Amends TCA Title 37; Title 39 and Title 40.

CONTROLLED SUBSTANCES Present law provides that knowingly manufacturing, delivering, or selling a controlled substance or possessing a controlled substance with intent to manufacture, deliver, or sell the controlled substance, or a conspiracy to commit such offenses where the recipient or the intended recipient of the controlled substance is under 18 must be punished one classification higher than provided in present law. As an alternative to present law, this bill adds that a person who commits one of the offenses described above must be punished one classification higher than provided in present law if the substance involved is fentanyl, or any other fentanyl analogue or derivative, and the defendant crossed county lines during the course of manufacturing, delivering, selling, or possessing the substance. PUNISHMENT - SECOND DEGREE MURDER This bill provides that knowingly manufacturing, delivering, or selling a controlled substance or possessing a controlled substance with intent to manufacture, deliver, or sell the controlled substance or a conspiracy to commit one of the above listed offenses must be punished as a second degree murder if the substance involved is a Schedule I or II controlled substance, either alone or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, including controlled substance analogues, and the violation resulted in the death of another person. WEAPON OF MASS DESTRUCTION Present law generally provides the following: (1) The intentional release of a dangerous chemical or hazardous material utilized in a lawful industrial or commercial process is considered use of a weapon of mass destruction when a person knowingly utilizes those agents with intent and for the purpose of causing harm to persons either directly or indirectly through harm to animals or the environment; and (2) It is a Class B felony for any person, without lawful authority, to possess, develop, manufacture, produce, transfer, acquire, weaponize, or retain any weaponized agent, biological warfare agent, weaponized biological or biologic warfare agent, chemical warfare agent, nuclear or radiological agent, or any other weapon of mass destruction. Present law defines a "weapon of mass destruction" as including chemical warfare agents, biological or biologic warfare agents, weaponized agents, weaponized biological or biologic warfare agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon. This bill adds to the definition an incapacitating agent, which this bill describes as the following: (1) A mixture or substance containing a detectable amount of fentanyl, including its derivatives, analogues, isomers, esters, ethers, salts, and salts of isomers; and (2) Not including the substances listed in this bill if lawfully possessed under present law. DISTRIBUTION OR DELIVERY OF ANY SUBSTANCE - TERRORISM OR HOAX This bill adds incapacitating agent to the offense of distributing or delivering, as an act of terrorism or as a hoax any substance that is intended to, or that such person has reason to believe may, create a fear or apprehension on the part of any other person that such substance may be an incapacitating agent. PENALTIES Present law provides that it is a Class B felony for a person to knowingly manufacture, deliver, or sell cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil or possess one of these substances with the intent to manufacture, deliver, or sell the controlled substance if the amount involved is 0.5 grams or more of cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, and in addition, may be fined not more than $100,000. A Class B felony is punishable by a term of imprisonment not less than eight years nor more than 30 years. This bill amends the above provision to only apply to cocaine and methamphetamine. Additionally, this bill adds that if a person commits the actions in the above provision with fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, and if the amount involved is a detectable amount of any of these substances, then the person commits a Class B felony and may be fined a maximum of $100,000. Present law provides that it is a Class C felony if a controlled substance, including cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in an amount of less than 0.5 grams, and in addition, may be fined not more than $100,000; provided that if the offense involves less than 0.5 grams of a controlled substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, but the defendant carried or employed a deadly weapon during commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony. This bill amends this provision to only apply to cocaine or methamphetamine. ASSAULT AGAINST FIRST RESPONDER This bill provides that a person commits a Class C felony if a person commits an aggravated assault against a first responder, who knowingly possesses fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in a manner that would be reasonably foreseen to expose a first responder to the substance while the first responder is discharging or attempting to discharge the first responder's official duties and the first responder is exposed to the substance. Under this bill, such a Class C felony is punishable by a mandatory fine of $15,000 and a mandatory minimum sentence of 90 days incarceration. Additionally, the defendant is not eligible for release from confinement until the defendant has served the entire 90-day mandatory minimum sentence.