount less than one-ounce (28.35 grams). <br /> <br /> Under present law, a violation of item (1) or (2) above, where the casual exchange is to a minor from an adult who is at least two years older than the minor and who knows that the person is a minor, is punishable by felony as provided in the present law provisions for drug possession/distribution. Under this bill, the enhanced penalty provision will not apply to persons who possess or casually exchange marijuana in an amount less than one-ounce (28.35 grams). <br /> <br /> Under present law, it is a Class E felony offense for a defendant to knowingly manufacture, deliver, sell, or possess with the intent to manufacture, deliver, or sell a Schedule VI controlled substance classified as marijuana containing not less than 1/2 ounce (14.175 grams) nor more than ten pounds (4535 grams). The offender may also be fined up to $5,000. This bill replaces the applicable amount of marijuana to "not less than one-ounce (28.35 grams)."<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 26, 2021

Subjects
12101027

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